of votes, 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 num-
ber 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 Legis-
lature, 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 and 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 votes should again be equal,
then the election of Governor shall be
determined by lot between those who
shall have the highest and an equal
number on the first vote.
Sec. 5. The State shall be divided
into three districts; St. Mary's, Charles,
Calvert, Prince George's, Anne Arundel,
Montgomery, and Howard counties, and
the city of Baltimore, to be the first;
the eight counties of the Eastern Shore
to be the second; and Baltimore, Har-
ford, Frederick, Washington, Allegany
and Carroll counties, to be the third.
The Governor, elected from the third
district in October last, shall continue in
office during the term for which he was
elected. The Governor shall be taken
from the first district, at the first election
of Governor under this Constitution;
from the second district at the second
election, and from the third district at
the third election, and in like manner,
afterwards, from each district, in regu-
lar succession.
Sec. 6. A person to be eligible to the
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office of Governor, must have attained
the age of thirty years, and been for five
years a citizen of the United States, and
for five years next preceding his election
a resident of the State, and for three
years a resident of the district from
which he was elected.
Sec 7. In case of the death or resig-
nation of the Governor, or of his removal
from the State, the General Assembly,
if in session, or if not, at their next ses-
sion, shall elect some other qualified resi-
dent of the same district, to be the Gov-
ernor for the residue of the term for
which the said Governor had been
elected.
Sec. 8. In case of any vacancy in the
office of Governor during the recess of
the Legislature, the President of the Sen-
ate shall discharge the duties of said
office till a Governor is elected as herein
provided for; and in case of the death
or resignation of said President, or of
his removal from the State, or of his
refusal to serve, then the duties of said
office shall, in like manner, and for the
same interval, devolve upon the Speaker
of the House of Delegates, and the Leg-
islature may provide by law for the case
of impeachment or inability of the Gov-
ernor, and declare what person shall per-
form the executive duties during such
impeachment or inability; and for any
vacancy in said office, not herein pro-
vided for, provision may be made by law,
and if such vacancy should occur with-
out such provision being made, the Leg-
islature shall be convened by the Secre-
tary of State for the purpose of filling
said vacancy.
Sec. 9. The Governor shall be
commander-in-chief of the land and
naval forces of the State, and may call
out the militia to repel invasions, sup-
press insurrections, and enforce the ex-
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