Home Table of Contents

§ 2-304. Rights or obligations of citizens not affected by State employment

West's Annotated Code of MarylandState Personnel and Pensions

West's Annotated Code of Maryland
State Personnel and Pensions (Refs & Annos)
Division I. State Personnel [Titles 1-19]
Title 2. State Employment Generally
Subtitle 3. State Employment Policies (Refs & Annos)
MD Code, State Personnel and Pensions, § 2-304
§ 2-304. Rights or obligations of citizens not affected by State employment
In general
(a)(1) Employment by the State does not affect any right or obligation of a citizen under the Constitution and laws of the United States or under the Constitution and laws of the State.
(2) Except as otherwise provided in this section or by federal law, a State employee:
(i) may freely participate in any political activity and express any political opinion; and
(ii) may not be required to provide any political service.
Construction with other restrictions
(b) Notwithstanding any other law of the State effective on or before June 30, 1973, the restrictions imposed by subsection (c) of this section are the only restrictions on the political activities of an employee, except for:
(1) the restrictions imposed on employees of a local board of elections by § 2-301 of the Election Law Article; and
(2) the restrictions imposed on employees of the Department of Legislative Services by guidelines adopted under § 2-1205 of the State Government Article.
Restrictions on political activities
(c) An employee may not:
(1) engage in political activity while on the job during working hours; or
(2) advocate the overthrow of the government by unconstitutional or violent means.
Political contributions
(d)(1) In this subsection, “political contribution” means a contribution as defined in § 1-101 of the Election Law Article.
(2) A public official or an employee of the State may not require any State employee to make a political contribution.

Credits

Added by Acts 1993, c. 10, § 2, eff. Oct. 1, 1993. Amended by Acts 1993, c. 20, § 1, eff. Oct. 1, 1993. Renumbered from State Personnel and Pensions §§ 3-202 to 3-206 and amended by Acts 1996, c. 347, § 1, eff. Oct. 1, 1996. Amended by Acts 1997, c. 635, § 9, eff. July 1, 1997; Acts 1997, c. 636, § 9, eff. July 1, 1997; Acts 1998, c. 585, § 3, eff. Jan. 1, 1999; Acts 2002, c. 303, § 2, eff. Jan. 1, 2003; Acts 2003, c. 21, § 1, eff. April 8, 2003.
Formerly Art. 33, §§ 28-1, 28-2; Art. 41, § 1-302.
MD Code, State Personnel and Pensions, § 2-304, MD ST PERS & PENS § 2-304
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document