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Maryland Manual, 1979-80
Volume 179, Page 799   View pdf image (33K)
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Article 11
determined by the House of Delegates; and if the
person having the highest number of votes for
Governor or for Lieutenant Governor or both of
them, be ineligible, a person or persons shall be
chosen by the Senate and House of Delegates in
place of the ineligible person or persons. Every
election of Governor or of Lieutenant Governor,
or both, by the General Assembly shall be deter-
mined by a joint majority of the Senate and
House of Delegates; and the vote shall be taken
viva voce. But if two or more sets of persons
shall have the highest and an equal number of
votes, then, a second vote shall be taken, which
shall be confined to the sets of persons having an
equal number; and if the vote should again be
equal, then the election of Governor and Lieuten-
ant Governor shall be determined by lot between
those sets, who shall have the highest and an
equal number on the first vote.
SEC. 5." A person to be eligible for the office
of Governor or Lieutenant Governor must have
attained the age of thirty years, and must have
been a resident and registered voter of the State
for five years next immediately preceding his elec-
tion.
SEC. 6." (a) If the Governor-elect is
disqualified, resigns, or dies, the Lieutenant Gov-
ernor-elect shall become Governor for the full
term. If the Governor-elect fails to assume office
for any other reason, the newly elected Lieuten-
ant Governor shall become Lieutenant Governor
and shall serve as acting Governor until the Gov-
ernor-elect assumes office or until the office
becomes vacant.
(b) The Lieutenant Governor shall serve as act-
ing Governor when notified in writing by the
Governor that the Governor will be temporarily
unable to perform the duties of his office. "The
Lieutenant Governor also shall serve as acting
Governor when the Governor is disabled but is
unable to communicate to the Lieutenant Gover-
nor the fact of his inability to perform the duties
of his office. In either event the Lieutenant Gov-
ernor shall serve as acting Governor until notified
in writing by the Governor that he is able to re-
sume the duties of his office or until the office
becomes vacant.
(c) The General Assembly, by the affirmative
vote of three-fifths of all its members in joint ses-
sion, may adopt a resolution declaring that the
" Thus amended by Chapter 532, Acts of 1970, ratified No.
vernber 3,1970.
" Thus amended by Chapter 532, Acts of 1970, ratified N»
vernber 3,1970.

Constitution of Maryland/799
Governor or Lieutenant Governor is unable by
reason of physical or mental disability to perform
the duties of his office. When action is undertak-
en pursuant to this subsection of the Constitu-
tion, the officer who concludes that the other offi-
cer is unable, by reason of disability to perform
the duties of his office shall have the power to
call the General Assembly into Joint Session. The
resolution, if adopted, shall be delivered to the
Court of Appeals, which then shall have cAdusive
jurisdiction to determine whether that officer is
unable by reason of the disability to perform the
duties of his office. If the Court of Appeals
determines that such officer is unable to discharge
the duties of his office by reason of a permanent
disability, the office shall be vacant. If the Court
of Appeals determines that such officer is unable
to discharge the duties of his office by reason of a
temporary disability, it shall declare the office to
be vacant during the time of the disability and
the Court shall have continuing jurisdiction to
determine when the disability has terminated. If
the General Assembly and the Court of Appeals,
acting in the same manner as described above,
determine that the Governor-elect or Lieutenant
Governor-elect is unable by reason of physical or
mental disability to perform the duties of the of-
fice to which he has been elected, he shall be
disqualified to assume office.
(d) When a vacancy occurs in the office of
Governor, the Lieutenant Governor shall succeed
to that office for the remainder of the term. When
a vacancy occurs in the office of Lieutenant Gov-
ernor, the Governor shall nominate a person who
shall succeed to that office upon confirmation by
the affirmative vote of a majority of all members
of the General Assembly in joint session.
(e) If vacancies in the offices of Governor and
Lieutenant Governor exist at the same time, the
General Assembly shall convene forthwith, and
the office of Governor shall be filled for the re-
mainder of the term by the affirmative vote of a
majority of all members of the General Assembly
in joint session. The person so chosen as Gover-
nor by the General Assembly shall then nominate
a person to succeed to the office of Lieutenant
! Governor, upon confirmation by the affirmative
vote of a majority of all members of the General
Assembly in the same joint session. The President
: of the Senate shall serve as acting Governor until
the newly elected Governor has qualified. If a va-
; cancy exists in the office of Lieutenant Governor,
at a time when the Lieutenant Governor is autho-
rized to serve as acting Governor, the President of
the Senate shall serve as acting Governor. If there
is a vacancy in the office of the President of the
Senate at a time when he is authorized to serve as



 
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Maryland Manual, 1979-80
Volume 179, Page 799   View pdf image (33K)
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