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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 for
Governor or for Lieutenant Governor or both of them, be ineligible,
[the Governor] 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 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 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 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.
5.
A person to be eligible [to] for the office of Governor or Lieutenant
Governor [,] must have attained the age of thirty years, and must
have been [for ten years a citizen of the State of Maryland, and for
five years next preceding his election, a resident of the State, and,
at the time of his election, a qualified voter therein] a resident and
registered voter of the State for five years next immediately preced-
ing his election.
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 become Lieutenant Gover-
nor and shall serve as acting Governor until the Governor-elect
assumes office or until the office becomes 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 Lieuten-
ant 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 duties of his office. In either
event the Lieutenant Governor shall serve as acting Governor until
notified in writing by the Governor 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 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 un-
able 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,
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