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Session Laws, 1974
Volume 713, Page 3126   View pdf image
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3126                                                VETOES

and expenditures. One of the many changes embodied in
Senate Bill 156 pertains to the length of time for which
various reports, statements and accounts filed with
certain public boards and officers must be retained by
them. Whereas the present law requires that such records
be retained for only one year after the date of filing,
Senate Bill 456 amends Section 26—14 so as to require
that they be preserved for the longer of two years after
the election to which the records relate, or one year
after the date for filing of the final report or
statement as required. Since Senate Bill 456 also amends
Section 26—11 so as to require candidates to file annual
reports so long as a cash balance exists or any unpaid
bills or deficits remain to be paid, it thus would
require in such instances that all records filed by a
candidate for a given election be maintained indefinitely
until one year after the filing of the final report
showing no cash balance and no unpaid bills or deficits.

House Bill 603 deals solely with the required
retention of records, but in this area it goes beyond
Senate Bill 456 in certain respects. The bill amends
Section 26—14 so as to require that all reports,
statements and accounts relating to campaign
contributions and expenditures be maintained by the board
(or officer) with which they are required to be filed for
"at least one year beyond the length of the term of the
public or party office for which every candidate, to whom
these reports, statements or accounts apply, has offered
himself for nomination or election....."In the case of
certain judicial candidates, this would require
preservation of records for sixteen years. House Bill
603 also requires that the treasurers and sub—treasurers
of the various candidates and committees preserve the
books and records which they are required to maintain
(without regard to whether they must be filed) for "one
year beyond the length of the term of the public or party
office for which every candidate, to whom these books and
records apply, has offered himself for nomination or
election....."No similar provision extending the time
of required maintenance of records by treasurers and
sub—treasurers is included in Senate Bill 456.

In addition to the conflicts noted above, there are
other differences in the two versions of Section 26—14,
but they are relatively insubstantial.

It is our view that the conflict between Senate Bill
456 and House Bill 603 is irreconcilable insofar as they
both purport to amend Section 26—14 and that,
accordingly, if both bills are signed, the provisions of
the bill signed later would prevail in accordance with
Article 1, Section 17 of the Annotated Code of Maryland.
If both bills are signed and House Bill 603 is signed
later, we believe that its amendment of Section 26—14

 

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Session Laws, 1974
Volume 713, Page 3126   View pdf image
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