Section 17-109 - [Effective 1/1/2025] Filling vacancies; prohibited acts(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.(b)[As added by 2024 Md. Laws, Ch. 40,Sec. 1]
(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.(b)[As added by2024 Md. Laws, Ch. 40,Sec. 2]
(1) 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.(2) 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.(3) 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.(4) 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.(c)(1) 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.(2) An officer may not continue to serve more than 4 years after the end of the officer's term.(d)(1) 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:(i) be nominated for the same office at the same session, unless requested by the Senate;(ii) be appointed to the same office during the recess of the Senate; or(iii) 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.(2) Paragraph (1) of this subsection applies only if: (i) 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;(ii) 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; (iii) 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(iv) the individual is rejected by the Senate .(e) An individual who is prohibited from continuing to serve in an office under subsection (d) 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.(f) 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 (d) 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.(g)(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.(h) 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.Amended by 2024 Md. Laws, Ch. 40,Sec. 2, eff. 1/1/2025.Amended by 2024 Md. Laws, Ch. 40,Sec. 1, eff. 4/9/2024.Added by 2018 Md. Laws, Ch. 16, Sec. 1, eff. 4/5/2018.This section is set out more than once due to postponed, multiple, or conflicting amendments.