Ch. 31

1997 LAWS OF MARYLAND

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 70, § 7.

The reference to "[e]xcept for an officer specified in §§ 16-101 through
16-104 of this title" is substituted for the former reference to "[a]ll other
officers" for clarity.

The reference to "oath required by Article I, § 9 of the Maryland
Constitution" is substituted for the former reference to "said oath" for clarity.

16-106. FORM OF OATH.

UNLESS A LAW OR ORDINANCE PRESCRIBES A DIFFERENT FORM OF OATH, A
PERSON WHO IS NOT SUBJECT TO THE OATH PRESCRIBED BY ARTICLE I, § 9 OF THE
MARYLAND CONSTITUTION, BUT WHO IS APPOINTED TO A POSITION THAT
REQUIRES THE PERSON TO TAKE AN OATH, SHALL TAKE AN OATH FAITHFULLY TO
DISCHARGE THE DUTIES OF THE OFFICE TO WHICH THE PERSON IS APPOINTED.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 70, § 10.

The reference to "who is not subject to the oath prescribed by Article I, § 9 of
the Maryland Constitution" is substituted for the former reference to "but
who is not embraced in the provisions of the aforesaid section of the
Constitution" for clarity.

16-107. REFUSAL OR NEGLECT TO TAKE OATH.

AN INDIVIDUAL ELECTED OR APPOINTED TO AN OFFICE SHALL BE DEEMED TO
HAVE REFUSED THE OFFICE IF THE INDIVIDUAL DECLINES OR NEGLECTS TO TAKE
AND SUBSCRIBE THE OATH PRESCRIBED BY ARTICLE I, § 9 OF THE MARYLAND
CONSTITUTION OR BY LAW OR ORDINANCE:

(1) WITHIN 30 DAYS AFTER THE DAY WHEN THE OFFICE OF A CLERK OF
A CIRCUIT COURT RECEIVES THE COMMISSION OF THE INDIVIDUAL; OR

(2) IF THE COMMISSION IS NOT SENT TO A CLERK OF A CIRCUIT COURT,
WITHIN 30 DAYS AFTER THE INDIVIDUAL RECEIVES THE COMMISSION OR THE
NOTICE OF APPOINTMENT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 70, § 11.

The reference to the oath prescribed by "Article I, § 9 of the Maryland
Constitution" is substituted for the former reference to the oath prescribed by
the "Constitution" for clarity.

16-108. REPORTS OF CLERKS TO SECRETARY OF STATE; FEE.

(A) REPORT REQUIRED.

AT LEAST ONCE EACH MONTH, THE CLERK OF EACH CIRCUIT COURT SHALL
REPORT TO THE SECRETARY OF STATE THE NAMES AND OFFICES OF ALL OFFICERS
WHO HAVE TAKEN AND SUBSCRIBED AN OATH BEFORE THE CLERK.

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