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§ 17-109. State office vacancy; positions requiring advice and consent of Senate

West's Annotated Code of MarylandState GovernmentEffective: April 9, 2024 to December 31, 2024

West's Annotated Code of Maryland
State Government (Refs & Annos)
Title 17. Officers (Refs & Annos)
Effective: April 9, 2024 to December 31, 2024
MD Code, State Government, § 17-109
§ 17-109. State office vacancy; positions requiring advice and consent of Senate
Currentness
<Section effective until Jan. 1, 2025. See, also, section 17-109 effective Jan. 1, 2025.>
Applicability
(a) This section applies:
(1) only to an office for which an appointment to fill a vacancy is required to be made with the advice and consent of the Senate; and
(2) regardless of whether a salary or any other compensation is provided to the holder of the office.
Appointments during recess for certain boards
(b)(1) Subject to § 2-101 of the Election Law Article, the Governor may appoint an individual to be a member of the State Board of Elections during the recess of the Senate regardless of whether the term of office of the member will end during the next upcoming recess.
(2) Subject to § 5-402 of the Education Article, the Governor may appoint an individual to be a member of the Accountability and Implementation Board during the recess of the Senate regardless of whether the term of office of the member will end during the next upcoming recess.
Limitations on nominations; prohibition on continued service
(c) An individual who was appointed to fill a vacancy in an office during the recess of the Senate or who was nominated to fill a vacancy in an office during a regular session of the Senate may not be nominated for the same office at the same session, unless requested by the Senate, be appointed to the same office during the recess of the Senate, or continue to serve in the office or be designated to serve in an acting capacity for the same office after the adjournment of the regular session of the Senate at which the nomination was made, if:
(1) the Governor withdrew the nomination during the regular session of the Senate at which the nomination was made;
(2) the Senate failed to act on the nomination before the Senate adjourned the regular session of the Senate at which the nomination was made and the individual was not reappointed to the office by the Governor;
(3) the individual withdrew the individual's nomination;
(4) the Governor fails to make the nomination on the first day of the regular session of the Senate if required under Article II, § 11 of the Maryland Constitution; or
(5) the individual is not confirmed by the Senate and is designated by the Governor to fill the vacancy in an acting capacity.
Prohibited actions by individual prohibited from continuing to serve
(d) An individual who is prohibited from continuing to serve in an office under subsection (c) of this section may not:
(1) carry out the responsibilities of the office in any capacity; or
(2) make representations that the individual:
(i) serves in the office in any capacity; or
(ii) is legally authorized to carry out the responsibilities of the office in any capacity.
Votes cast by individual prohibited from continuing to serve; quorum
(e) If the holder is in an office on a public body for which no salary is provided:
(1) any votes cast by an individual who, at the time the vote is conducted by the public body, is prohibited from continuing to serve in the office under subsection (c) of this section may not be counted; and
(2) the presence of an individual described in item (1) of this subsection may not be counted for purposes of a quorum.
Time limitation for serving in an acting capacity; continuance of service after adjournment
(f)(1) Subject to paragraph (2) of this subsection, an individual who is designated to serve in an acting capacity to fill a vacancy in an office for which an appointment is required to be made with the advice and consent of the Senate may not serve in the office for more than 275 days after the date the designation was made.
(2) An individual may not continue to serve in an acting capacity after the adjournment of a regular session of the Senate if:
(i) the individual was serving in the acting capacity before the start of the regular session; and
(ii) the individual was not nominated to fill the vacancy in the office during that regular session.
Penalty for violation of section
(g) An individual who violates this section may not receive any compensation, including a salary or reimbursement for expenses out of the State budget, related to serving in the office or carrying out the responsibilities of the office.

Credits

Added by Acts 2018, c. 16, § 1, eff. April 5, 2018. Amended by Acts 2024, c. 40, § 1, eff. April 9, 2024.
MD Code, State Government, § 17-109, MD STATE GOVT § 17-109
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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