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Maryland Manual, 1987-88
Volume 183, Page 755   View pdf image (33K)
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SEC. IB. Each candidate who shall seek a nomination for
Governor, under any method provided by law for such nomina-
tion, 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 other-
wise considered for nomination jointly with each other. No can-
didate for Governor may designate a candidate for Lieutenant
Governor to contest for the said offices jointly with him without
the consent of the said candidate for Lieutenant Governor, and
no candidate for Lieutenant Governor may designate a candi-
date 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 certifi-
cates of candidacy, or other documents by which they seek nom-
ination. In any election, 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 nomination, of the Lieutenant Governor who
was listed on the ballot or was being considered jointly with
him.

SEC. 2. An election for Governor and Lieutenant Gover-
nor, under this Constitution, shall be held on the Tuesday next
after the first Monday of November, in the year nineteen hun-
dred 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 Assembly; and every person qualified to vote for
Delegates, shall be qualified and entitled to vote for Governor
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 Dele-
gates, and enclosed and transmitted to the Secretary of State,
and delivered to said Speaker, at the commencement of the ses-
sion of the General Assembly, next ensuing said election.

SEC. 3. 28 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 number of votes for these offices, and
being Constitutionally eligible, shall be the Governor and Lieu-
tenant Governor, and shall qualify, in the manner herein pre-
scribed, on the third Wednesday of January next ensuing his
election, or as soon thereafter as may be practicable.

29
SEC. 4. If two or more sets of persons shall have the high-
est and an equal number of votes for Governor and Lieutenant
Governor, one set of them shall be chosen Governor and Lieu-
tenant Governor, by the Senate and House of Delegates; and all
questions in relation to the eligibility of Governor and Lieuten-
ant 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 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 deter-
mined 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

Constitution of Mary land/75 5

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.

30
SEC. 5. 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. (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 be-
come 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 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 du-
ties of his office. In either event the Lieutenant Governor shall
serve as acting Governor until notified in writing by the Gover-
nor 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 subsec-
tion 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 jurisdic-
tion to determine whether that officer is unable by reason of the
disability to perform the duties of his office. If the Court of Ap-
peals determines that such officer is unable to discharge the du-
ties of his office by reason of a permanent disability, the office
shall be vacant. If the Court of Appeals determines that such of-
ficer is unable to discharge the duties of his office by reason of a
temporary disability, it shall declare the office to be vacant dur-
ing 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 physi-
cal or mental disability to perform the duties of the office to
which he has been elected, he shall be disqualified to assume of-
fice.

(d) When a vacancy occurs in the office of Governor, the Lieu-
tenant 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 suc-
ceed 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 Lieutenant Gov-
ernor exist at the same time, the General Assembly shall con-
vene 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

 

"Added by Chapter 532, Acts of 1970, ratified Nov. 3, 1970.

"Amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956; Chapter 532, Acts of 1970, ratified Nov. 3, 1970.

"Amended by Chapter 161, Acts of 1964, ratified Nov. 3, 1964; Chapters 532 and 576, Acts of 1970, ratified Nov. 3, 1970.

"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.



 
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Maryland Manual, 1987-88
Volume 183, Page 755   View pdf image (33K)
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