[Art. 3] LEGISLATIVE DEPARTMENT 61

lot into two classes, as nearly equal in number as may be. Senators of the
first class shall go out of office at the expiration of two years, and Senators
shall be elected on the Tuesday next after the first Monday in the month
of November, eighteen hundred and sixty-nine, for the term of four years,
to supply their places; so that, after the first election, one-half of the
Senators may be chosen every second year. In case the number of Senators
be hereafter increased, such classification of the additional Senators shall
be made as to preserve, as nearly as may be, an equal number in each class.

This section referred to in construing art. 3, sec. 19—see notes thereto. Covington v.
Buffett, 90 Md. 577.

See art. 17, Md. Constitution-
Sec. 9. No person shall be eligible as a Senator or Delegate who, at
the time of his election, is not a citizen of the State of Maryland and
who has not resided therein for at least three years next preceding the day
of his election, and the last year thereof, in the County or in the Legislative
District of Baltimore City, which he may be chosen to represent, if such
County or Legislative District of said City shall have been so long estab-
lished; and if not, then in the County or City, from which, in whole or in
part, the same may have been formed; nor shall any person be eligible as
a Senator unless he shall have attained the age of twenty-five years, nor as
a Delegate unless he shall have attained the age of twenty-one years, at the
time 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. 11. No Minister or Preacher of the Gospel, or of any religious
creed or denomination, and no person holding any civil office of profit or
trust under this State, except Justices of the Peace, shall be eligible as
Senator or Delegate.

This section referred to in construing Art. 35 of the Declaration of Rights. Kimble v.
Bender, 173 Md. 615.

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. 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 person to fill such vacancy from a person
whose name shall be submitted to him in writing by the State 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 office is to be filled; and it shall be the duty of
the Governor to make said appointment within fifteen days after the sub-
mission thereof to him. In the event there is no State 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