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Maryland Manual, 1985-86
Volume 182, Page 684   View pdf image (33K)
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684/Maryland Manual

the regular session of the General Assembly in the second year
following every census, the Governor's plan presented to the
General Assembly shall become law.

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 appropriate relief, if it finds that the
districting of the State is not consistent with requirements of
either the Constitution of the United States of America, or the
Constitution of Maryland-

SEC. fi.45 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. 7.4' 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. S." Vacant.

SEC. 9.48 A person is eligible to serve as a Senator or Delegate,
who on the date of his election, (1) is a citizen 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 prior 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.4' No person holding any civil office of profit, or trust,
under this State shall be eligible as Senator 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.

SEC. 13.50 (a) In case of death, disqualification, resignation,
refusal to act, expulsion, or removal from the county or city for
which he shall have been elected, of any person who shall have
been chosen as a Delegate or Senator, or in case of a tie between
two or more such qualified persons, the Governor shall appoint a

•"Amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956;
Chapter 785, Acts of 1969, ratified Nov. 3, 1970; Chapter 681, Acts
of 1977, ratified Nov. 7, 1978.
""Amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956.
47 Repealed by Chapter 99, Acts of 1956, ratified Nov. 6, 1956.
"Amended by Chapter 880, Acts of 1974, ratified Nov. 5, 1974;
Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
4' Thus amended by Chapter 681, Acts of 1977, ratified Nov. 7,1978.
"Amended by Chapter 584, Acts of 1935, ratified Nov. 3, 1936;
Chapter 162, Acts of 1966, ratified Nov. 8, 1966; Chapter 681, Acts
of 1977, ratified Nov. 7. 1978.

Article III

person to fill such vacancy from a person whose name shall be
submitted to him in writing, within thirty days after the
occurrence of the vacancy, by the Central Committee of the
political party with which the Delegate or Senator, so vacating,
had been affiliated in the County or District from which he or she
was elected, provided that the appointee shall be of the same
political party as the person whose ofTice is to be filled; and it
shall be the duty of the Governor to make said appointment
within fifteen days after the submission thereof to him. If a name
is not submitted by the Central Committee within thirty days
after the occurrence of the vacancy, the Governor within another
period of fifteen days shall appoint a person, who shall be of the
same political party as the person whose office is to be filled, and
who is otherwise properly qualified to hold the office of Delegate
or Senator in the District or County. In the event there is no
Central Committee in the County or District from which said
vacancy is to be filled, the Governor shall within fifteen days after
the occurrence of such vacancy appoint a person who is otherwise
properly qualified to hold the office of Delegate or Senator in
such District or County. In every case when any person is so
appointed by the Governor, his appointment shall be deemed to
be for the unexpired term of the person whose office has become
vacant.

(b) In addition, and in submitting a name to the Governor to fill
a vacancy in a legislative or delegate district, as the case may be,
in any of the twenty-three counties of Maryland, the Central
Committee or committees shall follow these provisions:
(1) If the vacancy occurs in a district having the same
boundaries as a county, the Central Committee of the
county shall submit the name of a resident of the district.
(2) If the vacancy occurs in a district which has
boundaries comprising a portion of one county, the Central
Committee of that county shall submit the name of a
resident of the district.
(3) If the vacancy occurs in a district which has
boundaries comprising a portion or all of two or more
counties, the Central Committee of each county involved
shall have one vote for submitting the name of a resident of
the district; and if there is a tie vote between or among the
Central Committees, the list of names there proposed shall
be submitted to the Governor, and he shall make the
appointment from the list.

SEC. 14." The General Assembly shall meet on the second
Wednesday of January, nineteen hundred and seventy-one, and
on the same day in every year thereafter, and at no other time.
unless convened by Proclamation of the Governor. A Proclama-
tion convening the General Assembly in extraordinary session
must be issued by the Governor if a majority of the members
elected to the Senate and a majority of the members elected to the
House of Delegates join in a petition to the Governor requesting
that he convene the General Assembly in extraordinary session,
and the Governor shall convene the General Assembly on the
date specified in the petition. This section does not affect the
Governor's power to convene the General Assembly in extraordi-
nary session pursuant to Section 16 of Article II of this
Constitution.

SEC. 15." (1) The General Assembly may continue its session
so long as in its judgment the public interest may require, for a
period not longer than ninety days in each year. The ninety days
shall be consecutive unless otherwise provided by law. The

"Amended by Chapter 497, Acts of 1947, ratified Nov. 2, 1948;
Chapter 161, Acts of 1964, ratified Nov. 3, 1964; Chapter 576, Acts
of 1970, ratified Nov. 3, 1970.
"Amended by Chapter 695, Acts of 1941, ratified Nov. 3, 1942;
Chapter 497, Acts of 1947, ratified Nov. 2, 1948; Chapter 161, Acts
of 1964, ratified Nov. 3, 1964; Chapter 576, Acts of 1970, ratified
Nov. 3, 1970; Chapter 541, Acts of 1976, ratified Nov. 2, 1976;
Chapter 681, Acts of 1977, ratified Nov. 7, 1978.

 



 
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Maryland Manual, 1985-86
Volume 182, Page 684   View pdf image (33K)
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