798/Maryland Manual

SEC. 6.³¹ (a) If the Governor-elect is disqualified, re-
signs, or dies, the Lieutenant Governor-elect shall be-
come Governor for the full term. If the Governor-elect
(ails to assume office for any other reason, the newly
elected Lieutenant Governor shall become Lieutenant
Governor and shall serve as acting Governor until the
Governor-elect assumes office or until the office be-
comes vacant.

(b) The Lieutenant Governor shall serve as acting
Governor when notified in writing by the Governor
that the Governor will be temporarily unable to per-
form 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 Lieu-
tenant Governor 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 resume 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 session, may
adopt a resolution declaring that the Governor or Lieu-
tenant Governor is unable by reason of physical or
mental disability to perform the duties of his office.
When action is under taken pursuant to this subsection
of the Constitution, the officer who concludes that the
other officer is unable, by reason of disability to per-
form the duties of his office shall have the power to call
the General Assembly into Joint Session. The resolu-
tion, if adopted, shall be delivered to the Court of Ap-
peals, which then shall have exclusive jurisdiction to de-
termine 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 per-
manent 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 tem-
porary 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 dis-
ability has terminated. If the General Assembly and the
Court of Appeals, acting in the same manner as de-
scribed above, determine that the Governor-elect or
Lieutenant Governor-elect is unable by reason of physi-
cal or mental disability to perform the duties of the of-
fice to which he has been elected, he shall be dis-
qualified 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 Governor, 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 ses-
sion.

(e) If vacancies in the offices of Governor and Lieu-
tenant Governor exist at the same time, the General
Assembly shall convene forthwith, and the office of
Governor shall be filled for the remainder of the term

Article II

by the affirmative vote of a majority of all members of
the Genera! Assembly in joint session. The person so
chosen as Governor 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 Gover-
nor has qualified. If a vacancy exists in the office of
Lieutenant Governor, at a time when the Lieutenant
Governor is authorized 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 act-
ing Governor, the Senate shall forthwith convene and
fill the vacancy.

(f) When the Lieutenant Governor or a person
elected by the General Assembly succeeds to the office
of Governor, he shall have the title, powers, duties, and
emoluments of that office; but when the Lieutenant
Governor or the president of the Senate serves as acting
Governor, he shall have only the powers and duties of
that office. When the President of the Senate serves as
acting Governor, he shall continue to be President of
the Senate, but his duties as president shall be
performed by such other person as the Senate shall se-
lect.

(g) The Court of Appeals shall have original and ex-
clusive jurisdiction to adjudicate disputes or questions
arising from the failure of the Governor-elect to take of-
fice, or the service of the Lieutenant Governor or Presi-
dent of the Senate as acting Governor, or the creation
of a vacancy in the office of Governor or Lieutenant
Governor by reason of disability, or the succession to
the office of Governor or Lieutenant Governor, or the
exercise of the powers and duties of a successor to the
office of Governor.

SEC. 7.³² The Legislature may provide by law, not in
consistent with Section 26 of Article III of this Consti-
tution, for the impeachment of the Governor and Lieu-
tenant Governor.

SEC. 7A." Vacant.

SEC. 8. The Governor shall be the Commander-in-
Chief of the land and naval forces of the State; and may
call out the Militia to repel invasions, suppress insurrec-
tions, and enforce the execution of the Laws; but shall
not take the command in person, without the consent
of the Legislature.

SEC. 9. He shall take care that the Laws are faithful-
ly executed.

SEC. 10. He shall nominate, and, by and with the
advice and consent of the Senate, appoint all civil and
military officers of the State, whose appointment, or
election, is not otherwise herein provided for, unless a
different mode of appointment be prescribed by the
Law creating the office.

"Amended by Chapter 743, Acts of 1959, ratified Nov. 3,
1960; Chapter 532, Acts of 1970, ratified Nov. 3, 1970.
" Added by Chapter 532, Acts of 1970, ratified Nov. 3, 1970.
Repealed by Chapter 681, Acts of 1977, ratified Nov. 7, 1978,