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<section article="gsg" article_name="State Government" number="17-109" title_number="17" title_name="Officers" subtitle_number="1">
  <level label="a">
    <text>This section applies:</text>
    <level label="1">
      <text>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</text>
    </level>
    <level label="2">
      <text>regardless of whether a salary or any other compensation is provided to the holder of the office.</text>
    </level>
  </level>
  <level label="b">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>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.</text>
    </level>
    <level label="3">
      <text>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.</text>
    </level>
    <level label="4">
      <text>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.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>An officer may not continue to serve more than 4 years after the end of the officer’s term.</text>
    </level>
  </level>
  <level label="d">
    <level label="1">
      <text>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:</text>
      <level label="i">
        <text>be nominated for the same office at the same session, unless requested by the Senate;</text>
      </level>
      <level label="ii">
        <text>be appointed to the same office during the recess of the Senate; or</text>
      </level>
      <level label="iii">
        <text>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.</text>
      </level>
    </level>
    <level label="2">
      <text>Paragraph (1) of this subsection applies only if:</text>
      <level label="i">
        <text>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;</text>
      </level>
      <level label="ii">
        <text>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;</text>
      </level>
      <level label="iii">
        <text>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</text>
      </level>
      <level label="iv">
        <text>the individual is rejected by the Senate.</text>
      </level>
    </level>
  </level>
  <level label="e">
    <text>An individual who is prohibited from continuing to serve in an office under subsection (d) of this section may not:</text>
    <level label="1">
      <text>carry out the responsibilities of the office in any capacity; or</text>
    </level>
    <level label="2">
      <text>make representations that the individual:</text>
      <level label="i">
        <text>serves in the office in any capacity; or</text>
      </level>
      <level label="ii">
        <text>is legally authorized to carry out the responsibilities of the office in any capacity.</text>
      </level>
    </level>
  </level>
  <level label="f">
    <text>If the holder is in an office on a public body for which no salary is provided:</text>
    <level label="1">
      <text>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</text>
    </level>
    <level label="2">
      <text>the presence of an individual described in item (1) of this subsection may not be counted for purposes of a quorum.</text>
    </level>
  </level>
  <level label="g">
    <level label="1">
      <text>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.</text>
    </level>
    <level label="2">
      <text>An individual may not continue to serve in an acting capacity after the adjournment of a regular session of the Senate if:</text>
      <level label="i">
        <text>the individual was serving in the acting capacity before the start of the regular session; and</text>
      </level>
      <level label="ii">
        <text>the individual was not nominated to fill the vacancy in the office during that regular session.</text>
      </level>
    </level>
  </level>
  <level label="h">
    <text>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.</text>
  </level>
</section>
