Section 5-101 - Position; appointment.
§ 5-101. Position; appointment.
(a) Position.- There is a Treasurer of the State, as provided in Article VI, § 1 of the Maryland Constitution.
(b) Selection committee.-
(1) The General Assembly may designate a committee to consider the qualifications of the candidates and procedures for the casting of ballots for the appointment.
(2) A committee designated under this subsection shall consist of an equal number of Senators and Delegates.
(3) The President and the Speaker shall each designate a cochairman of the committee.
(4) At least 7 days prior to the public hearing, staff shall advertise the position in newspapers of general circulation in the State.
(5) The committee shall conduct a public meeting at which time candidates for the Office of Treasurer shall present themselves.
(6) The committee shall determine its procedures which shall include a secret ballot, limited to the members present and voting, to determine its nominee.
(c) Duties of the committee.- If the General Assembly designates a committee under subsection (b) of this section, the committee shall report to the General Assembly on the qualifications of the candidates for the Office of Treasurer and recommend one of the candidates to the General Assembly for the appointment as Treasurer.
(d) Appointment.-
(1) During the first session following the election of new members to the General Assembly, the General Assembly shall meet in joint session to appoint the Treasurer.
(2) If the General Assembly does not appoint someone to the Office of Treasurer at the time of its first joint session to consider the appointment of a Treasurer, the General Assembly shall continue to meet in joint session on a daily basis until a Treasurer is appointed.
(e) Voting.-
(1) The appointment of the Treasurer by the General Assembly shall be determined by a majority of the membership present and voting of the Senate and the House, sitting jointly.
(2) Each member of the General Assembly shall have 1 vote.
(3) (i) The name of each person who applies shall be placed on the ballot that is distributed at the joint session and the ballot shall contain a place for a write-in candidate. A candidate may withdraw his or her name at any time.
(ii) Before ballots are distributed, the Reading Clerk shall read the letter of recommendation, if any, from the joint committee for which provision is made in subsection (c) of this section. Once read, the joint session shall immediately proceed with the balloting. Nominating speeches may not be made from the floor.
(iii) The casting of ballots for the appointment of the Treasurer shall be by secret ballot.
(iv) Ballots shall be distributed by representatives of the Office of the Secretary of the Senate and of the Chief Clerk of the House of Delegates. The Secretary of the Senate shall open each ballot and hand it to the Chief Clerk of the House, who shall announce for whom the vote is cast.
(v) The counting of ballots shall be observed by:
1. the Majority Leader of the Senate;
2. the Minority Leader of the Senate;
3. the Majority Leader of the House of Delegates;
4. the Minority Leader of the House of Delegates; and
5. any other member of either chamber so designated by the President of the Senate or the Speaker of the House.
(4) The Rules of the House of Delegates, as adopted for the session at which the State Treasurer is appointed, shall govern the proceedings of the joint session or sessions. The members of the General Assembly, sitting jointly, shall determine any other procedure necessary for the casting of ballots for the appointment of the Treasurer.
(f) Staffing.- Staff to the joint committee shall be provided by the Department of Legislative Services.
[1984, ch. 284, § 1; 1991, ch. 319; 1995, ch. 440; 1997, ch. 635, § 9; ch. 636, § 9.]