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CONSTITUTION — ART. II.

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.

Time, place and
manner of elect-
ing the gov-
ernor
1353, c 134.

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 inclosed 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.

Plurality to
elect

1856, c 183

SEC 3 The speaker of the House of Delegates shall then open the said re-
turns, in the presence of both houses, and the person having the highest num-
ber 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 thereafter as may be practicable.

Case of tie, Sen-
ate and House
to choose

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 to deter-
mine questions
of eligibility, etc.

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 per-
son or persons having the highest number of votes, bo ineligible, the governor
shall be chosen by the Senate and House of Delegates. Every election of gov-
ernor by the General Assembly shall be determined by a joint majority of the

Vote viva voce
and jointly.

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

Case of tie,
choice by lot

equal number; and if the vote should again be equal, then the election of gov-
ernor shall be determined by lot between those who shall have the highest and
an equal number on the first vote

Qualification of
governor

SEC. 6 A person to be eligible to the office of 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.

In case of death,
etc.. General As-
sembly to elect

SEC 6. In case of the death, or resignation of the governor, or of his re-
moval from the State, or other disqualification, the General Assembly, if in
session, or if not, at their next session, shall elect some other qualified person
to be governor for the residue of the term for which the said governor had
been elected

In case of
vacancy during
recess, president
of Senate to act

SEC 7. In case of any vacancy in the office of governor, during the recess
of the legislature, the president of the Senate shall discharge the duties of said
office, until a governor is elected, as herein provided for; and in case of the
death or resignation of the said president, or of his removal from the State, or
of his refusal to serve, then the duties of said office shall, in like manner, and
for the same interval, devolve upon the speaker of the House of Delegates.

Impeachment.

And the legislature may provide by law, for the impeachment of the governor;
and in case of his conviction, or his inability, may declare what person shall
perform the executive duties; and for any vacancy in said office not herein
provided for, provision may be made by law; and if such vacancy should
occur without such provision being made, the legislature shall be convened by
the secretary of state for the purpose of filling said vacancy.

Governor to be
commander-in-
chief, but not

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