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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 457   View pdf image (33K)
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THE CONSTITUTION OF 1864
Sec. 6. The first election for Senators
and Delegates shall take place on the
Tuesday next after the first Monday in
the month of November, eighteen hun-
dred and sixty-four; and the elections
for Delegates, and as nearly as prac-
ticable for one-half of the Senators, shall
be held on the same day in every second
year thereafter. Sec. 7. Immediately after the Senate
shall have convened after the first elec-
tion under this Constitution, the Sena-
tors shall be divided by lot into two
classes, as nearly equal in number as
may be — Senators of the first class shall
go out of office at the expiration of two
years, and Senators shall be elected on
the Tuesday next after the first Monday
in the month of November, eighteen
hundred and sixty-six, for the term of
four years, to supply their places; so that
after the first election, one-half of the
Senators may be chosen every second
year. In case the number of Senators be
hereinafter increased, such classification
of the additional Senators shall be made
as to preserve, as nearly as may be, an
equal number in each class. Sec. 8. No person shall be eligible as
a Senator or Delegate who, at the time
of his election, is not a citizen of the
United States, and who has not resided
at least three years next preceding the
day of his election in this State, and the
last year thereof in the county or in the
legislative district of Baltimore city
which he may be chosen to represent, if
such county or legislative district of said
city shall have been so long established,
and if not, then in the county or city
from which, in whole or in part, the
same may have been formed; nor shall
any person be eligible as a Senator un-
less he shall have attained the age of
twenty-five years, nor as a Delegate un-
less he shall have attained the age of

twenty-one years at the time of his elec-
tion. Sec. 9. No member of Congress, or
person holding any civil or military
office under the United States, shall be
eligible as a Senator or Delegate; and
if any person shall, after his election as
a Senator or Delegate, be elected to Con-
gress, or be appointed to any office, civil
or military, under the Government of
the United States, his acceptance there-
of shall vacate his seat. Sec. 10. No person holding any civil
office of profit or trust under this State,
except Justices of the Peace, shall be
eligible to the office of Senator or
Delegate. Sec. 11. No collector, receiver or
holder of public moneys, shall be eligible
as Senator or Delegate, or to any office
of profit or trust under this State, until
he shall have accounted for and paid
into the Treasury all sums on the books
thereof charged to and due by him.
Sec, 12. In case of death, disquali-
fication, resignation, refusal to act, ex-
pulsion, or removal from the county or
legislative district of Baltimore city for
which he shall have been elected, of any
person who shall have been chosen as a
Delegate or Senator, or in case of a tie
between two or more such qualified per-
sons, a warrant of election shall be
issued by the Speaker of the House of
Delegates or President of the Senate, as
the case may be, for the election of an-
other person in his place, of which elec-
tion not less than ten days' notice shall
be given, exclusive of the day of the
publication of the notice and of the day
of election; and in case of such resig-
nation or refusal to act, being commu-
nicated in writing to the Governor, by
the person so resigning or refusing to
act, or if such death occur during the
457

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 457   View pdf image (33K)
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