Maryland Constitution Article XV, Sec. 2

Removal of elected official after a criminal conviction

  • Mayor Sheila Dixon and her lead attorney, Arnold M. Weiner, face the media after her conviction on a single charge of taking gift cards intended for the city's poor.
Mayor Sheila Dixon and her lead attorney, Arnold M. Weiner,… (Baltimore Sun photo by Algerina…)
December 01, 2009


Any elected official of the State, or of a county or of a municipal corporation who during his term of office is convicted of or enters a plea of nolo contendere to any crime which is a felony, or which is a misdemeanor related to his public duties and responsibilities and involves moral turpitude for which the penalty may be incarceration in any penal institution, shall be suspended by operation of law without pay or benefits from the elective office.

During and for the period of suspension of the elected official, the appropriate governing body and/ or official authorized by law to fill any vacancy in the elective office shall appoint a person to temporarily fill the elective office, provided that if the elective office is one for which automatic succession is provided by law, then in such event the person entitled to succeed to the office shall temporarily fill the elective office.

If the conviction becomes final, after judicial review or otherwise, such elected official shall be removed from the elective office by operation of Law and the office shall be deemed vacant. If the conviction of the elected official is reversed or overturned, the elected official shall be reinstated by operation of Law to the elective office for the remainder, if any, of the elective term of office during which he was so suspended or removed, and all pay and benefits shall be restored (originally Article XV, sec. 3, renumbered by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.

As sec. 3, it was amended by Chapter 879, Acts of 1974, ratified Nov. 5, 1974).

Baltimore Sun Articles
Please note the green-lined linked article text has been applied commercially without any involvement from our newsroom editors, reporters or any other editorial staff.