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§ 2. Suspension and removal of convicted officials

West's Annotated Code of MarylandConstitution of Maryland Adopted by Convention of 1867Effective: November 6, 2012

West's Annotated Code of Maryland
Constitution of Maryland Adopted by Convention of 1867
Article XV. Miscellaneous
Effective: November 6, 2012
MD Constitution, Art. 15, § 2
§ 2. Suspension and removal of convicted officials
Any elected official of the State, or of a county or of a municipal corporation who during the elected official’s term of office is found guilty of any crime which is a felony, or which is a misdemeanor related to the elected official’s public duties and responsibilities and involves moral turpitude for which the penalty may be incarceration in any penal institution, shall be suspended by operation of law without pay or benefits from the elective office. During and for the period of suspension of the elected official, the appropriate governing body and/or official authorized by law to fill any vacancy in the elective office shall appoint a person to temporarily fill the elective office, provided that if the elective office is one for which automatic succession is provided by law, then in such event the person entitled to succeed to the office shall temporarily fill the elective office. If the finding of guilt becomes a final conviction, after judicial review or otherwise, such elected official shall be removed from the elective office by operation of Law and the office shall be deemed vacant. If the finding of guilt of the elected official is reversed or overturned, the elected official shall be reinstated by operation of Law to the elective office for the remainder, if any, of the elective term of office during which the elected official was so suspended or removed, and all pay and benefits shall be restored. Any elected official of the State, or of a county or of a municipal corporation who during the elected official’s term of office enters a guilty plea or a plea of nolo contendere to any crime which is a felony, or which is a misdemeanor related to the elected official’s public duties and responsibilities and involves moral turpitude for which the penalty may be incarceration in any penal institution, shall be removed from the elective office by operation of Law and the office shall be deemed vacant.

Credits

Acts 1974, c. 879, ratified Nov. 5, 1974; Acts 1977, c. 681, ratified Nov. 7, 1978; Acts 2012, c. 147, § 1, ratified Nov. 6, 2012.
MD Constitution, Art. 15, § 2, MD CONST Art. 15, § 2
Current through all legislation from the 2022 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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