USA > Maryland > Leading events of Maryland history; with topical analyses, references, and questions for original thought and research > Part 19
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Time, place, and manner of electing governor
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 enclosed 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
Sec. 3. The Speaker of the House of Delegates shall then open the said returns in the presence of both Houses; and the person having the highest number 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.
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Tie vote - House to decide all questions
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 of Delegates, and all questions in relation to the eligibility of Gov- ernor, 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 person or persons, having the highest number of votes, be ineligible, the Governor shall be chosen by the Senate and House of Delegates. Every election of Governor 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 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 equal number ; and if the vote should again be equal, then the election of Governor shall be determined by lot between those who shall have the highest and an equal number on the first vote.
Qualifications of governor
Sec. 5. 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.
Election by assembly
Sec. 6. In the case of death or resignation of the Governor, or of his removal 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.
Succession - Impeachment
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. 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
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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 of Militia
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, sup- press insurrections, and enforce the execution of the Laws ; but shall not take the command in person, without the consent of the Legislature.
Duties
Sec. 9. He shall take care that the Laws are faithfully executed.
Appointments
Sec. 10. He shall nominate, and by and with the advice and consent of the Senate, appoint all civil and military officers of the State, whose appoint- ment or election is not otherwise herein provided for ; unless a different mode of appointment be prescribed by the Law creating the office.
Appointments during recess
Sec. II. In case of any vacancy during the recess of the Senate, in any office which the Governor has power to fill, he shall appoint some suitable person to said office, whose commission shall continue in force until the end of the next session of the Legislature, or until some other person is appointed to the same office, whichever shall first occur; and the nomination of the person thus appointed during the recess, or of some other person in his place, shall be made to the Senate within thirty days after the next meeting of the Legislature.
Rejection by Senate
Sec. 12. No person, after being rejected by the Senate, shall be again nominated for the same office at the same session, unless at the request of the Senate; or be appointed to the same office during the recess of the Legislature.
Time of nomination - Term of office
Sec. 13. All civil officers appointed by the Governor and Senate, shall be nominated to the Senate within fifty days from the commencement of each regular session of the Legislature ; and their term of office, except in cases otherwise provided for in this Constitution, shall commence on the first Mon- day of May next ensuing their appointment, and continue for two years,
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(unless removed from office), and until their successors, respectively, qualify according to law; but the term of office of the Inspectors of Tobacco shall commence on the first Monday of March next ensuing their appointment.
Vacancy during session
Sec. 14. If a vacancy shall occur during the session of the Senate, in any office which the Governor and Senate have the power to fill, the Governor shall nominate to the Senate, before its final adjournment a proper person to fill said vacancy, unless such vacancy occurs within ten days before said final adjournment.
Courts martial
Sec. 15. The Governor may suspend or arrest any military officer of the State for disobedience of orders or other military offense ; and may remove him in pursuance of the sentence of a Court Martial ; and may remove for incompetency or misconduct, all civil officers who received appointment from the Executive for a term of years.
Extra sessions of Legislature
Sec. 16. The Governor shall convene the Legislature, or the Senate alone, on extraordinary occasions ; and whenever from the presence of an enemy, or from any other cause, the Seat of Government shall become an unsafe place for the meeting of the Legislature, he may direct their sessions to be held at some other convenient place.
Veto power - Vetoed bills : how passed - Yeas and nays - Veto within six days
Sec. 17. To guard against hasty or partial legislation and encroachments of the Legislative Department upon the co-ordinate, Executive and Judicial Departments, every Bill which shall have passed the House of Delegates, and the Senate shall, before it becomes a law, be presented to the Governor of the State; if he approve he shall sign it, but if not he shall return it with his objections to the House in which it originated, which House shall enter the objections at large on its Journal and proceed to reconsider the Bill ; if, after such reconsideration, three-fifths of the members elected to that House shall pass the Bill, it shall be sent with the objections to the other House, by which it shall likewise be reconsidered, and if it pass by three-fifths of the members elected to that House it shall become a law ; but in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the per- sons voting for and against the Bill shall be entered on the Journal of each
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House, respectively. If any bill shall not be returned by the Governor within six days (Sundays excepted), after it shall have been presented to him, the same shall be a law in like manner as if he signed it, unless the General As- sembly shall, by adjournment, prevent its return, in which case it shall not be a law.
Veto of items
[The Governor shall have power to disapprove of any item or items of any Bills making appropriations of money embracing distinct items, and the part or parts of the Bill approved shall be the law, and the item or items of ap- propriations disapproved shall be void unless repassed according to the rules or limitations prescribed for the passage of other Bills over the Executive veto.]1
Governor to examine Treasury accounts
Sec. 18. It shall be the duty of the Governor, semi-annually, (and oftener, if he deems it expedient), to examine under oath the Treasurer and Comp- troller of the State on all matters pertaining to their respective offices, and inspect and review their bank and other account books.
Recommendations
Sec. 19. He shall, from time to time, inform the Legislature of the con- dition of the State, and recommend to their consideration such measures as he may judge necessary and expedient.
Pardons - Notice in newspapers - Reports to Legislature
Sec. 20. He shall have power to grant reprieves and pardons, except in cases of impeachment, and in cases in which he is prohibited by other Articles of this Constitution ; and to remit fines and forfeitures for offenses against the State ; but shall not remit the principal or interest of any debt due the State. except in cases of fines and forfeitures ; and before granting a nolle prosequi, or pardon, he shall give notice, in 'one or more newspapers, of the application made for it, and of the day on or after which his decision will be given ; and in every case in which he exercises this power, he shall report to either Branch of the Legislature, whenever required, the petitions, recommendations and reasons which influenced his decision.
Residence and salary
Sec. 21. The Governor shall reside at the seat of government, and receive for his services an annual salary of four thousand five hundred dollars.
1 Thus amended by Chapter 194, Acts of 1890, ratified by the people, November 3d, I891.
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Secretary of State
Sec. 22. A Secretary of State shall be appointed by the Governor, by and with the advice and consent of the Senate, who shall continue in office, unless sooner removed by the Governor, till the end of the official term of the Governor from whom he received his appointment, and receive an annual salary of two thousand dollars, and shall reside at the seat of government ; and the office of Private Secretary shall thenceforth cease.
Duties of Secretary
Sec. 23. The Secretary of State shall carefully keep and preserve a record of all official acts and proceedings, which may at all times be inspected by a committee of either branch of the Legislature ; and he shall perform such other duties as may be prescribed by law, or as may properly belong to his office, together with all clerical duty belonging to the Executive Department.
ARTICLE III
LEGISLATIVE DEPARTMENT
Section I. The Legislature shall consist of two distinct branches - a Senate and a House of Delegates - and shall be styled the General Assembly of Maryland.
Election of Senators - Term
Sec. 2. Each County in the State, and each of the three Legislative Districts of Baltimore City, as they are now, or may hereafter be defined, shall be entitled to one Senator, who shall be elected by the qualified voters of the Counties, and of the Legislative Districts of Baltimore City, respectively, and shall serve for four years from the date of his election, subject to the classifica- tion of Senators hereafter provided for.
Legislative districts - Election of Senators - Term
[Sec. 2. The City of Baltimore shall be divided into four legislative dis- tricts, as near as may be, of equal population and contiguous territory, and each of said legislative districts of Baltimore City, as they may from time to time be laid out, in accordance with the provisions hereof, and each county in the State shall be entitled to one Senator, who shall be elected by the qualified voters of the said legislative districts of Baltimore City, and of the counties
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of the State, respectively, and shall serve for four years from the date of his election, subject to the classification of Senators hereafter provided for. ] 1
Representation in House
Sec. 3. Until the taking and publishing of the next National Census, or until the enumeration of the population of this State, under the authority thereof, the several counties and the City of Baltimore, shall have a repre- sentation in the House of Delegates, as follows : Allegany, five Delegates ; Anne Arundel County, three Delegates ; Baltimore County, six Delegates ; each of the three Legislative Districts of the City of Baltimore, six Delegates ; Calvert County, two Delegates ; Caroline County, two Delegates ; Carroll County, four Delegates ; Cecil County, four Delegates ; Charles County, two Delegates ; Dorchester County, three Delegates ; Frederick County, six Dele- gates ; Harford County, four Delegates ; Howard County, two Delegates ; Kent County, two Delegates ; Montgomery County, three Delegates ; Prince George's County, three Delegates ; Queen Anne's County, two Delegates ; St. Mary's County, two Delegates ; Somerset County, three Delegates ; Talbot County, two Delegates ; Washington County, five Delegates ; and Worcester County, three Delegates.2
Basis of representation in House - Legislative districts in Baltimore City may be changed
Sec. 4. As soon as may be after the taking and publishing of the next Na- tional Census, or after the enumeration of the population of this State, under the authority thereof, there shall be an apportionment of representation in the House of Delegates, to be made on the following basis, to wit: Each of the several Counties of the State having a population of eighteen thousand souls, or less, shall be entitled to two Delegates, and every County having a population of over eighteen thousand, and less than twenty-eight thousand souls, shall be
1 Thus amended by Act of 1900, Chapter 469, ratified by the people at November election, 1901.
2 Under the State Census authorized by the Act of 1901 (Special Session), and by the amendment to Sec. 2, the allotment of representation of the several counties in the House of Delegates is as follows : Allegany County, five ; Anne Arundel County, four ; Baltimore County, six ; Calvert County, two ; Caroline County, two ; Carroll County, four ; Cecil County, three ; Charles County, two ; Dorchester County, four ; Frederick County, five ; Garrett County, two ; Harford County, four ; Howard County, two ; Kent County, two ; Montgomery County, four ; Prince George's County, four ; Queen Anne's County, three ; Somerset County, three ; St. Mary's County, two ; Talbot County, three ; Washing- ton County, five ; Wicomico County, three ; Worcester County, three ; and Baltimore City, twenty-four delegates. Total, IOI.
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entitled to three Delegates ; and every County having a population of twenty- eight thousand, and less than forty thousand souls, shall be entitled to four Delegates ; and every County having a population of forty thousand, and less than fifty-five thousand souls, shall be entitled to five Delegates ; and every County having a population of fifty-five thousand souls, and upwards, shall be entitled to six Delegates, and no more ; and each of the three Legislative Districts of the City of Baltimore shall be entitled to the number of Delegates to which the largest County shall or may be entitled, under the aforegoing apportionment. And the General Assembly shall have power to provide by law, from time to time, for altering and changing the boundaries of the three existing Legislative Districts of the City of Baltimore, so as to make them, as near as may be, of equal population ; but said Districts shall always consist of contiguous territory.
Basis of representation - Legislative districts in Baltimore City may be changed
[Sec. 4. As soon as may be, after the taking and publishing of the Na- tional Census of 1900, or after the enumeration of the population of this State, under the authority thereof, there shall be an apportionment of representation in the House of Delegates, to be made on the following basis, to wit : Each of the several counties of the State, having a population of eighteen thousand souls or less, shall be entitled to two delegates ; and every county having a population of over eighteen thousand and less than twenty-eight thousand souls, shall be entitled to three delegates ; and every county having a popula- tion of twenty-eight thousand and less than forty thousand souls, shall be entitled to four delegates ; and every county having a population of forty thou- sand and less than fifty-five thousand souls, shall be entitled to five delegates ; and every county having a population of fifty-five thousand souls and upwards, shall be entitled to six delegates and no more; and each of the Legislative Districts of the City of Baltimore shall be entitled to the number of delegates to which the largest county shall or may be entitled under the aforegoing apportionment, and the General Assembly shall have the power to provide by law, from time to time, for altering and changing the boundaries of the exist- ing legislative districts of the City of Baltimore, so as to make them as near as may be of equal population ; but said district shall always consist of con- tiguous territory.]1
Governor to arrange representation - Proclamation
Sec. 5. Immediately after the taking and publishing of the next National Census, or after any State enumeration of population, as aforesaid, it shall be
1 Thus amended by Act of 1900, Chapter 432, ratified by the people at November elec- tion, 1901.
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the duty of the Governor, then being, to arrange the representation in said House of Delegates in accordance with the apportionment herein provided for ; and to declare, by Proclamation, the number of Delegates to which each County and the City of Baltimore may be entitled under such apportionment ; and after every National Census taken thereafter, or after any State enumera- tion of population, thereafter made, it shall be the duty of the Governor, for the time being, to make similar adjustment of representation, and to declare the same by Proclamation, as aforesaid.
Election of delegates - Term
Sec. 6. The members of the House of Delegates shall be elected by the qualified voters of the Counties, and the Legislative Districts of Baltimore City, respectively, to serve for two years from the day of their election.
Time of election
Sec. 7. The first election for Senators and Delegates shall take place on the Tuesday next after the first Monday in the month of November, eighteen hundred and sixty-seven; and the election for Delegates, and as nearly as practicable, for one-half of the Senators shall be held on the same day in every second year thereafter.
Classification of Senators
Sec. 8. Immediately after the Senate shall have convened, after the first election, under this Constitution, the Senators shall be divided by 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 Novem- ber, 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 in- creased, such classification of the additional Senators shall be made as to pre- serve, as nearly as may be, an equal number in each class.
Qualifications of Senators and delegates
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 elec- tion, 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 Legis-
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lative District of said City shall have been so long established ; 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.
Ineligibles
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 Con- gress, or be appointed to any office, civil or military, under the Government of the United States, his acceptance thereof shall vacate his seat.
Ineligibles
Sec. II. 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.
Defaulters ineligible
Sec. 12. No Collector, Receiver or holder of public money shall be eligi- ble 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.
Vacancies
Sec. 13. In case of death, disqualification, resignation, refusal to act, expul- sion, 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, a warrant of election shall be issued by the Speaker of the House of Delegates, or President of the Senate, as the case may be, for the election of another person in his place, of which election not less than ten days' notice shall be given, exclusive of the day of the publication of the notice and of the day of election; and if during the recess of the Legislature, and more than ten days before its termination, such death shall occur, or such resignation, refusal to act or disqualification be com- municated in writing to the Governor by the person so resigning, refusing or disqualified, it shall be the duty of the Governor to issue a warrant of election to supply the vacancy thus created, in the same manner the said Speaker or President might have done during the session of the General Assembly ; pro-
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vided, however, that unless a meeting of the General Assembly may intervene, the election thus ordered to fill such vacancy shall be held on the day of the ensuing election for Delegates and Senators.
Time of meeting of Legislature
Sec. 14. The General Assembly shall meet on the first Wednesday of January, eighteen hundred and sixty-eight, and on the same day in every sec- ond year thereafter, and at no other time, unless convened by Proclamation of the Governor.
Limit of sessions - Compensations - Mileage - Extra sessions
Sec. 15. The General Assembly may continue its session so long as in its judgment the public interest may require, for a period not longer than ninety days ; and each member thereof shall receive a compensation of five dollars per diem for every day he shall attend the session, but not for such days as he may be absent, unless absent on account of sickness or by leave of the House of which he is a member; and he shall also receive such mileage as may be allowed by law, not exceeding twenty cents per mile ; and the presid- ing officer of each House shall receive an additional compensation of three dollars per day. When the General Assembly shall be convened by Procla- mation of the Governor, the session shall not continue longer than thirty days, and in such case the compensation shall be the same as herein prescribed.
Books not to be purchased
Sec. 16. No book or other printed matter, not appertaining to the business of the session, shall be purchased or subscribed for, for the use of the mem- bers of the General Assembly, or be distributed among them, at the public expense.
Disqualifications
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