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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 8   View pdf image
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or any other thing, to induce any voter to re-
frain from casting his vote, or forcibly to pre-
vent him in any way from voting, or to ob-
tain or procure a vote for any candidate or
person proposed or voted for, as elector of
President and Vice-President of the United
States, or representative in Congress, or for
any office of profit or trust created by the
Constitution or laws of this State, or by the
ordinances or authority of the mayor and
city council of Baltimore, the person giving
or offering to give, and the person receiving
the same, and any person who gives or causes
to be given an illegal vote, knowing it to be
so, at any election to be hereafter held in this
State, shall, on conviction in a court of law,
in addition to the penalties now Or hereafter
to be imposed by law, be forever disqualified
to hold any office of profit or trust, or to vote
at any election thereafter,
SEC. 3. It shall be the duty of the general
assembly of Maryland to pass laws to punish
with fine and imprisonment any person who
shall remove into any election district or ward
of the city of Baltimore, not for the purpose
of acquiring a bona fide residence therein, bat
for the purpose of voting therein at an ap-
proaching election, or who shall vote in any
election district or ward in which he does not
reside, (except in the case provided for in the
first article of the Constitution,) or shall, at
the same election, vote in more than one elec-
tion district or ward, or shall vote or offer to
vote, ill any name not his own, or in place of
any other person of the same name, or shall
vote in any county in which he docs not
SEC. 4. Every person elected or appointed
to any office of profit or trust under the Con-
stitution or laws made pursuant thereto, be-
fore he shall enter upon the duties of such
office shall take and subscribe the following
oath or affirmation: I, A. B., do swear (or
affirm, as the case may be,) that I will sup-
port the Constitution of the United States,
and that I will be faithful and bear true alle-
giance to the State of Maryland, and support
the Constitution and laws thereof; that I will
to the best of my skill and judgment diligently
and faithfully, without partiality or prejudice,
execute the office of according to the
Constitution and laws of this State, and that
since the adoption of the present Constitution,
I have not, in any manner, violated the pro-
visions thereof in relation to bribery of voters
or preventing legal or procuring illegal votes
to be given; (and if a governor, senator,
inember of the house of delegates, or judge,)
"that I will not directly or indirectly receive
the profits or any part of the profits of any
other office during the time of my acting as
." And if any person elected crap-
pointed to office as aforesaid, shall refuse or
neglect to take the said oath or affirmation,
he shall be considered as having refused to
accept the said office, and a new election or
appointment shall be made as in case of re-
fusal or resignation, and any person swearing
or affirming falsely in the premises, shall, on
conviction thereof in a court of law, incur the
penalties for wilful and corrupt perjury, and
be thereafter incapable of voting at any elec-
tion, and also incapable of holding any office
of profit or trust in this State.
SEC. 5. That no person above the age of
twenty-one years, convicted of larceny or
other infamous crime, unless he shall .be par-
doned by the executive, shall ever thereafter
be entitled to vote at any election in this
State, and no person under guardianship as a
lunatic, or as a person non compos mentis,
shall be entitled to vote.
SECTION 1. The executive power of the
State shall be vested in a Governor, whose
term of office shall commence on the second
Wednesday of January next ensuing his elec-
tion, and continue for four years, and until
his successor shall have qualified.
SEC. 2. The first election for Governor un-
der this Constitution shall be held on the first
Wednesday of November, in the year eighteen
hundred and fifty-three, and on the same day
and month in every fourth year thereafter, at
the places of voting for delegates to the general
assembly, and every person qualified to vote
for delegates shall be qualified and entitled to
vote for Governor; the election to be held in
the same manner as the election of delegates,
and the returns thereof, under seal, to be ad-
dressed to the speaker of the house of dele-
gates, and enclosed and transmitted to the
Secretary of State, and delivered to the said
speaker at the commencement of the session of
the legislature next ensuing said election.
SEC. 3. The speaker of the house of dele-
gates shall then open the said returns in the
presence of both houses, and the person hav-
ing the highest number of votes, and being
constitutionally eligible, shall be the Govern-
or, and shall qualify in the manner herein
prescribed, on the second Wednesday of Janu-
ary next ensuing his election, or as soon there-
after as may be practicable.
SEC. 4. If two or more persons shall have
the highest and an equal number of votes, one
of them shall be chosen Governor by the sen-
ate and house of delegates; and all questions
in relation to the eligibility of Governor, and
to the returns of said election, and 'to the
number and legality of votes therein given,
shall be determined by the house of delegates.
And if the person, or persons, having the
highest number of votes be ineligible, the
Governor shall be chosen by the senate and
house of delegates. Every election of Gov-
ernor, by the legislature, shall be determined
by ajoint majority of the senate and house of
delegates, and the vote shall be taken viva
voce. But if two or more persons shall have

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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 8   View pdf image
 Jump to  

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