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Maryland Manual, 1981-82
Volume 180, Page 671   View pdf image (33K)
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Article HI

ARTICLE III.
LEGISLATIVE DEPARTMENT.

SECTION 1. The Legislature shall consist of two
distinct branches; a Senate, and a House of Delegates;
and shall be styled the General Assembly of Maryland.

SEC. 2.38 The membership of the Senate shall con-
sist of forty-seven (47) Senators. The membership of the
House of Delegates shall consist of one hundred forty-
one (141) Delegates.

SEC. 3.39 The State shall be divided by law into leg-
islative districts for the election of members of the Sen-
ate and the House of Delegates. Each legislative district
shall contain one (1) Senator and three (3) Delegates.
Nothing herein shall prohibit the subdivision of any one
or more of the legislative districts for the purpose of
electing members of the House of Delegates into three
(3) single-member delegate districts or one (1) single-
member delegate district and one (1) multi-member del-
egate district.

SEC. 4.40 Each legislative district shall consist of ad-
joining territory, be compact in form, and of substan-
tially equal population. Due regard shall be given to
natural boundaries and the boundaries of political sub-
divisions.

SEC. 5.41 Following each decennial census of the
United States and after public hearings, the Governor
shall prepare a plan setting forth the boundaries of the
legislative districts for electing of the members of the
Senate and the House of Delegates.

The Governor shall present the plan to the President
of the Senate and Speaker of the House of Delegates
who shall introduce the Governor's plan as a joint reso-
lution to the General Assembly, not later than the first
day of its regular session in the second year following
every census, and the Governor may call a special ses-
sion for the presentation of his plan prior to the regular
session. The plan shall conform to Sections 2, 3 and 4 of
this Article. Following each decennial census the Gener-
al Assembly may by joint resolution adopt a plan set-
ting forth the boundaries of the legislative districts for
the election of members of the Senate and the House of
Delegates, which plan shall conform to Sections 2, 3
and 4 of this Article. If a plan has been adopted by the
General Assembly by the 45th day after the opening of
the regular session of the General Assembly in the sec-
ond year following every census, the plan adopted by
the General Assembly shall become law. If no plan has
been adopted by the General Assembly for these pur-
poses by the 45th day after the opening of the regular
session of the General Assembly in the second year fol-
lowing every census, the Governor's plan presented to
the General Assembly shall become law.

"! Thus amended by Chapter 363, Acts of 1972, ratified No-
vember 7, 1972.
w Thus amended by Chapter 363, Acts of 1972, ratified No-
vember 7, 1972.
w Thus amended by Chapter 363, Acts of 1972, ratified No-
vember 7, 1972.
41 Thus amended by Chapter 681, Acts of 1977, ratified
November 7, 1978.

Constitution of Maryland/671

Upon petition of any registered voter, the Court of
Appeals shall have original jurisdiction to review the
legislative districting of the State and may grant appro-
priate relief, if it finds that the districting of the State is
not consistent with requirements of either the Constitu-
tion of the United States of America, or the Constitu-
tion of Maryland.

SEC. 6.42 A member of the General Assembly shall
be elected by the registered voters of the legislative or
delegate district from which he seeks election, to serve
for a term of four years beginning on the second
Wednesday of January following his election.

SEC. 7.43 The election for Senators and Delegates
shall take place on the Tuesday next, after the first
Monday in the month of November, nineteen hundred
and fifty-eight, and in every fourth year thereafter.

SEC. 8.44 Vacant.

SEC. 9.45 A person is eligible to serve as a Senator
or Delegate, who on the date of his election, (1) is a cit-
izen of the State of Maryland, (2) has resided therein
for at least one year next preceding that date, and (3) if
the district which he has been chosen to represent has
been established for at least six months prior to the
date of his election, has resided in that district for six
months next preceding that date.

If the district which the person has been chosen to
represent has been established less than six months pri-
or to the date of his election, then, in addition to (1)
and (2) above, he shall have resided in the district for
as long as it has been established.

A person is eligible to serve as a Senator, if he has
attained the age of twenty-five years, or as a Delegate,
if he has attained the age of twenty-one years, on the
date of his election.

SEC. 10. 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 Senator, or Delegate,
be elected to Congress, or be appointed to any office,
civil, or military, under the Government of the United
States, his acceptance thereof, shall vacate his seat.

SEC. II.46 No person holding any civil office of
profit, or trust, under this State shall be eligible as Sen-
ator or Delegate.

SEC. 12. No Collector, Receiver, or Holder of public
money 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.

42 Thus amended by Chapter 681, Acts of 1977, ratified No-
vember 7, 1978.
43 Thus amended by Chapter 99, Acts of 1956. ratified Novem-
ber 6, 1956.
44 Repealed by Chapter 99, Acts of 1956, ratified November 6,
1956.
45 Thus amended by Chapter 681, Acts of 1977. ratified No-
vember 7, 1978.
46 Thus amended by Chapter 681, Acts of 1977, ratified No-
vember 7,1978.

 



 
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Maryland Manual, 1981-82
Volume 180, Page 671   View pdf image (33K)
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