1430                             Laws of Maryland                      [Ch. 831

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 2 of Article 78B of the Annotated Code of Maryland
(1957 Edition), title "Racing Commission", sub-title "In General",
be and it is hereby repealed and re-enacted, with amendments, to
read as follows:

2. Said Maryland Racing Commission shall consist of [three]
five members, all of whom shall be appointed by the Governor, and
not more than [two] four of whom shall be of the same political
party, and one of whom shall be designated by the Governor to be
the chairman of the said Commission. Each commissioner at the time
of his appointment and qualification shall be a resident of the State
of Maryland and shall have resided in said State for a period of at
least five years next preceding his appointment and qualification,
and he shall also be a qualified voter therein and not less than twenty-
five years of age. One of said commissioners shall hold office for one
year from the beginning of his term of office and until his successor
shall qualify. One of said commissioners shall hold office for two
years from the beginning of his term of office and until his successor
shall qualify. One of said commissioners shall hold office for three
years from the beginning of his term of office and until his successor
shall qualify. One of said commissioners shall hold office for four
years from the beginning of his term of office and until his sucessor
shall qualify; and one of said commissioners shall hold office for
[six] five years from the beginning of his term of office and until
his successor shall qualify. The term of office of each commissioner
shall begin within thirty days from June 1, [1920] 1959. The Gov-
ernor, at the time of making and announcing the appointment of
said [three] five commissioners, as well as in the commission issued
by him to each of them, shall designate which of said commissioners
shall serve for the [term of two years, and which shall serve for the
term of four years, and which shall serve for the term of six years,
as aforesaid] terms as hereinbefore provided, and also which shall
be the chairman of said Commission.

Upon the expiration of each of said terms, the term of office of each
commissioner thereafter appointed shall be [six] five years from the
time of his appointment and qualification and until his successor
shall qualify. A commissioner shall be appointed each and every
year to fill the term of office then expiring. In case any commissioner
shall be allowed to hold over after the expiration of his term, his
successor shall be appointed for the balance of the unexpired term.
Vacancies in said Commission shall be filled by the Governor for the
unexpired term. Each commissioner shall be eligible for reappoint-
ment in the discretion of the Governor.

In the event that the term of office above ascertained and pre-
scribed for each of said commissioners shall in respect to any of
said commissioners be held and decided by the courts, and particu-
larly by the Court of Appeals of Maryland, to be in excess of the
period or term of office allowed or permitted by the Constitution of
Maryland, then, in such event, the term of office of each of said
commissioners shall, and this article hereby declares and determines
that the term of office of each of them shall be for the period of two
years from and after the date of appointment, unless removed from
office, and until their successors respectively qualify according to
law.