PARRIS N. GLENDENING, Governor

Ch. 114

CHAPTER 114
(Senate Bill 83)

AN ACT concerning

Governor - "Lame Duck" Appointments

FOR the purpose of limiting the power of a Governor during certain periods to appoint
a person to an office in the Executive Branch or to certain offices in the Judicial
Branch; subjecting certain appointments to review approval by the next succeeding
Governor; and submitting this amendment to the qualified voters of the State of
Maryland for their adoption or rejection.

BY proposing an addition to the Constitution of Maryland
Article II - Executive Department
Section 10A

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, (Three-fifths of all the members elected to each of the two Houses
concurring), That it be proposed that the Constitution of Maryland read as follows:

Article II - Executive Department

10A.

(A)     EXCEPT AS PROVIDED IN SUBSECTION (B) OF THIS SECTION, A GOVERNOR
MAY NOT APPOINT A PERSON TO AN OFFICE IN THE EXECUTIVE BRANCH OF STATE
GOVERNMENT OR TO AN OFFICE IN THE JUDICIAL BRANCH OF STATE GOVERNMENT
THAT DOES NOT REQUIRE CONFIRMATION BY THE SENATE DURING;

(1) THE PERIOD FOLLOWING THE LAST GENERAL ELECTION HELD
DURING THE FINAL TERM OF A GOVERNOR; OR

(2) THE PERIOD BETWEEN A PRIMARY OR GENERAL ELECTION IN
WHICH A GOVERNOR IS NOT RENOMINATED OR REELECTED AND THE
INAUGURATION OF THE NEXT SUCCEEDING GOVERNOR.

(1) THE PERIOD BETWEEN A PRIMARY ELECTION IN WHICH THE
GOVERNOR IS NOT RENOMINATED OR IS INELIGIBLE TO SUCCEED HIMSELF AND THE
INAUGURATION OF THE NEXT SUCCEEDING GOVERNOR; OR

(2) IF THE GOVERNOR IS NOMINATED IN THE PRIMARY ELECTION BUT
DEFEATED IN THE GENERAL ELECTION, THE PERIOD BETWEEN THE GENERAL
ELECTION AND THE INAUGURATION OF THE NEXT SUCCEEDING GOVERNOR.

(B)     (4) IN AN EMERGENCY DURING THE PERIODS DESCRIBED IN
SUBSECTION (A) OF THIS SECTION, A GOVERNOR MAY APPOINT A PERSON TO AN
OFFICE IN THE EXECUTIVE BRANCH OR THE JUDICIAL BRANCH THAT THE
GOVERNOR HAS THE POWER TO FILL ON A TEMPORARY BASIS UPON FILING A

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