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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 771   View pdf image (33K)
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CONSTITUTIONAL REVISION STUDY DOCUMENTS [LEGISLATIVE BRANCH]
COMPARISON
Headnotes Present
Constitution
Constitution of
1867
Constitution of
1864
Constitution of
1851
Constitution of
1776
Amendments to
1776 Constitution

 
 

writing, within thirty days
after the occurrence of the
vacancy, by the State Cen-
tral Committee of the politi-
cal party with which the
Delegate or Senator, so
vacating, had been affiliated
in the County or District
from which he or she was
elected, provided that the
appointee shall be of the
same political party as the
person whose office is to be
filled; and it shall be the
duty of the Governor to
make said appointment with-
in fifteen days after the
submission thereof to him.
If a name is not submitted
by the State Central Com-
mittee within thirty days
after the occurrence of the
vacancy the Governor within
another period of fifteen
days shall appoint a person,
who shall be of the same
political party as the person
whose office is to be filled,
and who is otherwise prop-
erly qualified to hold the
office of Delegate or Senator
in the District or County.
In the event there is no State
Central Committee in the
County or District from
which said vacancy is to be
filled, the Governor shall
within fifteen days after the
occurrence of such vacancy
appoint a person who is
otherwise properly qualified
to hold the office of Delegate
or Senator in such District
or County. In every case
when any person is so ap-
pointed by the Governor, his
appointment shall be deemed
to be for the unexpired term
of the person whose office
has become vacant.
(b) In addition, and in
submitting a name to the
Governor to fill a vacancy
in a Senatorial district or

the ca'e may be, for the
election of another person
in his place, of which elec-
tion, not less than ten days
notice shall be given, exclu-
sive of the day of the publi-
cation of the notice, and of
the day of election; and, if
during the recess of the
Legislature, and more than
ten days before its termina-
tion, such death shall occur,
or such resignation, refusal
to act, or disqualification be
communicated, in writing to
the Governor by the person,
so resigning, refusing, or dis-
qualified, it shall be the duty
of the Governor to issue a
warrant of election to supply
the vacancy thus created, in
the same manner, the said
Speaker, or President, might
have done, during the session
of the General Assembly;
provided, however, that un-
less a meeting of the General
Assembly may intervene the
election, thus ordered to fill
such vacancy, shall be held
on the day of the ensuing
electipn for Delegates and
Senators.

the Senate, as the case may
be, for the election of an-
other person in his place, of
which election 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
resignation or refusal to act,
being communicated in writ-
ing to the Governor, by the
person so resigning or refus-
ing to act, or if such death
occur during the legislative
recess, and more than ten
days before its termination,
it shall be the duty of the
Governor to issue a warrant
of election to supply the va-
cancy thus created, in the
same manner the said Speak-
er or President might have
done during the session of
the General Assembly; pro-
vided, however,
that unless
a meeting of the General As-
sembly may intervene, the
election thus ordered to fill
such vacancy shall be held
on the day of the ensuing
election for Delegates and
Senators.

election of another person in
his place, of which election,
not less than ten days notice
shall be given, exclusive ol
the day of publication of the
notice and of the day of
election; and in case of such
resignation or refusal to act,
being communicated in writ-
ing, to the Governor, by the
person making it, or if such
death occur during the leg-
islative recess and more than
ten days before its termina-
tion, it shall be the duty of
the Governor to issue a war-
rant of election to supply the
vacancy thus created in the
I same manner that the said
Speaker or President might
have done during the session
of the Legislature; provided,
however, that unless a meet-
ing of the General Assembly
may intervene, the election
thus ordered to fill such va-
cancy shall be held on the
day of the ensuing election
for delegates and senators.

19. That in case of re
fusal, death, resignation, dis
qualification, or removal out
of this state, of any senator
or on his becoming governor
or a member of the council
the senate shall immediately
thereupon, or at their next
meeting thereafter, elect by
ballot, in the same manner
as the electors are above di-
rected, to chuse senators, an-
other person in his place, for
the residue of the said term
of five years.

of Baltimore, a warrant of
election shall be issued by
the President of the Senate
for the time being, for the
election of a Senator to
supply the vacancy, of which
ten days notice at the least
[excluding the day of notice
and the day of election]
shall be given.
Proposed by Act of 1840,
chapter 230. Ratified 1841. Sec. 1. Upon the resigna-
tion of a Senator during the
recess of the Senate, com-
municated in writing to the
Governor, or upon the death
of any Senator during the
recess, it shall be the duty
of the Governor to issue a
warrant of election, to
supply vacancies thus cre-
ated in the same manner as
the President of the Senate
for the time being is au-
thorized to do, in virtue of
an act to amend the constitu-
tion and form of govern-
ment of the State of Mary-
land, Chapter 197, passed at
December session, eighteen
hundred and thirty six, and
confirmed December session,
eighteen hundred and thirty
seven. Sec. 2. In all cases of
resignation or death as
aforesaid the elections to
supply the vacancies shall
take place at the time and
jlaces of the annual election
of delegates, unless such
resignation or death shall
occur between the first day
of September and the meet-
ng of the General Assembly
n any year, in which event,
elections shall be held at
uch time, as shall be di-
ected by the Governor, with
uch notice as is provided by

770

 
 

 
 

 
 

 
 

 
 

771

 

 
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Constitutional Revision Study Documents of the Constitutional Convention Commission, 1968
Volume 138, Page 771   View pdf image (33K)
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