748/Mmyland Manual

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 dis-
charge 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 ter-
minated. If the General Assembly and the Court of Ap-
peals, acting in the same manner as described above,
determine that the Governor-elect or Lieutenant Gover-
nor-elect is unable by reason 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
Eson who shall succeed to that office upon confirmation
the affirmative vote of a majority of all members of the
neral 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 Gover-
nor shall be filled for the remainder of the term by the
affirmative vote of a majority of aU members of the General
Assembly in joint session. The person so chosen as Gover-
nor 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 Gover-
nor, he shall have the tide, 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 ex-
clusive jurisdiction to adjudicate disputes or questions aris-
ing 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

Article n

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 HI of this Constitu-
tion, for the impeachment of the Governor and Lieutenant
Governor.

SEC. 7A.³⁵ Vacant.

SEC. 8. The Governor shall be the Commander-in-
Chiefofthe 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. II.³⁶ In case of any vacancy, during the recess of
the Senate, in any office which the Governor has power 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; iad 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
Senate, shall be again nominated for the same office at the
same session, unless at the request of the Senate; or, be
appointed to the same office during the recess of the
Legislature.

SEC. 13.³⁷ 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
Senate have the power to fill, the Governor shall nominate
to the Senate before its final adjournment, a proper person
to fill said vacancy, unless such vacancy occurs within ten
days before said final adjournment.

SEC. IS. The Governor may suspend or arrest any
military officer of the State for disobedience of orders, or
other military offense; and may remove him in pursuance
of the sentence of a Court-Martial; and may remove for
incompetency, or misconduct, all civil officers who received
appointment from the Executive for a term of years.