1556

LAWS OF MARYLAND

Ch. 582

subdivisions may NOT issue a commission or administer an
oath of office to a candidate until that official has
received this certification from the State Administrative
Board of Election Laws.

(F)    IF ANY PERSON ELECTED TO PUBLIC OFFICE HAS
BEEN NOTIFIED PURSUANT TO SUBSECTIONS (C) OR (D) AND HAS
FAILED TO FILE A REPORT OR STATEMENT REQUIRED BY §§ 26-11
OR 26-13(D) IN THE TIME REQUIRED, OR FAILED TO PAY ANY
LATE FILING FEE DUE, THE BOARD SHALL CAUSE AN
INVESTIGATION TO BE UNDERTAKEN AND SHALL NOTIFY THE
ELECTED OFFICIAL AND AFFORD HIM THE OPPORTUNITY TO BE
HEARD. IF THE BOARD DETERMINES, AFTER HEARING, THAT A
REPORT OR STATEMENT REQUIRED BY §§ 26-11 OR 26-13(D) WAS
NOT TIMELY FILED, THAT THE OFFICIAL WAS NOTIFIED PURSUANT
TO SUBSECTIONS (C) OR (D) , AND THAT THE FAILURE TO FILE
HAS NOT BEEN CORRECTED AND LATE FILING FEES HAVE NOT BEEN
PAID, THEN IT SHALL DIRECT THE APPROPRIATE FINANCIAL
OFFICERS TO WITHHOLD THE SALARY OF THE ELECTED OFFICIAL
UNTIL THE REPORT OR STATEMENT IS FILED AND ALL LATE FEES
PAID AND TO WITHHOLD FROM FUTURE SALARY PAYMENTS A SUM OR
SUMS WHICH EQUAL ANY AMOUNT PREVIOUSLY PAID TO THE
ELECTED OFFICIAL FOR A PERIOD DURING WHICH HIS REPORT OR
STATEMENT WAS IN DEFAULT.

(G)    ALL LATE FILING FEES PAID SHALL BE TREATED AS
A SPECIAL FUND AND SHALL BE PAID AND DISTRIBUTED AS
FOLLOWS:

(1) FEES PERTAINING TO REPORTS OR STATEMENTS
REQUIRED TO BE FILED WITH THE STATE ADMINISTRATIVE BOARD
OF ELECTION LAWS SHALL BE FIRST APPLIED TO PAY THE
EXPENSES OF COLLECTION AND OF ANY AUDITS OF FINANCIAL
REPORTS AND STATEMENTS PERFORMED AT THE DIRECTION OF THE
STATE ADMINISTRATOR. ANY BALANCE REMAINING AT THE END OF
EACH FISCAL YEAR SHALL BE REMITTED TO THE STATE TREASURY
AS PART OF THE GENERAL FUNDS OF THE STATE;

[[(2) FEES PERTAINING TO REPORTS OR STATEMENTS
REQUIRED TO BE FILED ONLY WITH THE BOARD OF BALTIMORE
CITY OR THE BOARD OF ONE OF THE COUNTIES SHALL BE PAID TO
SUCH LOCAL BOARDS WHICH SHALL, IN TURN, PAY OVER ALL
AMOUNTS RECEIVED TO THE MAYOR AND CITY COUNCIL OF
BALTIMORE, THE COUNTY COMMISSIONERS, OR THE COUNTY
COUNCIL, AS THE CASE MAY BE.]]

(2) FEES PERTAINING TO REPORTS OR STATEMENTS
REQUIRED TO BE FILED ONLY WITH A COUNTY BOARD SHALL BE

PAID TO THE COUNTY BOARD WHICH SHALL, IN TURN, PAY OVER

ALL AMOUNTS RECEIVED TO THE COUNTY.

[(b)] (H) The provisions of this section,
[including] AND the provisions of § 26—11 with respect to
the filing of reports or statements, are mandatory and
not directory. However, [no] A candidate may NOT be
disqualified for failure to file a report or statement OR
TO PAY A LATE FILING FEE if the failure is found by a
court of competent jurisdiction to be for just cause.