[Art. 2] EXECUTIVE DEPARTMENT 53

until his successor shall have qualified; but the Governor chosen at the first
election under this Constitution shall not enter upon the discharge of the
duties of the office until the expiration of the term for which the present
incumbent was elected; unless the said office shall become vacant by death,
resignation, removal from the State, or other disqualification of the said
incumbent.

[Section 1. The executive power of the State shall be vested in a Gov-
ernor, whose term of office shall commence on the Second Wednesday of
January next ensuing his election, and continue for four years, and until
his successor shall have qualified; and he shall be ineligible to succeed him-
self as Governor for the term directly following that for which he was
elected. ] ¹

This section referred to in refusing a mandamus directing the Governor to count
certain votes and to exclude certain other votes for and against the adoption of the
Constitution. Miles v. Bradford, 22 Md. 183.

This section referred to in construing art. 15, sec, 3, and art. 4, sec. 42—see notes
to the former. Smith v. Thursby, 28 Md. 258.

This section referred to in construing art. 2, sec. 15, of the Constitution—see notes
thereto. Cull v. Wheltle, 114 Md. 90.

See notes to art. 7, sec. 3, Md. Constitution, and see arts. 8, et seq., and art. 34,
Declaration of Rights.

As to the Governor and the administrative departments of the state, see art. 41,
An. Code.

Sec. 2. An election for Governor, under this Constitution, shall be held
on the Tuesday next after the first Monday of November, in the year
eighteen hundred and sixty-seven, 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; 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 Delegates, and enclosed and
transmitted to the Secretary of State, and delivered to said Speaker, at the
commencement of the session of the General Assembly next ensuing said
election.

Sec. 3. The Speaker of the House of Delegates shall then open the
said returns in the presence of both Houses; and the person having the
highest number of votes, and being constitutionally eligible, shall be the
Governor, and shall qualify, in the manner herein prescribed, on the
second Wednesday of January next ensuing his election, or as soon there-
after as may be practicable.

Sec. 4. If two or more persons shall have the highest and an equal
number of votes for Governor, one of them shall be chosen Governor by
the Senate and House of Delegates, and all questions in relation to the
eligibility of 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 or persons, having the highest
number of votes, be ineligible, the Governor shall be chosen by the Senate
and the House of Delegates., Every election of Governor 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
persons shall have the highest and an equal number of votes, then a second
vote shall be taken, which shall be confined to the persons having an equal
number; and if the vote should again be equal, then the election of Gov-

¹ This amendment was submitted by ch. 381, 1939, and will be voted upon by the
people in Nov. 1940.