24

MARYLAND MANUAL. [ART. II.

election under this Constitution shall not enter upon the
discharge of the duties of the office until the expiration of
the term for which the present incumbent was elected;
unless the said office shall become vacant by death, resigna-
tion, removal from the State, or other disqualification of the
said incumbent.

Miles v. Bradford, 22 Md., 183.

Time, place
and manner
of electing
Governor.

SEC. 2. An election for Governor, under this Constitu-
tion, shall be held on the Tuesday next after the first Mon-
day of November, in the year eighteen hundred and sixty-
seven, and on the same day and month in every fourth year
thereafter, at the places of voting for delegates to the Gen-
eral Assembly; and every person qualified to vote for Dele-
gates 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 addressed
to the Speaker of the House of Delegates, and enclosed and
transmitted to the Secretary of State, and delivered to said
Speaker, at the commencement of the session of the General
Assembly next ensuing said election.

Pulurality to
elect.

SEC. 3. The Speaker of the House of Delegates shall then
open the said returns in the presence of both Houses; and
the person having the highest number of votes, and being
constitutionally eligible, shall be the Governor, and shall
qualify, in the manner herein prescribed, on the second Wed-
nesday of January next ensuing his election, or as soon
thereafter as may be practicable.

Tie vote.

House to de-
cide all Ques-
tions.

SEC. 4. If two or more persons shall have the highest and
an equal number of votes for Governor, one of them shall be
chosen Governor by the Senate 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
Governor by the General Assembly shall be determined by a
joint majority of the Senate and House of Delegates, and the
vote shall be taken viva voce. But if two or more persons
shall have the highest arid an equal number of votes, then a
second vote shall be taken, which shall be confined to the
persons having an equal number; and if the vote should
again be equal, then the election of Governor shall be deter-
mined by lot between those who shall have the highest and
an equal number on the first vote.