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Maryland Manual, 1985-86
Volume 182, Page 681   View pdf image (33K)
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SEC. 4.29 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 Senate 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 deter-
mined 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 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 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 Lieutenant Governor
shall be determined by lot between those sets, who shall have the
highest and an equal number on the first vote.

SEC. 5.30 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 election.

SEC. 6.3' (a) If the Governor-elect is disqualified, resigns, or
dies, the Lieutenant Governor-elect shall become Governor for
the full term. If the Governor-elect fails 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 becomes
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 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 Governor the fact of his inability to perform the duties
of his office. In either event the Lieutenant Governor 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 Lieutenant Governor is unable by
reason of physical or mental disability to perform the duties of his
office. When action is undertaken pursuant to this subsection of
the Constitution, the officer who concludes that the other officer
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 exclusive 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

"Amended by Chapter 532, Acts of 1970, ratified Nov. 3, 1970.
"Amended by Chapter 532, Acts of 1970, ratified Nov. 3, 1970,
"Amended by Chapter 743, Acts of 1959, ratified Nov. 8, 1960;
Chapter 532, Acts of 1970, ratified Nov. 3, 1970.

Constitution of Maryland/681

or mental disability to perform the duties of the office 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 remain-
der 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 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 remainder 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 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 Governor 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 acting
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 select.

(g) The Court of Appeals shall have original and exclusive
jurisdiction to adjudicate disputes or questions arising from the
failure of the Governor-elect to take office, or the service of the
Lieutenant Governor or President 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." The Legislature may provide by law, not inconsistent
with Section 26 of Article III of this Constitution, for the
impeachment of the Governor and Lieutenant 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 insurrections, 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 faithfully
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 pre-
scribed by the Law creating the office.

"Amended by Chapter 743, Acts of 1959, ratified Nov. 8, 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.

 



 
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Maryland Manual, 1985-86
Volume 182, Page 681   View pdf image (33K)
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