§ 2-101. In general

   (a) Membership. -- There is a State Board of Elections consisting of five members.

(b) Office; staff. -- The State Board shall maintain its principal office in Annapolis and have staff, subject to the State Personnel and Pensions Article, as provided in the State budget.

(c) Appointment. --

   (1) Each member of the State Board shall:

      (i) subject to subsection (g)(2) of this section, be appointed by the Governor in accordance with paragraph (2) of this subsection, with the advice and consent of the Senate of Maryland;

      (ii) be a registered voter in the State for the 5 years immediately preceding the appointment;

      (iii) subject to subsection (f)(3) of this section, be eligible for reappointment;

      (iv) conform to the restrictions specified under § 2-301 of this title; and

      (v) be subject to removal by the Governor for incompetence, misconduct, or other good cause, upon written charges filed by the Governor with the State Board and after having been afforded notice and ample opportunity to be heard.

   (2) Subject to subsection (e) of this section, the Governor shall appoint as a member of the State Board an individual whose name is submitted to the Governor by the State Central Committee of the principal political party entitled to the appointment.

(d) Oath. -- Before taking office, each appointee to the State Board shall take the oath required by Article I, § 9 of the Maryland Constitution.

(e) Political party affiliation. --

   (1) Each member of the State Board shall be a member of one of the principal political parties.

   (2) A person may not be appointed to the State Board if the appointment will result in the State Board having more than three or fewer than two members of the same principal political party.

(f) Term. --

   (1) The term of a member is 4 years and begins on July 1.

   (2) The terms of the members are staggered as required by the terms provided for members of the State Board on July 1, 1999.

   (3) A member may not serve more than three consecutive terms.

   (4) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

(g) Vacancy. --

   (1) If a vacancy occurs on the State Board, it shall be filled for the remainder of the unexpired term and until a successor is appointed and qualifies.

   (2) An appointment made while the Senate of Maryland is not in session shall be considered temporary until the appointee is confirmed by the Senate.

(h) Chairman. -- Not later than August 1 each year, the State Board shall elect one of its members as chairman.

(i) Compensation. -- Each member shall receive:

   (1) per diem compensation as provided in the State budget for each day that the member is actually engaged in the discharge of official duties, as authorized by the State Board and in accordance with the State budget; and

   (2) reimbursement for all necessary and proper expenses, as provided in the State budget.

HISTORY: An. Code 1957, art. 33, § 2-101; 2002, ch. 291, § 2, 4; 2005, ch. 4.