PARRIS N. GLENDENING, Governor Ch. 31

(B) PRESERVATION OF REPORT BY SECRETARY OF STATE; CERTIFICATION.
THE SECRETARY OF STATE SHALL:

(1) PRESERVE A REPORT REQUIRED BY SUBSECTION (A) OF THIS
SECTION; AND

(2) EQUALLY WITH THE CLERK OF A CIRCUIT COURT, BE COMPETENT
TO CERTIFY THE CHARACTER AND QUALIFICATIONS OF AN OFFICER WHO HAS
TAKEN AND SUBSCRIBED AN OATH BEFORE THE CLERK.

(C) FEE OF CLERK.

THE CLERK OF A CIRCUIT COURT MAY COLLECT A FEE OF $.10 FOR
ADMINISTERING AN OATH REQUIRED BY § 16-105 OF THIS TITLE TO BE
ADMINISTERED BY THE CLERK.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 70, § 12.

In subsection (b)(1) of this section, the former reference to the duty of the
Secretary of State "carefully" to preserve reports made by clerks of the circuit
courts is deleted as an unnecessary presumption of a lack of care by the
Secretary of State in preserving documents in the custody of the Secretary.

In subsection (c) of this section, the reference to an oath "required by §
16-105 of this title" is substituted for the former reference to "aforesaid oath"
for clarity.

GENERAL REVISOR'S NOTE: Former Art. 70, § 9, which required a public
official who took the oath prescribed by Article I of the Maryland Constitution
to declare a belief in the Christian religion or, if Jewish, a belief in a future
state of rewards and punishments, is repealed in light of Torasco v. Watkins,
367 U.S. 488 (1961), which held that a religious test for public office is an
unconstitutional infringement of the freedom of religion guaranteed by the
First and Fourteenth Amendments to the U.S. Constitution.

TITLE 17. OFFICERS.
17-101. INELIGIBILITY FOR FAILURE TO ACCOUNT.

UNTIL AN INDIVIDUAL ACCOUNTS FOR AND PAYS INTO THE TREASURY OF THE
STATE ALL MONEY THAT IS CHARGED TO AND DUE BY THE INDIVIDUAL ON THE
BOOKS OF THE STATE, THE INDIVIDUAL IS INELIGIBLE TO BECOME A MEMBER OF
THE SENATE OF MARYLAND OR THE HOUSE OF DELEGATES, OR TO HOLD ANY
STATE OFFICE OF PROFIT OR TRUST IF THE INDIVIDUAL:

(1) IS A COLLECTOR, RECEIVER, OR HOLDER OF PUBLIC MONEYS;

(2) IS CHARGED ON THE BOOKS OF THE STATE A SUM DUE TO THE
STATE; AND

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