MARYLAND

CONSTITUTION OF THE STATE OF MARYLAND

ADOPTED BY THE CONVENTION

Which Assembled at the City of Annapolis on the Eighth Day of May, Eighteen Hundred and Sixty-seven, and Adjourned

on the Seventeenth Day of August, Eighteen Hundred and Sixty-seven, and was Ratified by the People on the Eighteenth

Day of September, Eighteen Hundred and Sixty-seven, with Amendments through Nineteen Hundred and

Ninety-four.1

DECLARATION OF RIGHTS.

We, the People of the State of Maryland, grateful to Almighty God for our civil and religious liberty, and taking into

our serious consideration the best means of establishing a good Constitution in this State for the sure foundation and more

permanent security thereof, declare:

Article 1. That all Government of right originates

from the People, is founded in compact only, and insti-tuted

solely for the good of the whole; and they have, at

all times, the inalienable right to alter, reform or abolish

their Form of Government in such manner as they may

deem expedient.

Art. 2. The Constitution of the United States, and the

Laws made, or which shall be made, in pursuance thereof,

and all Treaties made, or which shall be made, under the

authority of the United States, are, and shall be the

Supreme Law of the State; and the Judges of this State,

and all the People of this State, are, and shall be bound

thereby; anything in the Constitution or Law of this State

to the contrary notwithstanding.

Art. 3. The powers not delegated to the United States

by the Constitution thereof, nor prohibited by it to the

States, are reserved to the States respectively, or to the people

thereof.

Art. 4. That the People of this State have the sole and

exclusive right of regulating the internal government and

police thereof, as a free, sovereign and independent State.

Art. 5.2 (a) That the Inhabitants of Maryland are enti-tled

to the Common Law of England, and the trial by Jury,

according to the course of that Law, and to the benefit of

such of the English statutes as existed on the Fourth day of

July, seventeen hundred and seventy-six; and which, by

experience, have been found applicable to their local and

other circumstances, and have been introduced, used and

practiced by the Courts of Law or Equity; and also of all

Acts of Assembly in force on the first day of June, eighteen

hundred and sixty-seven; except such as may have since

expired, or may be inconsistent with the provisions of this

Constitution; subject, nevertheless, to the revision of, and

amendment or repeal by, the Legislature of this State. And

the Inhabitants of Maryland are also entitled to all property

derived to them from, or under the Charter granted by His

Majesty Charles the First to Cæcilius Calvert, Baron of

Baltimore.

(b) The parties to any civil proceeding in which the

right to a jury trial is preserved are entitled to a trial by

jury of at least 6 jurors.

(c) That notwithstanding the Common Law of Eng-land,

nothing in this Constitution prohibits trial by jury

of less than 12 jurors in any civil proceeding in which the

right to a jury trial is preserved.

Art. 6. That all persons invested with the Legislative

or Executive powers of Government are the Trustees of

the Public, and, as such, accountable for their conduct:

Wherefore, whenever the ends of Government are per-verted,

and public liberty manifestly endangered, and all

other means of redress are ineffectual, the People may, and

of right ought, to reform the old, or establish a new

Government; the doctrine of non-resistance against arbi-trary

power and oppression is absurd, slavish and destruc-tive

of the good and happiness of mankind.

Art. 7.3 That the right of the People to participate in

the Legislature is the best security of liberty and the

foundation of all free Government; for this purpose, elec-tions

ought to be free and frequent; and every citizen

having the qualifications prescribed by the Constitution,

ought to have the right of suffrage.

Art. 8. That the Legislative, Executive and Judicial

powers of Government ought to be forever separate and

distinct from each other; and no person exercising the

functions of one of said Departments shall assume or

discharge the duties of any other.

Art. 9. That no power of suspending Laws or the

execution of Laws, unless by, or derived from the Legisla-ture,

ought to be exercised, or allowed.

Art. 10. That freedom of speech and debate, or

proceedings in the Legislature, ought not to be impeached

in any Court of Judicature.

Art. 11. That Annapolis be the place of meeting of the

Legislature; and the Legislature ought not to be convened,

or held at any other place but from evident necessity.

Art. 12. That for redress of grievances, and for amend-ing,

strengthening and preserving the Laws, the Legisla-ture

ought to be frequently convened.

Art. 13. That every man hath a right to petition the

Legislature for the redress of grievances in a peaceable and

orderly manner.

Declaration of Rights 908 / Maryland Manual 1996-1997

1 Including amendments proposed by the General Assembly and ratified by the voters through Nov. 8, 1994.

2 Amended by Chapters 203, 204, Acts of 1992, ratified Nov. 3, 1992.

3 Amended by Chapter 357, Acts of 1971, ratified Nov. 7, 1972..

Art. 14. That no aid, charge, tax, burthen or fees

ought to be rated or levied, under any pretense, without

the consent of the Legislature.

Art. 15. 4 That the levying of taxes by the poll is

grievous and oppressive, and ought to be prohibited; that

paupers ought not to be assessed for the support of the

government; that the General Assembly shall, by uniform

rules, provide for the separate assessment, classification and

sub-classification of land, improvements on land and per-sonal

property, as it may deem proper; and all taxes there-after

provided to be levied by the State for the support of

the general State Government, and by the Counties and by

the City of Baltimore for their respective purposes, shall be

uniform within each class or sub-class of land, improve-ments

on land and personal property which the respective

taxing powers may have directed to be subjected to the tax

levy; yet fines, duties or taxes may properly and justly be

imposed, or laid with a political view for the good govern-ment

and benefit of the community.

Art. 16. That sanguinary Laws ought to be avoided

as far as it is consistent with the safety of the State; and no

Law to inflict cruel and unusual pains and penalties ought

to be made in any case, or at any time, hereafter.

Art. 17. That retrospective Laws, punishing acts com-mitted

before the existence of such Laws, and by them

only declared criminal are oppressive, unjust and incom-patible

with liberty; wherefore, no ex post facto Law ought

to be made; nor any retrospective oath or restriction be

imposed, or required.

Art. 18. That no Law to attaint particular persons of

treason or felony, ought to be made in any case, or at any

time, hereafter.

Art. 19. That every man, for any injury done to him

in his person or property, ought to have remedy by the

course of the Law of the Land, and ought to have justice

and right, freely without sale, fully without any denial, and

speedily without delay, according to the Law of the Land.

Art. 20. That the trial of facts, where they arise, is one

of the greatest securities of the lives, liberties and estate of

the People.

Art. 21. That in all criminal prosecutions, every man

hath a right to be informed of the accusation against him;

to have a copy of the Indictment, or charge, in due time

(if required) to prepare for his defence; to be allowed

counsel; to be confronted with the witnesses against him;

to have process for his witnesses; to examine the witnesses

for and against him on oath; and to a speedy trial by an

impartial jury, without whose unanimous consent he

ought not to be found guilty.

Art. 22. That no man ought to be compelled to give

evidence against himself in a criminal case.

Art. 23. 5 In the trial of all criminal cases, the Jury shall

be the Judges of Law, as well as of fact, except that the

Court may pass upon the sufficiency of the evidence to

sustain a conviction.

The right of trial by Jury of all issues of fact in civil

proceedings in the several Courts of Law in this State,

where the amount in controversy exceeds the sum of five

thousand dollars, shall be inviolably preserved.

Art. 24. 6 That no man ought to be taken or impris-oned

or disseized of his freehold, liberties or privileges, or

outlawed, or exiled, or, in any manner, destroyed, or

deprived of his life, liberty or property, but by the judg-ment

of his peers, or by the Law of the land.

Art. 25. That excessive bail ought not to be required,

nor excessive fines imposed, nor cruel or unusual punish-ment

inflicted, by the Courts of Law.

Art. 26. That all warrants, without oath or affirmation,

to search suspected places, or to seize any person or prop-erty,

are grievous and oppressive; and all general warrants

to search suspected places, or to apprehend suspected

persons, without naming or describing the place, or the

person in special, are illegal, and ought not to be granted.

Art. 27. That no conviction shall work corruption of

blood or forfeiture of estate.

Art. 28. That a well regulated Militia is the proper and

natural defence of a free Government.

Art. 29. That Standing Armies are dangerous to lib-erty,

and ought not to be raised, or kept up, without the

consent of the Legislature.

Art. 30. That in all cases, and at all times, the military

ought to be under strict subordination to, and control of,

the civil power.

Art. 31. That no soldier shall, in time of peace, be

quartered in any house, without the consent of the owner,

nor in time of war, except in the manner prescribed by

Law.

Art. 32. That no person except regular soldiers, ma-rines,

and mariners in the service of this State, or militia,

when in actual service, ought, in any case, to be subject

to, or punishable by Martial Law.

Art. 33. 7 That the independency and uprightness of

Judges are essential to the impartial administration of

Justice, and a great security to the rights and liberties of the

People: Wherefore, the Judges shall not be removed, except

in the manner, and for the causes provided in this Consti-tution.

No Judge shall hold any other office, civil, or

military or political trust, or employment of any kind,

whatsoever, under the Constitution or Laws of this State,

or of the United States, or any of them; except that a judge

may be a member of a reserve component of the armed

forces of the United States or a member of the militia of

the United States or this State; or receive fees, or perquisites

of any kind, for the discharge of his official duties.

Art. 34. 8 That a long continuance in the Executive

Departments of power or trust is dangerous to liberty; a

rotation, therefore, in those departments is one of the best

securities of permanent freedom.

Art. 35. 9 That no person shall hold, at the same time,

more than one office of profit, created by the Constitution

Maryland Manual 1996-1997 Constitution of Maryland / 909

4 Amended by Chapter 390, Acts of 1914, ratified Nov. 2, 1915; Chapter 64, Acts of 1960, ratified Nov. 8, 1960.

5 Amended by Chapter 407, Acts of 1949, ratified Nov. 7, 1950; Chapter 789, Acts of 1969, ratified Nov. 3, 1970. Transferred

from Article XV, secs. 5 and 6, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978. Amended by Chapters 205, 206, Acts of

1992, ratified Nov. 3, 1992.

6 Amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.

7 Amended by Chapter 61, Acts of 1990, ratified Nov. 6, 1990.

8 Amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978..or Laws of this State; nor shall any person in public trust

receive any present from any foreign Prince or State, or

from the United States, or any of them, without the

approbation of this State. The position of Notary Public

shall not be considered an office of profit within the

meaning of this Article. Membership in the militia of this

State shall not be considered an office of profit within the

meaning of this article: nor shall any remuneration re-ceived

as a consequence of membership in a reserve com-ponent

of the armed forces of the United States or of

membership in the militia of the United States or of this

State be considered a present within the meaning of this

article.

Art. 36. 10 That as it is the duty of every man to

worship God in such manner as he thinks most acceptable

to Him, all persons are equally entitled to protection in

their religious liberty; wherefore, no person ought by any

law to be molested in his person or estate, on account of

his religious persuasion, or profession, or for his religious

practice, unless, under the color of religion, he shall

disturb the good order, peace or safety of the State, or shall

infringe the laws of morality, or injure others in their

natural, civil or religious rights; nor ought any person to

be compelled to frequent, or maintain, or contribute,

unless on contract, to maintain, any place of worship, or

any ministry; nor shall any person, otherwise competent,

be deemed incompetent as a witness, or juror, on account

of his religious belief; provided, he believes in the existence

of God, and that under His dispensation such person will

be held morally accountable for his acts, and be rewarded

or punished therefor either in this world or in the world

to come.

Nothing shall prohibit or require the making reference

to belief in, reliance upon, or invoking the aid of God or

a Supreme Being in any governmental or public docu-ment,

proceeding, activity, ceremony, school, institution,

or place.

Nothing in this article shall constitute an establishment

of religion.

Art. 37. That no religious test ought ever to be

required as a qualification for any office of profit or trust

in this State, other than a declaration of belief in the

existence of God; nor shall the Legislature prescribe any

other oath of office than the oath prescribed by this

Constitution.

Art. 38. 11 Vacant.

Art. 39. That the manner of administering an oath or

affirmation to any person, ought to be such as those of the

religious persuasion, profession, or denomination, of

which he is a member, generally esteem the most effectual

confirmation by the attestation of the Divine Being.

Art. 40. That the liberty of the press ought to be

inviolably preserved; that every citizen of the State ought

to be allowed to speak, write and publish his sentiments on

all subjects, being responsible for the abuse of that privilege.

Art. 41. That monopolies are odious, contrary to the

spirit of a free government and the principles of commerce,

and ought not to be suffered.

Art. 42. That no title of nobility or hereditary honors

ought to be granted in this State.

Art. 43. 12 That the Legislature ought to encourage

the diffusion of knowledge and virtue, the extension of a

judicious system of general education, the promotion of

literature, the arts, sciences, agriculture, commerce and

manufactures, and the general melioration of the condi-tion

of the People. The Legislature may provide that land

actively devoted to farm or agricultural use shall be as-sessed

on the basis of such use and shall not be assessed as

if sub-divided.

Art. 44. That the provisions of the Constitution of the

United States, and of this State, apply, as well in time of

war, as in time of peace; and any departure therefrom, or

violation thereof, under the plea of necessity, or any other

plea, is subversive of good Government, and tends to

anarchy and despotism.

Art. 45. This enumeration of Rights shall not be

construed to impair or deny others retained by the People.

Art. 46. 13 Equality of rights under the law shall not

be abridged or denied because of sex.

Art. 47. 14 (a) A victim of crime shall be treated by

agents of the State with dignity, respect, and sensitivity

during all phases of the criminal justice process.

(b) In a case originating by indictment or information

filed in a circuit court, a victim of crime shall have the right

to be informed of the rights established in this Article and,

upon request and if practicable, to be notified of, to attend,

and to be heard at a criminal justice proceeding, as these

rights are implemented and the terms “crime”, “criminal

justice proceeding”, and “victim” are specified by law.

(c) Nothing in this Article permits any civil cause of

action for monetary damages for violation of any of its

provisions or authorizes a victim of crime to take any

action to stay a criminal justice proceeding.

CONSTITUTION

ARTICLE I.

ELECTIVE FRANCHISE.

SECTION 1.15 All elections shall be by ballot. Every

citizen of the United States, of the age of 18 years or

upwards, who is a resident of the State as of the time for

the closing of registration next preceding the election,

shall be entitled to vote in the ward or election district in

which he resides at all elections to be held in this State. A

person once entitled to vote in any election district, shall

Article I 910 / Maryland Manual 1996-1997

9 Amended by Chapter 129, Acts of 1964, ratified Nov. 8, 1964; Chapter 61, Acts of 1991, ratified Nov. 6, 1990.

10 Amended by Chapter 558, Acts of 1970, ratified Nov. 3, 1970.

11 Amended by Chapter 623, Acts of 1947, ratified Nov. 2, 1948. Repealed by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.

12 Amended by Chapter 65, Acts of 1960, ratified Nov. 8, 1960.

13 Added by Chapter 366, Acts of 1972, ratified Nov. 7, 1972. Amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.

14 Added by Chapter 102, Acts of 1994, ratified Nov. 8, 1994.

15 Amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956; Chapter 784, Acts of 1969, ratified Nov. 3, 1970; Chapter 681,

Acts of 1977, ratified Nov. 7, 1978..be entitled to vote there until he shall have acquired a

residence in another election district or ward in this State.

SEC. 1A.16 Vacant.

SEC. 2. 17 The General Assembly shall provide by law

for a uniform registration of the names of all voters in this

State, who possess the qualifications prescribed in this

Article, which Registration shall be conclusive evidence to

the Judges of Election of the right of every person, thus

registered, to vote at any election thereafter held in this

State; but no person shall vote, at any election, Federal or

State, hereafter to be held in this State, or at any municipal

election in the City of Baltimore, unless his name appears

in the list of registered voters; the names of all persons shall

be added to the list of qualified voters by the officers of

Registration, who have the qualifications prescribed in the

first section of this Article, and who are not disqualified

under the provisions of the second and third sections

thereof.

SEC. 3. 18 The General Assembly of Maryland shall

have power to provide by suitable enactment for voting by

qualified voters of the State of Maryland who are absent

at the time of any election in which they are entitled to

vote and for voting by other qualified voters who are

unable to vote personally and for the manner in which and

the time and place at which such absent voters may vote,

and for the canvass and return of their votes.

SEC. 4. 19 The General Assembly by law may regulate

or prohibit the right to vote of a person convicted of

infamous or other serious crime or under care or guardi-anship

for mental disability.

SEC. 5. 20 It shall be the duty of the General Assembly

to pass Laws to punish, with fine and imprisonment, any

person, who shall remove into any election district, or

precinct of any ward of the City of Baltimore, not for the

purpose of acquiring a bona fide residence therein, but for

the purpose of voting at an approaching election, or, who

shall vote in any election district, or ward, in which he does

not reside (except in the case provided for in this Article),

or shall, at the same election, vote in more than one

election district, or precinct, or shall vote, or offer to vote,

in any name not his own, or in place of any other person

of the same name, or shall vote in any county in which he

does not reside.

SEC. 6. 21 If any person shall give, or offer to give,

directly or indirectly, any bribe, present or reward, or any

promise, or any security, for the payment or delivery of

money, or any other thing, to induce any voter to refrain

from casting his vote, or to prevent him in any way from

voting, or to procure a vote for any candidate or person

proposed, or voted for as the elector of President, and Vice

President of the United States, or Representative in Con-gress

or for any office of profit or trust, created by the

Constitution or Laws of this State, or by the Ordinances,

or Authority of the Mayor and City Council of Baltimore,

the person giving, or offering to give and the person

receiving the same, and any person who gives or causes to

be given, an illegal vote, knowing it to be such, at any

election to be hereafter held in this State, shall, on convic-tion

in a Court of Law, in addition to the penalties now

or hereafter to be imposed by law, be forever disqualified

to hold any office of profit or trust, or to vote at any

election thereafter. But the General Assembly may in its

discretion remove the above penalty and all other penalties

upon the vote seller so as to place the penalties for the

purchase of votes on the vote buyer alone.

SEC. 7. 22 The General Assembly shall pass Laws

necessary for the preservation of the purity of Elections.

SEC. 8. 23 The General Assembly, shall make provi-sions

for all cases of contested elections of any of the

officers, not herein provided for.

SEC. 9. 24 Every person elected, or appointed, to any

office of profit or trust, under this Constitution, or under

the Laws, made pursuant thereto, shall, before he enters

upon the duties of such office, take and subscribe the

following oath, or affirmation: I, _______________, do

swear, (or affirm, as the case may be), that I will support

the Constitution of the United States; and that I will be

faithful and bear true allegiance to the State of Maryland,

and support the Constitution and Laws thereof; and that

I will, to the best of my skill and judgment, diligently and

faithfully, without partiality or prejudice, execute the office

of________________, according to the Constitution and

Laws of this State, (and, if a Governor, Senator, Member

of the House of Delegates, or Judge,) that I will not

directly or indirectly, receive the profits or any part of the

profits of any other office during the term of my acting

as___________.

SEC. 10. 25 Any officer elected or appointed in pursu-ance

of the provisions of this Constitution, may qualify,

either according to the existing provisions of law, in

relation to officers under the present Constitution, or

before the Governor of the State, or before any Clerk of

any Court of Record in any part of the State; but in case

an officer shall qualify out of the County in which he

resides, an official copy of his oath shall be filed and

recorded in the Clerk’s office of the Circuit Court of the

County in which he may reside, or in the Clerk’s office of

the Superior Court of the City of Baltimore, if he shall

reside therein. All words or phrases, used in creating public

Maryland Manual 1996-1997 Constitution of Maryland / 911

16 Added by Chapter 20, Acts of 1918, ratified Nov. 5, 1918. Amended by Chapter 480, Acts of 1953, ratified Nov. 2, 1954;

Chapter 100, Acts of 1956, ratified Nov. 6, 1956; Chapter 881, Acts of 1974, ratified Nov. 5, 1974. Renumbered as Art. I,

sec. 3, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.

17 Originally Article I, sec. 5, thus renumbered by Chapter 681, Acts of 1977, ratified Nov. 7, 1978. As sec. 5 it was amended by

Chapter 99, Acts of 1956, ratified Nov. 6, 1956.

18 Originally Article I, sec. 1A, thus renumbered by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.

19 Originally Article I, sec. 2, thus renumbered by Chapter 681, Acts of 1977, ratified Nov. 7, 1978. As sec. 2 it was amended by

Chapter 368, Acts of 1972, ratified Nov. 7, 1972.

20 Originally Article I, sec. 4, thus renumbered by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.

21 Originally Article I, sec. 3, thus renumbered by Chapter 681, Acts of 1977, ratified Nov. 7, 1978. As sec. 3 it was amended by

Chapter 602, Acts of 1912, ratified Nov. 4, 1913.

22 Transferred from Article III, sec. 42, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978. Previous sec. 7 renumbered as Art.

I, sec. 11, by same act and ratification.

23 Transferred from Article III, sec. 47, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.

24 Originally Article I, sec. 6, renumbered by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.

25 Transferred from Article XV, sec. 10, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978. As Art. XV, sec. 10, it was amended

by Chapter 275, Acts of 1922, ratified Nov. 7, 1922..offices and positions under the Constitution and laws of

this State, which denote the masculine gender shall be

construed to include the feminine gender, unless the

contrary intention is specifically expressed.

SEC. 11. 26 Every person, hereafter elected, or ap-pointed,

to office, in this State, who shall refuse, or

neglect, to take the oath, or affirmation of office, provided

for in the ninth section of this Article, shall be considered

as having refused to accept the said office; and a new

election, or appointment, shall be made, as in case of

refusal to accept, or resignation of an office; and any

person violating said oath, shall, on conviction thereof, in

a Court of Law, in addition to the penalties now, or

hereafter, to be imposed by Law, be thereafter incapable

of holding any office of profit or trust in this State.

SEC. 12. 27 Except as otherwise specifically provided

herein, a person is ineligible to enter upon the duties of,

or to continue to serve in, an elective office created by or

pursuant to the provisions of this Constitution if the

person was not a registered voter in this State on the date

of the person’s election or appointment to that term or if,

at any time thereafter and prior to completion of the term,

the person ceases to be a registered voter.

ARTICLE II.

EXECUTIVE DEPARTMENT.

SECTION 1.28 The executive power of the State shall

be vested in a Governor, whose term of office shall com-mence

on the third Wednesday of January next ensuing

his election, and continue for four years, and until his

successor shall have qualified; and a person who has served

two consecutive popular elective terms of office as Gover-nor

shall be ineligible to succeed himself as Governor for

the term immediately following the second of said two

consecutive popular elective terms.

SEC. 1A.29 There shall be a Lieutenant Governor, who

shall have only the duties delegated to him by the Governor

and shall have such compensation as the General Assembly

shall provide by law, except that beginning in the year 1978

the salary of the Lieutenant Governor shall be as provided

under Section 21A of this Article. No person who is

ineligible under this Constitution to be elected Governor

shall be eligible to hold the office of Lieutenant Governor.

SEC. 1B.30 Each candidate who shall seek a nomina-tion

for Governor, under any method provided by law for

such nomination, including primary elections, shall at the

time of filing for said office designate a candidate for

Lieutenant Governor, and the names of the said candidate

for Governor and Lieutenant Governor shall be listed on

the primary election ballot, or otherwise considered for

nomination jointly with each other. No candidate for

Governor may designate a candidate for Lieutenant Gov-ernor

to contest for the said offices jointly with him

without the consent of the said candidate for Lieutenant

Governor, and no candidate for Lieutenant Governor may

designate a candidate for Governor, to contest jointly for

said offices with him without the consent of the said

candidate for Governor, said consent to be in writing on

a form provided for such purpose and filed at the time the

said candidates shall file their certificates of candidacy, or

other documents by which they seek nomination. In any

election, including a primary election, candidates for Gov-ernor

and Lieutenant Governor shall be listed jointly on

the ballot, and a vote cast for the candidate for Governor

shall also be cast for Lieutenant Governor jointly listed on

the ballot with him, and the election of Governor, or the

nomination of a candidate for Governor, also shall consti-tute

the election for the same term, or the nomination, of

the Lieutenant Governor who was listed on the ballot or

was being considered jointly with him.

SEC. 2. 31 An election for Governor and Lieutenant

Governor, under this Constitution, shall be held on the

Tuesday next after the first Monday of November, in the

year nineteen hundred and seventy-four, 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 and Lieutenant Gover-nor;

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 elec-tion.

SEC. 3. 32 The Speaker of the House of Delegates shall

then open the said Returns, in the presence of both

Houses; and the persons having the highest number of

votes for these offices, and being Constitutionally eligible,

shall be the Governor and Lieutenant Governor, and shall

qualify, in the manner herein prescribed, on the third

Wednesday of January next ensuing his election, or as soon

thereafter as may be practicable.

SEC. 4. 33 If two or more sets of persons shall have the

highest and an equal number of votes for Governor and

Lieutenant Governor, one set of them shall be chosen

Governor and Lieutenant Governor, by the Senate and

House of Delegates; and all questions in relation to the

eligibility of Governor and Lieutenant 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 person having the highest number of

votes for Governor or for Lieutenant Governor or both of

them, be ineligible, 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 Lieu-tenant

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

Article II 912 / Maryland Manual 1996-1997

26 Originally Article I, sec. 7, thus renumbered and amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.

27 Added by Chapter 788, Acts of 1984, ratified Nov. 6, 1984.

28 Amended by Chapter 109, Acts of 1947, ratified Nov. 2, 1948; Chapter 161, Acts of 1964, ratified Nov. 3, 1964; Chapter

576, Acts of 1970, ratified Nov. 3, 1970.

29 Amended by Chapter 532, Acts of 1970, ratified Nov. 3, 1970; Chapter 543, Acts of 1976, ratified Nov. 2, 1976.

30 Added by Chapter 532, Acts of 1970, ratified Nov. 3, 1970.

31 Amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956; Chapter 532, Acts of 1970, ratified Nov. 3, 1970.

32 Amended by Chapter 161, Acts of 1964, ratified Nov. 3, 1964; Chapters 532 and 576, Acts of 1970, ratified Nov. 3, 1970.

33 Amended by Chapter 532, Acts of 1970, ratified Nov. 3, 1970..determined by lot between those sets, who shall have the

highest and an equal number on the first vote.

SEC. 5. 34 A person to be eligible for the office of

Governor or Lieutenant Governor must have attained the

age of thirty years, and must have been a resident and

registered voter of the State for five years next immediately

preceding his election.

SEC. 6. 35 (a) If the Governor-elect is disqualified,

resigns, or dies, the Lieutenant Governor-elect shall be-come

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

Governor 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 Lieutenant 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 disabil-ity

to perform the duties of his office. When action is

undertaken pursuant to this subsection of the Constitu-tion,

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

unable by reason of the disability to perform the duties of

his office. If the Court of Appeals determines that such

officer is unable to discharge the duties of his office by

reason of a permanent disability, the office shall be vacant.

If the Court of Appeals determines that such officer is

unable to discharge the duties of his office by reason of a

temporary disability, it shall declare the office to be vacant

during the time of the disability and the Court shall have

continuing jurisdiction to determine when the disability

has terminated. If the General Assembly and the Court of

Appeals, acting in the same manner as described above,

determine that the Governor-elect or Lieutenant Gover-nor-

elect is unable by reason of physical or mental disabil-ity

to perform the duties of the office to which he has been

elected, he shall be disqualified to assume office.

(d) When a vacancy occurs in the office of Governor,

the Lieutenant Governor shall succeed to that office for

the remainder of the term. When a vacancy occurs in the

office of Lieutenant Governor, the Governor shall nomi-nate

a person who shall succeed to that office upon

confirmation by the affirmative vote of a majority of all

members of the General Assembly in joint session.

(e) If vacancies in the offices of Governor and Lieutenant

Governor exist at the same time, the General Assembly shall

convene forthwith, and the office of Governor shall be filled

for the remainder of the term by the affirmative vote of a

majority of all members of the General Assembly in joint

session. The person so chosen as Governor by the General

Assembly shall then nominate a person to succeed to the

office of Lieutenant Governor, upon confirmation by the

affirmative vote of a majority of all members of the General

Assembly in the same joint session. The President of the

Senate shall serve as acting Governor until the newly elected

Governor has qualified. If a vacancy exists in the office of

Lieutenant Governor, at a time when the Lieutenant Gov-ernor

is authorized to serve as acting Governor, the Presi-dent

of the Senate shall serve as acting Governor. If there is

a vacancy in the office of the President of the Senate at a time

when he is authorized to serve as acting Governor, the

Senate shall forthwith convene and fill the vacancy.

(f) When the Lieutenant Governor or a person elected

by the General Assembly succeeds to the office of Gover-nor,

he shall have the title, powers, duties, and emolu-ments

of that office; but when the Lieutenant Governor

or the president of the Senate serves as acting Governor,

he shall have only the powers and duties of that office.

When the President of the Senate serves as acting Gover-nor,

he shall continue to be President of the Senate, but

his duties as president shall be performed by such other

person as the Senate shall select.

(g) The Court of Appeals shall have original and

exclusive jurisdiction to adjudicate disputes or questions

arising from the failure of the Governor-elect to take

office, or the service of the Lieutenant Governor or Presi-dent

of the Senate as acting Governor, or the creation of

a vacancy in the office of Governor or Lieutenant Gover-nor

by reason of disability, or the succession to the office

of Governor or Lieutenant Governor, or the exercise of

the powers and duties of a successor to the office of

Governor.

SEC. 7. 36 The Legislature may provide by law, not

inconsistent with Section 26 of Article III of this Consti-tution,

for the impeachment of the Governor and Lieu-tenant

Governor.

SEC. 7A.37 Vacant.

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 insurrections,

and enforce the execution of the Laws; but shall not take

the command in person, without the consent of the Legis-lature.

SEC. 9. He shall take care that the Laws are faithfully

executed.

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 appointment, or election, is not

otherwise herein provided for, unless a different mode of

appointment be prescribed by the Law creating the office.

SEC. 11. 38 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,

Maryland Manual 1996-1997 Constitution of Maryland / 913

34 Amended by Chapter 532, Acts of 1970, ratified Nov. 3, 1970.

35 Amended by Chapter 743, Acts of 1959, ratified Nov. 8, 1960; Chapter 532, Acts of 1970, ratified Nov. 3, 1970.

36 Amended by Chapter 743, Acts of 1959, ratified Nov. 8, 1960; Chapter 532, Acts of 1970, ratified Nov. 3, 1970.

37 Added by Chapter 532, Acts of 1970, ratified Nov. 3, 1970. Repealed by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.

38 Amended by Chapter 626, Acts of 1955, ratified Nov. 6, 1956..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 on the first day of the next

regular meeting of the 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.

SEC. 13. 39 All civil officers nominated by the Gover-nor

and subject to confirmation by the Senate, shall be

nominated to the Senate within forty days from the com-mencement

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 Monday

of May next ensuing their appointment, and continue for

two years, (unless removed from office), and until their

successors, respectively, qualify according to Law.

SEC. 14. If a vacancy shall occur, during the session of

the Senate, in any office which the Governor and the

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.

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 re-ceived

appointment from the Executive for a term of years.

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.

SEC. 17. 40 (a) To guard against hasty or partial

legislation and encroachment of the Legislative Depart-ment

upon the co-ordinate Executive and Judicial Depart-ments,

every Bill passed by the House of Delegates and

the Senate, before it becomes a law, shall be presented to

the Governor of the State. If the Governor approves 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. Each House may adopt by rule a veto

calendar procedure that permits bills that are to be recon-sidered

to be read and voted upon as a single group. The

members of each House shall be afforded reasonable

notice of the bills to be placed on each veto calendar. Upon

the objection of a member, any bill shall be removed from

the veto calendar. If, after such reconsideration, three-fifths

of the members elected to that House pass the Bill,

it shall be sent with the objections to the other House, by

which it shall likewise be reconsidered, and if it passes by

three-fifths of the members elected to that House it shall

become a law. The votes of both Houses shall be deter-

mined by yeas and nays, and the names of the persons

voting for and against the Bill shall be entered on the

Journal of each House respectively.

(b) If any Bill presented to the Governor while the

General Assembly is in session is not returned by him with

his objections within six days (Sundays excepted), the bill

shall be a law in like manner as if he signed it, unless the

General Assembly, by adjournment, prevents its return, in

which case it shall not be a law.

(c) Any Bill presented to the Governor within six days

(Sundays excepted), prior to adjournment of any session of

the General Assembly, or after such adjournment, shall

become law without the Governor’s signature unless it is

vetoed by the Governor within 30 days after its presentment.

(d) Any Bill vetoed by the Governor shall be returned

to the House in which it originated immediately after the

House has organized at the next regular or special session

of the General Assembly. The Bill may then be reconsid-ered

according to the procedure specified in this section.

Any Bill enacted over the veto of the Governor, or any Bill

which shall become law as the result of the failure of the

Governor to act within the time specified, shall take effect

30 days after the Governor’s veto is over-ridden, or on the

date specified in the Bill, whichever is later. If the Bill is an

emergency measure, it shall take effect when enacted. No

such vetoed Bill shall be returned to the Legislature when

a new General Assembly of Maryland has been elected and

sworn since the passage of the vetoed Bill.

(e) 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 appropriations disapproved shall be void unless repassed

according to the rules or limitations prescribed for the

passage of other Bills over the Executive veto.

SEC. 18. It shall be the duty of the Governor, semi-annually

(and oftener, if he deem it expedient) to examine

under oath the Treasurer and Comptroller of the State on

all matters pertaining to their respective offices; and in-spect

and review their Bank and other Account Books.

SEC. 19. He shall, from time to time, inform the

Legislature of the conditions of the State and recommend

to their consideration such measures as he may judge

necessary and expedient.

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 Constitu-tion;

and to remit fines and forfeitures for offences 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, recommen-dations

and reasons, which influenced his decision.

SEC. 21. 41 The Governor shall reside at the seat of

government, and, from and after the fourth Wednesday in

Article II 914 / Maryland Manual 1996-1997

39 Amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956; Chapter 161, Acts of 1964, ratified Nov. 3, 1964; Chapter 576,

Acts of 1970, ratified Nov. 3, 1970.

40 Amended by Chapter 194, Acts of 1890, ratified Nov. 3, 1891; Chapter 714, Acts of 1949, ratified Nov. 7, 1950; Chapter

664, Acts of 1959, ratified Nov. 8, 1960; Chapter 883, Acts of 1974, ratified Nov. 5, 1974; Chapter 793, Acts of 1988,

ratified Nov. 8, 1988..January 1967, shall receive for his services an annual salary

of Twenty-five Thousand Dollars, except that beginning

in the year 1978 the salary of the Governor shall be as

provided in Section 21A of this Article.

SEC. 21A.42 (a) The salaries of the Governor and

Lieutenant Governor shall be as provided in this section.

(b) The Governor’s Salary Commission is created. It

consists of seven members: The State Treasurer; three

appointed by the President of the Senate; and three ap-pointed

by the Speaker of the House of Delegates. Mem-bers

of the General Assembly and officers and employees

of the State or a political subdivision of the State are not

eligible for appointment to the Commission. The mem-bers

of the Commission shall elect a member to be chair-man,

and the concurrence of at least five members is

required for any formal Commission action. The terms of

members shall be for 4 years, except that the persons first

appointed to the Commission shall serve from June 1,

1977 until May 31, 1980. The members of the Commis-sion

are eligible for reappointment. Members shall serve

without compensation but shall be reimbursed for ex-penses

incurred in carrying out responsibilities under this

section.

(c) Within ten days after the commencement of the

regular session of the General Assembly in 1978, and

within ten days after the commencement of the regular

session of the General Assembly each fourth year thereaf-ter,

the Commission shall make a written recommendation

to the Governor, Lieutenant Governor, and other mem-bers

of the General Assembly as to the salary of the

Governor and Lieutenant Governor.

(d) The recommendation shall be introduced as a joint

resolution in each house of the General Assembly not later

than the fifteenth day of the session. The General Assembly

may amend the joint resolution to decrease the recom-mended

salaries, but may not amend the joint resolution to

increase the recommended salaries. If the General Assembly

fails to adopt a joint resolution in accordance with this

section within 50 days after its introduction, the salaries

recommended by the Commission shall apply. If the General

Assembly amends the joint resolution in accordance with

this section, the salaries specified in the joint resolution, as

amended, shall apply. If the Commission recommends no

salary change, a joint resolution shall not be introduced.

(e) The Commission may not recommend salaries

lower than that received by the incumbent Governor at

the time the recommendation is made; and the General

Assembly may not amend the joint resolution to provide

for salaries lower than that received by the incumbent

Governor and Lieutenant Governor.

(f) A change in salary resulting from either Commis-sion

recommendation or amended joint resolution under

this section shall take effect at the beginning of the next

ensuing term of the Governor and Lieutenant Governor.

(g) Commission inaction or failure of the Commission

to meet the requirements of this section with respect to

proposing a change in salary for the Governor and Lieu-tenant

Governor shall result in no change in salary.

SEC. 22. 43 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 re-moved

by the Governor, till the end of the official term of

the Governor from whom he received his appointment,

and receive such annual salary as the General Assembly

may from time to time by law prescribe.

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.

SEC. 24. 44 The Governor may make changes in the

organization of the Executive Branch of the State Govern-ment,

including the establishment or abolition of depart-ments,

offices, agencies, and instrumentalities, and the

reallocation or reassignment of functions, powers, and

duties among the departments, offices, agencies, and in-strumentalities

of the Executive Branch. Where these

changes are inconsistent with existing law, or create new

governmental programs they shall be set forth in executive

orders in statutory form which shall be submitted to the

General Assembly within the first ten days of a regular

session. An executive order that has been submitted shall

become effective and have the force of law on the date

designated in the Order unless specifically disapproved,

within fifty days after submission, by a resolution of disap-proval

concurred in by a majority vote of all members of

either House of the General Assembly. No executive order

reorganizing the Executive Branch shall abolish any office

established by this Constitution or shall change the powers

and duties delegated to particular officers or departments

by this Constitution.

ARTICLE III.

LEGISLATIVE DEPARTMENT.

SECTION 1. The Legislature shall consist of two

distinct branches; a Senate, and a House of Delegates; and

shall be styled the General Assembly of Maryland.

SEC. 2. 45 The membership of the Senate shall consist

of forty-seven (47) Senators. The membership of the

House of Delegates shall consist of one hundred forty-one

(141) Delegates.

SEC. 3. 46 The State shall be divided by law into legis-lative

districts for the election of members of the Senate and

the House of Delegates. Each legislative district shall contain

one (1) Senator and three (3) Delegates. Nothing herein

shall prohibit the subdivision of any one or more of the

legislative districts for the purpose of electing members of

Maryland Manual 1996-1997 Constitution of Maryland / 915

41 Amended by Chapter 315, Acts of 1953, ratified Nov. 2, 1954; Chapter 641, Acts of 1965, ratified Nov. 8, 1966; Chapter

543, Acts of 1976, ratified Nov. 2, 1976.

42 Added by Chapter 543, Acts of 1976, ratified Nov. 2, 1976.

43 Amended by Chapter 42, Acts of 1954, ratified Nov. 2, 1954.

44 Added by Chapter 790, Acts of 1969, ratified Nov. 3, 1970.

45 Amended by Chapter 469, Acts of 1900, ratified Nov. 5, 1901; Chapter 7, Acts of 1922, ratified Nov. 7, 1922; Chapter 99,

Acts of 1956, ratified Nov. 6, 1956; Chapter 785, Acts of 1969, ratified Nov. 3, 1970; Chapter 363, Acts of 1972, ratified

Nov. 7, 1972.

46 Amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956; Chapter 785, Acts of 1969, ratified Nov. 3, 1970; Chapter 363,

Acts of 1972, ratified Nov. 7, 1972..the House of Delegates into three (3) single-member

delegate districts or one (1) single-member delegate dis-trict

and one (1) multi-member delegate district.

SEC. 4. 47 Each legislative district shall consist of

adjoining territory, be compact in form, and of substan-tially

equal population. Due regard shall be given to

natural boundaries and the boundaries of political subdi-visions.

SEC. 5. 48 Following each decennial census of the

United States and after public hearings, the Governor shall

prepare a plan setting forth the boundaries of the legisla-tive

districts for electing of the members of the Senate and

the House of Delegates.

The Governor shall present the plan to the President

of the Senate and Speaker of the House of Delegates who

shall introduce the Governor’s plan as a joint resolution

to the General Assembly, not later than the first day of its

regular session in the second year following every census,

and the Governor may call a special session for the pres-entation

of his plan prior to the regular session. The plan

shall conform to Sections 2, 3 and 4 of this Article.

Following each decennial census the General Assembly

may by joint resolution adopt a plan setting forth the

boundaries