Ch. 31

1997 LAWS OF MARYLAND

(3) HAS FAILED TO ACCOUNT FAIRLY FOR THE PUBLIC MONEYS WITH
THE TREASURY OF THE STATE.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 69, § 1.

In the introductory language of this section, the former reference to "since the
adoption of the Constitution of 1851" is deleted as obsolete.

Also in the introductory language of this section, the reference to "State
office" is substituted for the former reference to "any office ... under this
State" for clarity.

17-102. EXTENT OF REMOVAL OF INELIGIBILITY.

AN INELIGIBILITY ESTABLISHED UNDER § 17-101 OF THIS TITLE:

(1) MAY NOT BE REMOVED BY AN ACCOUNTING WITH OR PAYMENT
INTO THE TREASURY OF THE STATE TO VALIDATE AN ELECTION OR APPOINTMENT
THAT HAS ALREADY OCCURRED; BUT

(2) SHALL BE REMOVED ONLY FOR A FUTURE ELECTION OR
APPOINTMENT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 69, § 2.

17-103. INADVERTENT ISSUANCE OF COMMISSION.

(A) ACTION BY GOVERNOR.

IF A COMMISSION HAS BEEN ISSUED TO AN INDIVIDUAL WHO IS INELIGIBLE
UNDER § 17-101 OF THIS TITLE, THE GOVERNOR SHALL INSTRUCT THE STATE'S
ATTORNEY FOR THE COUNTY IN WHICH THE INDIVIDUAL RESIDES TO OBTAIN IN
THE CIRCUIT COURT OF THAT COUNTY A WRIT OF MANDAMUS DIRECTED TO THE
INDIVIDUAL WHO PROFESSES TO HOLD THE OFFICE SPECIFIED IN THE COMMISSION
TO INQUIRE INTO THE RIGHT BY WHICH THE INDIVIDUAL HOLDS THE OFFICE.

(B) ACTION BY CIRCUIT COURT.

IF THE CIRCUIT COURT FINDS THAT AT THE TIME OF THE ELECTION OR
APPOINTMENT OF AN INDIVIDUAL, THE INDIVIDUAL HAD NOT ACCOUNTED FOR
AND PAID INTO THE TREASURY OF THE STATE MONEY THAT THE INDIVIDUAL
SHOULD HAVE ACCOUNTED FOR AND PAID INTO THE TREASURY OF THE STATE
BEFORE THE ELECTION OR APPOINTMENT OF THE INDIVIDUAL, THEN THE CIRCUIT
COURT SHALL DECLARE THE ELECTION OR APPOINTMENT OF THAT INDIVIDUAL TO
BE VOID FROM THE BEGINNING AND THE OFFICE TO BE VACANT.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 69, § 3.

In subsection (a) of this section, the reference to the county "in which the
individual resides" is added for clarity.

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