Article I

SEC. II.²¹ Every person, hereafter elected, or
appointed, to office, in this State, who shall refuse, or
neglect, to take the oath, or affirmation of office, pro-
vided for in the ninth section of this Article, shall be
considered as having refused to accept the said office;
and a new election, or appointment, shall be made, as
in case of refusal to accept, or resignation of an office;
and any person violating said oath, shall, on conviction
thereof, in a Court of Law, in addition to the penalties
now, or hereafter, to be imposed by Law, be thereafter
incapable of holding any office of profit or trust in this
State.

ARTICLE II.

EXECUTIVE DEPARTMENT.

SECTION I.²² The executive power of the State
shall be vested in a Governor, whose term of office
shall commence on the third Wednesday of January
next ensuing his election, and continue for four years,
and until his successor shall have qualified; and a per-
son who has served two consecutive popular elective
terms of office as Governor shall be ineligible to suc-
ceed himself as Governor for the term immediately fol-
lowing the second of said two consecutive popular elec-
tive terms.

SEC. 1A." There shall be a Lieutenant Governor,
who shall have only the duties delegated to him by the
Governor and shall have such compensation as the
General Assembly shall provide by law, except that be-
ginning in the year 1978 the salary of the Lieutenant
Governor shall be as provided under Section 21 A of
this Article. No person who is ineligible under this
Constitution to be elected Governor shall be eligible to
hold the office of Lieutenant Governor.

SEC. IB.²⁴ Each candidate who shall seek a nomina-
tion for Governor, under any method provided by law
for such nomination, including primary elections, shall
at the time of filing for said office designate a candidate
for Lieutenant Governor, and the names of the said
candidate for Governor and Lieutenant Governor shall
be listed on the primary election ballot, or otherwise
considered for nomination jointly with each other. No
candidate for Governor may designate a candidate for
Lieutenant Governor to contest for the said offices
jointly with him without the consent of the said candi-
date for Lieutenant Governor, and no candidate for
Lieutenant Governor may designate a candidate for
Governor, to contest jointly for said offices with him
without the consent of the said candidate for Governor,
said consent to be in writing on a form provided for
such purpose and filed at the time the said candidates
shall file their certificates of candidacy, or other docu-
ments by which they seek nomination. In any election,

Constitution of Maryland/667

including a primary election, candidates for Governor
and Lieutenant Governor shall be listed jointly on the
ballot, and a vote cast for the candidate for Governor
shall also be cast for Lieutenant Governor jointly listed
on the ballot with him, and the election of Governor, or
the nomination of a candidate for Governor, also shall
constitute the election for the same term, or the nomina-
tion, of the Lieutenant Governor who was listed on the
ballot or was being considered jointly with him.

SEC. 2.²⁵ An election for Governor and Lieutenant
Governor, under this Constitution, shall be held on the
Tuesday next after the first Monday of November, in
the year nineteen hundred and seventy-four, and on the
same day and month in every fourth year thereafter, at
the places of voting for Delegates to the General As-
sembly; and every person qualified to vote for Dele-
gates, shall be qualified and entitled to vote for Gover-
nor and Lieutenant 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.

SEC. 3.²⁶ The Speaker of the House of Delegates
shall then open the said Returns, in the presence of
both Houses; and the persons having the highest num-
ber of votes for these offices, and being Constitutionally
eligible, shall be the Governor and Lieutenant Gover-
nor, and shall qualify, in the manner herein prescribed,
on the third Wednesday of January next ensuing his
election, or as soon thereafter as may be practicable.

SEC. 4.²⁷ If two or more sets of persons shall have
the highest and an equal number of votes for Governor
and Lieutenant Governor, one set of them shall be
chosen Governor and Lieutenant Governor, by the Sen-
ate and House of Delegates; and all questions in relation
to the eligibility of Governor and Lieutenant 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 having the
highest number of votes for Governor or for Lieutenant
Governor or both of them, be ineligible, a person or per-
sons shall be chosen by the Senate and House of Dele-
gates in place of the ineligible person or persons. Every
election of Governor or of Lieutenant Governor, or
both, 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
sets of persons shall have the highest and an equal num-
ber 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 Lieutenant Governor shall be
determined by lot between those sets, who shall have the
highest and an equal number on the first vote.