642/Maryland Manual

(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 Gov-
ernor is unable by reason ofphysical 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 dis-
charge 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 tempo^a^y 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 Gov-
ernor-elect or Lieutenant Governor-elect is unable by rea-
son of physical 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
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 session.

(e) If vacancies in the offices of Governor and Lieuten-
ant 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 Lieuten-
ant 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 Gover-
nor, 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

Article II

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 exclu-
sive 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. 7.33 The Legislature may provide by law, not
inconsistent with Section 26 of Article HI of this Constitu-
tion, for the impeachment of the Governor and Lieutenant
Governor.

SEC. 7A.34 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 elec-
tion, is not otherwise herein provided for, unless a different
mode of appointment be prescribed by the Law creating
the office.

SEC. 11. In case of any vacancy, during the recess of
the Senate, in any office which the Governor has powe^ to
fill, he shall appoint some suitable person to said office,
whose commission shall continue in force until the end of
the next session of the Legislature, or until some other
person is appointed to the same office, whichever shall first
occur; ana the nomination of the person thus appointed,
during the recess, or, of some other person in his place, shall
be made to the Senate on the first day of the next regular
meeting of the Senate.

SEC. 12. No person, after being rejected by the Sen-
ate, shall be again nominated for the same office at the same
session, unless at the request of the Senate; or, be ap^^ed
to the same office during the recess of the Legislature.

SEC. 13.36 All civil officers nominated by the Gover-
nor and subject to confirmation by the Senate, shall be
nominated to the Senate within forty days from the com-
mencement of each regular session of the Legislature; and
their term of office, except in cases otherwise provided for
in this Constitution, shall commence on the first Monday
of May next ensuing their appointment, and continue for
two years, (unless removed from office), and until their
successors, respectively, qualify according to Law.

SEC. 14. If a vacancy shall occur, during the session of
the Senate, in any office which the Governor and the