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CONSTITUTION OF 1867
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PROPOSED CONSTITUTION OF 1968
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ARTICLE XI-A. LOCAL LEGISLATION.
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Section 1. On demand of the Mayor of
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See Section 3.22, General Application of
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Baltimore and City Council of the City of
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Laws, p. 31, for prohibition of the passage
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Baltimore, or on petition bearing the sig-
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of local laws by the General Assembly.
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natures of not less than 20% of the registered
voters of said city or any county (Pro-
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Section 7.01. Establishment of Counties.
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vided, however, that in any case 10,000
signatures shall be sufficient to complete
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County shall mean Baltimore City, each of
the twenty- three existing counties, and other
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a petition), the Board of Election Super-
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counties established pursuant to this Consti-
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visors of said city or county shall provide
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tution. The General Assembly may provide
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at the next general or congressional election,
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by law for the establishment, merger, or dis-
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occurring after such demand or the filing
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solution of counties, *or for the alteration of
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of such petition, for the election of a charter
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their boundaries. No such law shall become
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board of eleven registered voters of said
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effective until submitted to the voters of
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city or five registered voters in any such
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each county affected and approved by a ma-
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counties. Nominations for members for
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jority of those voting on the question in
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said charter board may be made not less
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each county affected.
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than forty days prior to said election by the
Mayor of Baltimore and City Council of the
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Section 7.02. Structure of County Govern-
ments.
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City of Baltimore of the County Commis-
sioners of such county, or not less than
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Each county shall have a written instru-
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twenty days prior to said election by
petition bearing the signatures written in
their own handwriting (and not by their
mark) of not less than 5% of the registered
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ment of government which establishes its
governmental structure. An instrument of
government shall be submitted to the voters
of the county and shall be adopted only if
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voters of the said City of Baltimore or said
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approved by a majority of those voting on
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county; provided, that in any case two
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the proposal.
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thousand signatures of registered voters shall
be sufficient to complete any such nominat-
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Section 7.03. Change of Structure of County
Governments.
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ing petition, and if not more than eleven
registered voters of the City of Baltimore
or not more than five registered voters in
any such county are so nominated their
names shall not be printed on the ballot, but
said eleven registered voters in the City of
Baltimore or five in such county shall con-
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An amendment to an instrument of gov-
ernment may be proposed to the voters of a
county by its governing body or by petition
of the voters in the county as prescribed in
the instrument of government. An amend-
ment also may be proposed by other means
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stitute said charter board from and after
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prescribed either in the instrument of gov-
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the date of said election. At said election
the ballot shall contain the names of said
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ernment or by the General Assembly by law.
An amendment shall be adopted only if ap-
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nominees in alphabetical order without any
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proved by a majority of those voting on the
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indication of the source of their nomination,
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proposal.
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and shall also be so arranged as to permit
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Section 7.04. Powers of Counties.
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the voter to vote for or against the creation
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of said charter board, but the vote cast
against said creation shall not be held to
bar the voter from expressing his choice
among the nominees for said board, and if
the majority of the votes cast for and
against the creation of said charter board
shall be against said creation the election
of the members of said charter board shall
be void; but if such majority shall be in
favor of the creation of said charter board,
then and in that event the eleven nominees
of the City of Baltimore or five nominees
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A county may exercise any power, other
than the judicial power, or perform any
function unless that power or function has
been denied to the county by the Constitu-
tion or by its instrument of government, or
has been transferred exclusively to another
governmental unit, or has been denied to the
county by the General Assembly by law. A
county may exercise only those taxing powers
granted to it by the General Assembly by
law but shall retain taxing powers granted to
it prior to the effective date of this Constitu-
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in the county receiving the largest number
of votes shall constitute the charter board,
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tion, unless any of those powers are subse-
quently denied to it by law.
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and said charter board, or a majority
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