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: is a collector, receiver, or holder of public money; is charged on the books of the State a sum due to the State; and has failed to account fairly for the public money with the Treasury of the State.

An ineligibility established under § 17-101 of this title: 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 shall be removed only for a future election or appointment.

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. 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.

Whenever a State’s Attorney for a county is informed that an individual has been commissioned in that county and that at the time of the election or appointment of the individual to office the individual was in default to the Treasury of the State for not accounting for and paying over to the Treasury of the State any money, the State’s Attorney shall request the State Comptroller to provide a statement of the account of the individual. If the Comptroller certifies that the individual is in default, the State’s Attorney shall initiate the mandamus proceeding authorized by § 17-103 of this title. A State’s Attorney who fails to comply with this section is guilty of a misdemeanor and on conviction shall be removed from office.

Nothing in this title invalidates an act done by an officer within the scope of the officer’s authority as long as the commission is unannulled.

A postmaster, a deputy of a postmaster, a United States marshal, or a deputy of a United States marshal may not hold any State office or exercise any function of any officer of the State. An individual who violates subsection (a) of this section is subject to a fine of $50 for each offense, to be recovered by an indictment in the circuit court for the county where the individual commits the offense.

A sheriff, constable, or collector of taxes may not, while in office, purchase any debt or claim held by or due from any individual who resides in the county where the sheriff, constable, or collector of taxes holds office. An individual who violates subsection (a) of this section is subject to a fine of $50 for each offense.

This section does not affect an appointment: of an officer who requires special knowledge or training; or to an office that requires expert knowledge or training. An individual may not be appointed to any office in the State unless the individual has been a bona fide resident of the State for at least 12 months before the day of the individual’s appointment. A State or county official may not appoint an individual unless the individual has been a bona fide resident of the State for at least 12 months and of the county in which the individual is appointed for at least 6 months before the day of the individual’s appointment.

This section applies: 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 regardless of whether a salary or any other compensation is provided to the holder of the office. If the term of an office subject to the requirements of this section will end during the next upcoming recess of the Senate, the Governor shall submit a nomination to the Senate to fill the office within 40 days from the commencement of the regular session of the Legislature. If the Governor becomes aware that the term of an office subject to the requirements of this section will end during the next upcoming recess of the Senate more than 40 days after the commencement of the regular session of the Legislature but before the Legislature adjourns Sine Die, the Governor may submit a nomination to the Senate to fill the office only if the Senate consents to examine the nominee, subject to its rules. An individual nominated more than 40 days after the commencement of the regular session of the Legislature but before the Legislature adjourns Sine Die is not eligible for confirmation if there is an incumbent in the office unless the Senate consents to examine the nominee, subject to its rules. Subject to § 2–201 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. Subject to paragraph (2) of this subsection, at the end of a term, an officer continues to serve until a successor is appointed and qualifies. An officer may not continue to serve more than 4 years after the end of the officer’s term. Subject to paragraph (2) of this subsection, 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. Paragraph (1) of this subsection applies only if: the Governor withdrew the nomination or the individual withdrew the individual’s nomination during the regular session of the Senate at which the nomination was made; 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 appointed as a recess appointment to the office by the Governor; 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 the individual is rejected by the Senate. An individual who is prohibited from continuing to serve in an office under subsection (d) of this section may not: carry out the responsibilities of the office in any capacity; or make representations that the individual: serves in the office in any capacity; or is legally authorized to carry out the responsibilities of the office in any capacity. If the holder is in an office on a public body for which no salary is provided: 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 (d) of this section may not be counted; and the presence of an individual described in item (1) of this subsection may not be counted for purposes of a quorum. 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. An individual may not continue to serve in an acting capacity after the adjournment of a regular session of the Senate if: the individual was serving in the acting capacity before the start of the regular session; and the individual was not nominated to fill the vacancy in the office during that regular session. 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.