2944                                               LAWS OF MARYLAND                        [Ch. 879

WHICH IS A MISDEMEANOR RELATED TO HIS PUBLIC DUTIES AND

RESPONSIBILITIES FOR WHICH THE PENALTY MAY BE

INCARCERATION IN ANY PENAL INSTITUTION, SHALL BE

SUSPENDED BY OPERATION OF LAW WITHOUT PAY FROM THE

ELECTIVE OFFICE. DURING AND FOR THE PERIOD OF SUSPENSION

OF THE ELECTED OFFICIAL, THE APPROPRIATE GOVERNING BODY

AND/OR OFFICIAL AUTHORIZED BY LAW TO FILL ANY VACANCY IN

THE ELECTIVE OFFICE SHALL APPOINT A PERSON TO TEMPORARILY

FILL THE ELECTIVE OFFICE. If, AFTER EXHAUSTION OF ANY

APPEAL AS A MATTER OF BIGHT WITHIN THE COURT SYSTEM IN

WHICH THE ELECTED OFFICIAL IS SO CONVICTED. THE

CONVICTION IS UPHELD, SUCH ELECTED OFFICIAL SHALL BE

REMOVED FROM THE ELECTIVE OFFICE BY OPERATION OF LAW.

THE GOVERNOR, UPON A FINDING BY THE ATTORNEY GENERAL OF
SUCH A REMOVAL, SHALL FORMALLY DECLARE THE OFFICE VACANT.
IF THE CONVICTION OF THE ELECTED OFFICIAL IS REVERSED OR
OVERTURNED ON ANY APPEAL AS A MATTER OF RIGHT AS PROVIDED

ABOVE, THE ELECTED OFFICIAL SHALL BE REINSTATED BY

OPERATION OF LAW TO THE ELECTIVE OFFICE FOR THE
REMAINDER, IF ANY. OF THE ELECTIVE TERM OF OFFICE DURING
WHICH HE WAS SO CONVICTED. IN THE EVENT THE CONVICTION
IS REVERSED OR OVERTURNED ON ANY APPEAL BY AMY COURT OF
COMPETENT JURISDICTION. WHETHER BY APPEAL AS A MATTER OF
RIGHT, OR OTHERWISE, THEN ALL PAY WITHHELD DURING THE
PERIOD OF SUSPENSION SHALL BE RESTORED. ]]

ANY ELECTED OFFICIAL OF THE STATE. OR OF A COUNTY OR
OF A MUNICIPAL CORPORATION WHO DURING HIS TERM OF OFFICE
IS CONVICTED OF OR ENTERS A PLEA OF NOLO CONTENDERE TO
ANY CRIME WHICH IS A FELONY. OR WHICH IS A MISDEMEANOR
RELATED TO HIS PUBLIC DUTIES AND RESPONSIBILITIES AND
INVOLVES MORAL TURPITUDE FOR WHICH THE PENALTY MAY BE

INCARCERATION IN ANY PENAL INSTITUTION. SHALL BE

SUSPENDED BY OPERATION OF LAW WITHOUT PAY OR BENEFITS

FROM THE ELECTIVE OFFICE. DURING AND FOR THE PERIOD OF

SUSPENSION OF THE ELECTED OFFICIAL. THE APPROPRIATE

GOVERNING BODY AND/OR OFFICIAL AUTHORIZED BY LAW TO FILL
ANY VACANCY IN THE ELECTIVE OFFICE SHALL APPOINT A PERSON
TO TEMPORARILY FILL THE ELECTIVE OFFICE. PROVIDED THAT IF
THE ELECTIVE OFFICE IS ONE FOR WHICH AUTOMATIC SUCCESSION

IS PROVIDED BY LAW, THEN IN SUCH EVENT THE PERSON

ENTITLED TO SUCCEED TO THE OFFICE SHALL TEMPORARILY FILL

THE ELECTIVE OFFICE. IF THE CONVICTION BECOMES FINAL,

AFTER JUDICIAL REVIEW OR OTHERWISE. SUCH ELECTED OFFICIAL
SHALL BE REMOVED FROM THE ELECTIVE OFFICE BY OPERATION OF

LAW AND THE OFFICE SHALL BE DEEMED VACANT. IF THE

CONVICTION OF THE ELECTED OFFICIAL IS REVERSED OR

OVERTURNED, THE ELECTED OFFICIAL SHALL BE REINSTATED BY
OPERATION OF LAW TO THE ELECTIVE OFFICE FOR THE
REMAINDER. IF ANY, OF THE ELECTIVE TERM OF OFFICE DURING

WHICH HE WAS SO SUSPENDED OR REMOVED, AND ALL PAY AND

BENEFITS SHALL BE RESTORED.