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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 of the
legislative districts for the election of
members of the Senate
and the House of Delegates, which
plan shall conform to
Sections 2, 3 and 4 of this Article.
If a plan has been
adopted by the General Assembly by the
45th day after the
opening of the regular session of the
General Assembly in
the second year following every
census, the plan
adopted by the General Assembly shall
become law. If no plan
has been adopted by the General
Assembly for these
purposes by the 45th day after the
opening of the regular
session of the General Assembly in
the second year
following every census, the Governor’s
plan presented to the
General Assembly shall become law.
Upon petition of any
registered voter, the Court of
Appeals shall have
original jurisdiction to review the legis-lative
districting of the
State and may grant appropriate
relief, if it finds
that the districting of the State is not
consistent with
requirements of either the Constitution of
the United States of
America, or the Constitution of Mary-land.
SEC. 6. 49 A
member of the General Assembly shall be
elected by the
registered voters of the legislative or dele-gate
district from which he
seeks election, to serve for a
term of four years
beginning on the second Wednesday of
January following his
election.
SEC. 7. 50 The
election for Senators and Delegates
shall take place on
the Tuesday next, after the first Monday
in the month of
November, nineteen hundred and fifty-eight,
and in every fourth
year thereafter.
SEC. 8. 51
Vacant.
SEC. 9. 52 A
person is eligible to serve as a Senator or
Delegate, who on the
date of his election, (1) is a citizen of
the State of Maryland,
(2) has resided therein for at least one
year next preceding
that date, and (3) if the district which
he has been chosen to
represent has been established for at
least six months prior
to the date of his election, has resided
in that district for
six months next preceding that date.
If the district which
the person has been chosen to
represent has been
established less than six months prior
to the date of his
election, then in addition to (1) and (2)
above, he shall have
resided in the district for as long as it
has been established.
A person is eligible
to serve as a Senator, if he has
attained the age of
twenty-five years, or as a Delegate, if
he has attained the
age of twenty-one years, on the date
of his election.
SEC. 10. 53 No
member of Congress, or person hold-ing
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 Congress, or be
appointed to any office, civil, or
military, under the
Government of the United States, his
acceptance thereof,
shall vacate his seat; except that a
Senator or Delegate
may be a member of a reserve com-ponent
of the armed forces of
the United States or a
member of the militia
of the United States or this State.
SEC. 11. 54 No
person holding any civil office of
profit, or trust,
under this State shall be eligible as Senator
or Delegate.
SEC. 12. No
Collector, Receiver, or Holder of public
money shall be
eligible 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.
SEC. 13. 55 (a)
(1) In case of death, disqualification,
resignation, refusal
to act, expulsion, 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, the Governor
shall appoint a person to fill such
vacancy from a person
whose name shall be submitted to
him in writing, within
thirty days after the occurrence of the
vacancy, by the
Central Committee of the political party, if
any, with which the
Delegate or Senator, so vacating, had
been affiliated, at
the time of the last election or appointment
of the vacating
Senator or Delegate, in the County or District
Article III 916 /
Maryland Manual 1996-1997
47 Amended by
Chapter 432, Acts of 1900, ratified Nov. 5, 1901; Chapter 20, 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.
48 Amended by
Chapter 226, Acts of 1949, ratified Nov. 7, 1950; 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; Chapter
681, Acts of 1977, ratified
Nov. 7, 1978.
49 Amended by
Chapter 99, Acts of 1956, ratified Nov. 6, 1956; Chapter 785, Acts of
1969, ratified Nov. 3, 1970; Chapter 681,
Acts of 1977, ratified
Nov. 7, 1978.
50 Amended by
Chapter 99, Acts of 1956, ratified Nov. 6, 1956.
51 Repealed by
Chapter 99, Acts of 1956, ratified Nov. 6, 1956.
52 Amended by
Chapter 880, Acts of 1974, ratified Nov. 5, 1974; Chapter 681, Acts of
1977, ratified Nov. 7, 1978.
53 Amended by
Chapter 61, Acts of 1990, ratified Nov. 6, 1990.
54 Amended by
Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
55 Amended by
Chapter 584, Acts of 1935, ratified Nov. 3, 1936; Chapter 162, Acts of
1966, ratified Nov. 8, 1966; Chapter
681, Acts of 1977,
ratified Nov. 7, 1978; Chapter 649, Acts of 1986, ratified Nov. 4,
1986..from which he or she was appointed or elected, provided
that the appointee
shall be of the same political party, if
any, as was that of
the Delegate or Senator, whose office
is to be filled, at
the time of the last election or appoint-ment
of the vacating
Delegate or Senator, and it shall be
the duty of the
Governor to make said appointment within
fifteen days after the
submission thereof to him.
(2) If a name is not
submitted by the Central Commit-tee
within thirty days
after the occurrence of the vacancy,
the Governor within
another period of fifteen days shall
appoint a person, who
shall be affiliated with the same
political party, if
any as was that of the Delegate or Senator,
whose office is to be
filled, at the time of the last election
or appointment of the
vacating Delegate or Senator, and
who is otherwise
properly qualified to hold the office of
Delegate or Senator in
the District or County.
(3) In the event there
is no Central Committee in the
County or District
from which said vacancy is to be filled,
the Governor shall
within fifteen days after the occurrence
of such vacancy
appoint a person, from the same political
party, if any, as that
of the vacating Delegate or Senator, at
the time of the last
election or appointment of the vacating
Senator or Delegate,
who is otherwise properly qualified to
hold the office of
Delegate or Senator in such District or
County.
(4) In every case when
any person is so appointed by
the Governor, his
appointment shall be deemed to be for
the unexpired term of
the person whose office has become
vacant.
(b) In addition, and
in submitting a name to the
Governor to fill a
vacancy in a legislative or delegate
district, as the case
may be, in any of the twenty-three
counties of Maryland,
the Central Committee or commit-tees
shall follow these
provisions:
(1) If the vacancy
occurs in a district having the same
boundaries as a
county, the Central Committee of the
county shall submit
the name of a resident of the district.
(2) If the vacancy
occurs in a district which has bounda-ries
comprising a portion
of one county, the Central
Committee of that
county shall submit the name of a
resident of the
district.
(3) If the vacancy
occurs in a district which has boundaries
comprising a portion
or all of two or more counties, the Central
Committee of each
county involved shall have one vote for
submitting the name of
a resident of the district; and if there
is a tie vote between
or among the Central Committees, the
list of names there
proposed shall be submitted to the Gover-nor,
and he shall make the
appointment from the list.
SEC. 14.56 The
General Assembly shall meet on the
second Wednesday of
January, nineteen hundred and seventy-one,
and on the same day in
every year thereafter, and at no
other time, unless
convened by Proclamation of the Governor.
A Proclamation
convening the General Assembly in extraor-dinary
session must be issued
by the Governor if a majority of
the members elected to
the Senate and a majority of the
members elected to the
House of Delegates join in a petition
to the Governor
requesting that he convene the General
Assembly in
extraordinary session, and the Governor shall
convene the General
Assembly on the date specified in the
petition. This section
does not affect the Governor’s power to
convene the General
Assembly in extraordinary session
pursuant to Section 16
of Article II of this Constitution.
SEC. 15. 57 (1)
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 in
each year. The ninety
days shall be consecutive unless
otherwise provided by
law. The General Assembly may
extend its session
beyond ninety days, but not exceeding
an additional thirty
days, by resolution concurred in by a
three-fifths vote of
the membership in each House. When
the General Assembly
is convened by Proclamation of the
Governor, the session
shall not continue longer than thirty
days, but no
additional compensation other than mileage
and other allowances
provided by law shall be paid mem-bers
of the General
Assembly for special session.
(2) Any compensation
and allowances paid to members
of the General
Assembly shall be as established by a commis-sion
known as the General
Assembly Compensation Com-mission.
The Commission shall
consist of nine members, five
of whom shall be
appointed by the Governor, two of whom
shall be appointed by
the President of the Senate, and two
of whom shall be
appointed by the Speaker of the House of
Delegates. Members of
the General Assembly and officers
and employees of the
Government of the State of Maryland
or of any county,
city, or other governmental unit of the State
shall not be eligible
for appointment to the Commission.
Members of the
Commission shall be appointed for terms
of four years
commencing on June 1 of each gubernatorial
election year. Members
of the Commission are eligible for
re-appointment. Any
member of the Commission may be
removed by the
Governor prior to the expiration of his term
for official
misconduct, incompetence, or neglect of duty.
The members shall
serve without compensation but shall be
reimbursed for
expenses incurred in carrying out their re-sponsibilities
under this section.
Decisions of the Commis-sion
must be concurred in
by at least five members.
(3) Within 15 days
after the beginning of the regular
session of the General
Assembly in 1974 and within 15 days
after the beginning of
the regular session in each fourth year
thereafter, the
Commission by formal resolution shall sub-mit
its determinations for
compensation and allowances to
the General Assembly.
The General Assembly may reduce
or reject, but shall
not increase any item in the resolution.
The resolution, with
any reductions that shall have been
concurred in by joint
resolution of the General Assembly,
shall take effect and
have the force of law as of the beginning
of the term of office
of the next General Assembly. Rates
of compensation and
pensions shall be uniform for all
members of the General
Assembly, except that the officers
of the Senate and the
House of Delegates may receive
higher compensation as
determined by the General Assem-bly
Compensation
Commission. The provisions of the
Compensation
Commission resolution shall continue in
force until superseded
by any succeeding resolution.
(4) In no event shall
the compensation and allowances
be less than they were
prior to the establishment of the
Compensation
Commission.
SEC. 16. No
book, or other printed matter not
appertaining to the
business of the session, shall be pur-chased,
or subscribed for, for
the use of the members of
Maryland Manual
1996-1997 Constitution of Maryland / 917
56 Amended by
Chapter 497, 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.
57 Amended by
Chapter 695, Acts of 1941, ratified Nov. 3, 1942; Chapter 497, 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;
Chapter 541, Acts of 1976,
ratified Nov. 2, 1976;
Chapter 681, Acts of 1977, ratified Nov. 7, 1978..the General Assembly,
or be distributed among them, at
the public expense.
SEC. 17. No
Senator or Delegate, after qualifying as
such, notwithstanding
he may thereafter resign, shall dur-ing
the whole period of
time, for which he was elected, be
eligible to any
office, which shall have been created, or the
salary, or profits of
which shall have been increased, during
such term.
SEC. 18. No
Senator or Delegate shall be liable in any
civil action, or
criminal prosecution, whatever, for words
spoken in debate.
SEC. 19.58 Each
House shall be judge of the qualifi-cations
and elections of its
members, as prescribed by the
Constitution and Laws
of the State, and shall appoint its
own officers,
determine the rules of its own proceedings,
punish a member for
disorderly or disrespectful behaviour
and with the consent
of two-thirds of its whole number of
members elected, expel
a member; but no member shall
be expelled a second
time for the same offence.
SEC. 20. A
majority of the whole number of members
elected to each House
shall constitute a quorum for the
transaction of
business; but a smaller number may adjourn
from day to day, and
compel the attendance of absent
members, in such
manner, and under such penalties, as
each House may
prescribe.
SEC. 21. The
doors of each House, and of the
Committee of the
Whole, shall be open, except when the
business is such as
ought to be kept secret.
SEC. 22. Each
House shall keep a Journal of its
proceedings, and cause
the same to be published. The yeas
and nays of members on
any question, shall at the call of
any five of them in
the House of Delegates, or one in the
Senate, be entered on
the Journal.
SEC. 23. Each
House may punish by imprisonment,
during the session of
the General Assembly, any person, not
a member, for
disrespectful, or disorderly behavior in its
presence, or for
obstructing any of its proceedings, or any
of its officers in the
execution of their duties; provided, such
imprisonment shall
not, at any one time, exceed ten days.
SEC. 24. The
House of Delegates may inquire, on the
oath of witnesses,
into all complaints, grievances and of-fences,
as the grand inquest
of the State, and may commit
any person, for any
crime, to the public jail, there to remain,
until discharged by
due course of Law. They may examine
and pass all accounts
of the State, relating either to the
collection or
expenditure of the revenue, and appoint
auditors to state and
adjust the same. They may call for all
public, or official
papers and records, and send for persons,
whom they may judge
necessary in the course of their
inquiries, concerning
affairs relating to the public interest,
and may direct all
office bonds which shall be made payable
to the State, to be
sued for any breach thereof; and with a
view to the more
certain prevention, or correction of the
abuses in the
expenditures of the money of the State, the
General Assembly shall
create, at every session thereof, a
Joint Standing
Committee of the Senate and House of
Delegates, who shall
have power to send for persons, and
examine them on oath,
and call for Public, or Official Papers
and Records, and whose
duty it shall be to examine and
report upon all
contracts made for printing stationery, and
purchases for the
Public offices, and the Library, and all
expenditures therein,
and upon all matters of alleged abuse
in expenditures, to
which their attention may be called by
Resolution of either
House of the General Assembly.
SEC. 25.
Neither House shall, without the consent of
the other, adjourn for
more than three days, at any one
time, nor adjourn to
any other place, than that in which
the House shall be
sitting, without the concurrent vote of
two-thirds of the
members present.
SEC. 26. The
House of Delegates shall have the sole
power of impeachment
in all cases; but a majority of all
the members elected
must concur in the impeachment. All
impeachments shall be
tried by the Senate, and when
sitting for that
purpose, the Senators shall be on oath, or
affirmation, to do
justice according to the law and evi-dence;
but no person shall be
convicted without the
concurrence of
two-thirds of all the Senators elected.
SEC. 27. 59 (a)
Any bill may originate in either House
of the General
Assembly and be altered, amended or rejected
by the other. No bill
shall originate in either House during
the last thirty-five
calendar days of a regular session, unless
two-thirds of the
members elected thereto shall so determine
by yeas and nays, and
in addition the two Houses by joint
and similar rule may
further regulate the right to introduce
bills during this
period. A Bill may not become a law until it
is read on three
different days of the session in each House,
unless two-thirds of
the members elected to the House
where such bill is
pending determine by yeas and nays, and
no bill shall be read
a third time until it shall have been
actually engrossed or
printed for a third reading.
(b) Each House may
adopt by rule a “consent calen-dar”
procedure permitting
bills to be read and voted upon
as a single group on
first, second and third readings,
provided that the
members of each House are afforded
reasonable notice of
the bills to be placed upon each
“consent calendar.”
Upon the objection of any member,
any bill in question
shall be removed from the “consent
calendar.”
SEC. 28. 60 No
bill, nor single group of bills placed on
the “consent
calendar,” shall become a Law unless it be
passed in each House
by a majority of the whole number
of members elected,
and on its final passage, the yeas and
nays be recorded, and
on final passage of the bills placed
on the “consent
calendar” the yeas and nays on the entire
group of bills be
recorded. A resolution requiring the
action of both Houses
shall be passed in the same manner.
SEC. 29. The
style of all Laws of this State shall be,
“Be it enacted by the
General Assembly of Maryland:” and
all Laws shall be
passed by original bill; and every Law
enacted by the General
Assembly shall embrace but one
subject, and that
shall be described in its title; and no Law,
nor section of Law,
shall be revived, or amended by
reference to its
title, or section only; nor shall any Law be
construed by reason of
its title, to grant powers, or confer
rights which are not
expressly contained in the body of the
Act; and it shall be
the duty of the General Assembly, in
amending any article,
or section of the Code of Laws of
this State, to enact
the same, as the said article, or section
would read when
amended. And whenever the General
Article III 918 /
Maryland Manual 1996-1997
58 Amended by
Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
59 Amended by
Chapter 497, Acts of 1912, ratified Nov. 4, 1913; Chapter 616, Acts of
1955, ratified Nov. 6, 1956; Chapter
161, Acts of 1964,
ratified Nov. 3, 1964; Chapter 576, Acts of 1970, ratified Nov. 3, 1970;
Chapter 369, Acts of 1972,
ratified Nov. 7, 1972;
Chapter 793, Acts of 1988, ratified Nov. 8, 1988.
60 Amended by
Chapter 369, Acts of 1972, ratified Nov. 7, 1972..Assembly shall enact
any Public General Law, not amen-datory
of any section, or
article in the said Code, it shall
be the duty of the
General Assembly to enact the same, in
articles and sections,
in the same manner, as the Code is
arranged, and to
provide for the publication of all addi-tions
and alterations, which
may be made to the said Code.
SEC. 30. 61
Every bill, when passed by the General
Assembly, and sealed
with the Great Seal, shall be pre-sented
by the presiding
officer of the House in which it
originated to the
Governor for his approval. All bills passed
during a regular or
special session shall be presented to the
Governor for his
approval no later than 20 days after
adjournment. Within 30
days after presentment, if the
Governor approves the
bill, he shall sign the same in the
presence of the
presiding officers and Chief Clerks of the
Senate and House of
Delegates. Every Law shall be re-corded
in the office of the
Court of Appeals, and in due
time, be printed,
published and certified under the Great
Seal, to the several
Courts, in the same manner as has been
heretofore usual in
this State.
SEC. 31. 62 A
Law passed by the General Assembly
shall take effect the
first day of June next after the session
at which it may be
passed, unless it be otherwise expressly
declared therein or
provided for in this Constitution.
SEC. 32. No
money shall be drawn from the Treasury
of the State, by any
order or resolution, nor except in
accordance with an
appropriation by Law; and every such
Law shall distinctly
specify the sum appropriated, and the
object, to which it
shall be applied; provided, that nothing
herein contained,
shall prevent the General Assembly from
placing a contingent
fund at the disposal of the Executive,
who shall report to
the General Assembly, at each Session,
the amount expended,
and the purposes to which it was
applied. An accurate
statement of the receipts and expen-ditures
of the public money,
shall be attached to, and
published with the
Laws, after each regular Session of the
General Assembly.
SEC. 33. The
General Assembly shall not pass local,
or special Laws, in
any of the following enumerated cases,
viz.: For extending
the time for the collection of taxes;
granting divorces;
changing the name of any person;
providing for the sale
of real estate, belonging to minors,
or other persons
laboring under legal disabilities, by ex-ecutors,
administrators,
guardians or trustees; giving ef-fect
to informal, or
invalid deeds or wills; refunding money
paid into the State
Treasury, or releasing persons from
their debts, or
obligations to the State, unless recom-mended
by the Governor, or
officers of the Treasury
Department. And the
General Assembly shall pass no
special Law, for any
case, for which provision has been
made, by an existing
General Law. The General Assembly,
at its first Session
after the adoption of this Constitution,
shall pass General
Laws, providing for the cases enumer-ated
in this section, which
are not already adequately
provided for, and for
all other cases, where a General Law
can be made
applicable.
SEC. 34. 63 No
debt shall be hereafter contracted by
the General Assembly
unless such debt shall be authorized
by a law providing for
the collection of an annual tax or
taxes sufficient to
pay the interest on such debt as it falls
due, and also to
discharge the principal thereof within
fifteen years from the
time of contracting the same; and
the taxes laid for
this purpose shall not be repealed or
applied to any other
object until the said debt and interest
thereon shall be fully
discharged. The annual tax or taxes
required to be
collected shall not be collected in the event
that sufficient funds
to pay the principal and interest on
the debt are
appropriated for this purpose in the annual
State budget. The
credit of the State shall not in any
manner be given, or
loaned to, or in aid of any individual
association or
corporation; nor shall the General Assembly
have the power to
involve the State in the construction of
works of internal
improvement which shall involve the
faith or credit of the
State, except in aid of the construction
of works of internal
improvement in the counties of St.
Mary’s, Charles and
Calvert, which have had no direct
advantage from such
works as have been heretofore aided
by the State; and
provided that such aid, advances or
appropriations shall
not exceed in the aggregate the sum
of five hundred
thousand dollars. And they shall not use
or appropriate the
proceeds of the internal improvement
companies, or of the
State tax, now levied, or which may
hereafter be levied,
to pay off the public debt or to any
other purpose until
the interest and debt are fully paid or
the sinking fund shall
be equal to the amount of the
outstanding debt; but
the General Assembly may author-ize
the Board of Public
Works to direct the State Treasurer
to borrow in the name
of the State, in anticipation of the
collection of taxes or
other revenues, including proceeds
from the sale of
bonds, such sum or sums as may be
necessary to meet
temporary deficiencies in the treasury,
to preserve the best
interest of the State in the conduct of
the various State
institutions, departments, bureaus, and
agencies during each
fiscal year. Subject to the approval of
the Board of Public
Works and as provided by law, the
State Treasurer is
authorized to make and sell short-term
notes—in the name of
the State, in anticipation of the
collection of taxes or
other revenues, including proceeds
from the sale of bonds
to meet temporary deficiencies in
the Treasury, but such
notes must only be made to provide
for appropriations
already made by the General Assembly.
Any revenues
anticipated for the purpose of short-term
notes, made and sold
under the authority of this section,
must be so certain as
to be readily estimable as to the time
of receipt of the
revenues and as to the amount of the
revenues. The General
Assembly may contract debts to
any amount that may be
necessary for the defense of the
State, and provided
further that nothing in this section
shall be construed to
prohibit the raising of funds for the
purpose of aiding or
compensating in such manner or way
as the General
Assembly of the State shall deem proper,
those citizens of the
State who have served, with honor,
their Country and
State in time of War; provided, however,
that such action of
the General Assembly shall be effective
only when submitted to
and approved by a vote of the
people of the State at
the General Election next following
the enactment of such
legislation.
SEC. 35. 64
Extra compensation may not be granted or
allowed by the General
Assembly to any public Officer,
Agent, Servant or
Contractor, after the service has been
Maryland Manual
1996-1997 Constitution of Maryland / 919
61 Amended by
Chapter 883, Acts of 1974, ratified Nov. 5, 1974.
62 Amended by
Chapter 883, Acts of 1974, ratified Nov. 5, 1974.
63 Amended by
Chapter 327, Acts of 1924, ratified Nov. 4, 1924; Chapter 234, Acts of
1959, ratified Nov. 8, 1960; Chapter
372, Acts of 1972,
ratified Nov. 7, 1972; Chapter 551, Acts of 1976, ratified Nov. 2, 1976;
Chapter 600, Acts of 1982,
ratified Nov. 2, 1982.
64 Amended by
Chapter 416, Acts of 1957, ratified Nov. 4, 1958; Chapter 547, Acts of
1976, ratified Nov. 2, 1976; Chapter
976, Acts of 1978,
ratified Nov. 7, 1978..rendered, or the contract entered into; nor may
the salary
or compensation of any
public officer be increased or
diminished during his
term of office except those whose
full term of office is
fixed by law in excess of 4 years.
However, after January
1, 1956, for services rendered after
that date, the salary
or compensation of any appointed
public officer of the
Mayor and City Council of Baltimore
may be increased or
diminished at any time during his term
of office; except that
as to officers in the Classified City
Service, when the
salary of any appointed public officer of
the Mayor and City
Council of Baltimore however, in-creased
or decreased, it may
not again be increased or
decreased, as the case
may be, during the term of such
public officer.
SEC. 35A.65
Nothing in this Constitution shall ex-empt
the salary or
compensation of any judge or other
public officer from
the imposition by the General Assem-bly
of a
non-discriminatory tax upon income.
SEC. 36. 66 No
Lottery grant shall ever hereafter be
authorized by the
General Assembly, unless it is a lottery
to be operated by and
for the benefit of the State.
SEC. 37. 67
Vacant.
SEC. 38. 68 No
person shall be imprisoned for debt,
but a valid decree of
a court of competent jurisdiction or
agreement approved by
decree of said court for the sup-port
of a spouse or
dependent children, or for the support
of an illegitimate
child or children, or for alimony (either
common law or as
defined by statute), shall not constitute
a debt within the
meaning of this section.
SEC. 39. 69 The
books, papers and accounts of all
banks shall be open to
inspection under such regulations
as may be prescribed
by law.
SEC. 40. The
General Assembly shall enact no Law
authorizing private
property to be taken for public use
without just
compensation, as agreed upon between the
parties, or awarded by
a jury, being first paid or tendered
to the party entitled
to such compensation.
SEC. 40A.70 The
General Assembly shall enact no law
authorizing private
property to be taken for public use
without just
compensation, to be agreed upon between the
parties, or awarded by
a jury, being first paid or tendered to
the party entitled to
such compensation, but where such
property is situated
in Baltimore City and is desired by this
State or by the Mayor
and City Council of Baltimore, the
General Assembly may
provide that such property may be
taken immediately upon
payment therefor to the owner or
owners thereof by the
State or by the Mayor and City
Council of Baltimore,
or into court, such amount as the State
or the Mayor and City
Council of Baltimore, as the case may
be, shall estimate to
be the fair value of said property,
provided such
legislation also requires the payment of any
further sum that may
subsequently be added by a jury; and
further provided that
the authority and procedure for the
immediate taking of
property as it applies to the Mayor and
City Council of
Baltimore on June 1, 1961, shall remain
in force and effect to
and including June 1, 1963, and
where such property is
situated in Baltimore County and
is desired by
Baltimore County, Maryland, the County
Council of Baltimore
County, Maryland, may provide for
the appointment of an
appraiser or appraisers by a Court
of Record to value
such property and that upon payment
of the amount of such
evaluation, to the party entitled to
compensation, or into
Court, and securing the payment
of any further sum
that may be awarded by a jury, such
property may be taken;
and where such property is situated
in Montgomery County
and in the judgment of and upon
a finding by the
County Council of said County that there
is immediate need
therefor for right of way for County
roads or streets, the
County Council may provide that such
property may be taken
immediately upon payment there-for
to the owner or owners
thereof, or into court, such
amount as a licensed
real estate broker appointed by the
County Council shall
estimate to be the fair market value
of such property,
provided that the Council shall secure
the payment of any
further sum that may subsequently be
awarded by a jury. In
the various municipal corporations
within Cecil County,
where in the judgment of and upon
a finding by the
governing body of said municipal corpo-ration
that there is
immediate need therefor for right of
way for municipal
roads, streets and extension of munici-pal
water and sewage
facilities, the governing body may
provide that such
property may be taken immediately
upon payment therefor
to the owner or owners thereof,
or into court, such
amount as a licensed real estate broker
appointed by the
particular governing body shall estimate
to be a fair market
value of such property, provided that
the municipal
corporation shall secure the payment of any
further sum that
subsequently may be awarded by a jury.
This Section 40A shall
not apply in Montgomery County
or any of the various
municipal corporations within Cecil
County, if the
property actually to be taken includes a
building or buildings.
SEC. 40B.71 The
General Assembly shall enact no law
authorizing private
property to be taken for public use
without just
compensation, to be agreed upon between
the parties or awarded
by a jury, being first paid or
tendered to the party
entitled to such compensation,
except that where such
property in the judgment of the
State Roads Commission
is needed by the State for high-way
purposes, the General
Assembly may provide that
such property may be
taken immediately upon payment
therefor to the owner
or owners thereof by said State
Roads Commission, or
into Court, such amount as said
State Roads Commission
shall estimate to be of the fair
value of said
property, provided such legislation also re-quires
the payment of any
further sum that may sub-sequently
be awarded by a jury.
SEC. 40C.72 The
General Assembly shall enact no law
authorizing private
property to be taken for public use
without just
compensation, to be agreed upon between
Article III 920 /
Maryland Manual 1996-1997
65 Added by
Chapter 771, Acts of 1939, ratified Nov. 5, 1940.
66 Amended by
Chapter 364, Acts of 1972, ratified Nov. 7, 1972.
67 Repealed by
Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
68 Amended by
Chapter 14, Acts of 1950, ratified Nov. 7, 1950; Chapter 121, Acts of
1962, ratified Nov. 6, 1962; Chapter 321,
Acts of 1982, ratified
Nov. 2, 1982.
69 Amended by
Chapter 151, Acts of Sp. Sess. of 1936, ratified Nov. 3, 1936.
70 Amended by
Chapter 402, Acts of 1912, ratified Nov. 4, 1913; Chapters 224 and 604,
Acts of 1959, ratified Nov. 8, 1960;
Chapter 329, Acts of
1961, ratified Nov. 6, 1962; Chapter 100, Acts of 1962, ratified Nov. 6,
1962; Chapter 304, Acts of
1966, ratified Nov. 8,
1966.
71 Added by
Chapter 607, Acts of 1941, ratified Nov. 3, 1942.
72 Added by
Chapter 781, Acts of 1965, ratified Nov. 8, 1966..the parties or awarded
by a jury, being first paid or
tendered to the party
entitled to such compensation,
except that where such
property, located in Prince
George’s County in
this State, is in the judgment of the
Washington Suburban
Sanitary Commission needed for
water supply, sewerage
and drainage systems to be ex-tended
or constructed by the
said Commission, the Gen-eral
Assembly may provide
that such property, except any
building or buildings
may be taken immediately upon
payment therefor by
the condemning authority to the
owner or owners
thereof or into the Court to the use of
the person or persons
entitled thereto, such amount as the
condemning authority
shall estimate to be the fair value
of said property,
provided such legislation requires that the
condemning authority’s
estimate be not less than the
appraised value of the
property being taken as evaluated
by at least one
qualified appraiser, whose qualifications
have been accepted by
a Court of Record of this State, and
also requires the
payment of any further sum that may
subsequently be
awarded by a jury, and provided such
legislation limits the
condemning authority’s utilization of
the acquisition
procedures specified in this section to
occasions where it has
acquired or is acquiring by purchase
or other procedures
one-half or more of the several takings
of land or interests
in land necessary for any given water
supply, sewerage or
drainage extension or construction
project.
SEC. 40D.73
Vacant.
SEC. 41. 74
Vacant.
SEC. 42. 75
Vacant.
SEC. 43. The
property of the wife shall be protected
from the debts of her
husband.
SEC. 44. 76
Laws shall be passed by the General
Assembly, to protect
from execution a reasonable amount
of the property of the
debtor.
SEC. 45. 77 The
General Assembly shall provide a
simple and uniform
system of charges in the offices of
Clerks of Courts and
Registers of Wills, in the Counties
of this State and the
City of Baltimore, and for the
collection thereof;
provided, the amount of compensation
to any of the said
officers in the various Counties and in
the City of Baltimore
shall be such as may be prescribed
by law.
SEC. 46. The
General Assembly shall have power to
receive from the
United States, any grant, or donation of
land, money, or
securities for any purpose designated by
the United States, and
shall administer, or distribute the
same according to the
conditions of the said grant.
SEC. 47. 78
Vacant.
SEC. 48. 79
Corporations may be formed under gen-eral
laws, but shall not be
created by Special Act, except
for municipal purposes
and except in cases where no
general laws exist,
providing for the creation of corpora-tions
of the same general
character, as the corporation
proposed to be
created; and any act of incorporation
passed in violation of
this section shall be void. All charters
granted, or adopted in
pursuance of this section, and all
charters heretofore
granted and created, subject to repeal
or modification, may
be altered, from time to time, or be
repealed; Provided,
nothing herein contained shall be
construed to extend to
Banks, or the incorporation
thereof. The General
Assembly shall not alter or amend
the charter, of any
corporation existing at the time of the
adoption of this
Article, or pass any other general or special
law for the benefit of
such corporation, except upon the
condition that such
corporation shall surrender all claim
to exemption from
taxation or from the repeal or modifi-cation
of its charter, and
that such corporation shall there-after
hold its charter
subject to the provisions of this
Constitution; and any
corporation chartered by this State
which shall accept,
use, enjoy, or in any wise avail itself of
any rights,
privileges, or advantages that may hereafter be
granted or conferred
by any general or special Act, shall
be conclusively
presumed to have thereby surrendered any
exemption from
taxation to which it may be entitled under
its charter, and shall
be thereafter subject to taxation as if
no such exemption has
been granted by its charter.
SEC. 49. The
General Assembly shall have power to
regulate by Law, not
inconsistent with this Constitution,
all matters which
relate to the Judges of election, time,
place and manner of
holding elections in this State, and of
making returns
thereof.
SEC. 50. It
shall be the duty of the General Assembly,
at its first session,
held after the adoption of this Consti-tution,
to provide by Law for
the punishment, by fine, or
imprisonment in the
Penitentiary, or both, in the discre-tion
of the Court, of any
person, who shall bribe, or
attempt to bribe, any
Executive, or Judicial officer of the
State of Maryland, or
any member, or officer, of the
General Assembly of
the State of Maryland, or of any
Municipal corporation
in the State of Maryland, or any
Executive officer of
such corporation, in order to influence
him in the performance
of any of his official duties; and,
also, to provide by
Law for the punishment, by fine, or
imprisonment in the
Penitentiary, or both, in the discre-tion
of the Court, of any
of said officers, or members, who
shall demand, or
receive any bribe, fee, reward, or testi-monial,
for the performance of
his official duties, or for
neglecting, or failing
to perform the same; and, also, to
provide by Law for
compelling any person, so bribing, or
attempting to bribe,
or so demanding, or receiving a bribe,
fee, reward, or
testimonial, to testify against any person,
or persons, who may
have committed any of said offenses;
provided, that any
person, so compelled to testify, shall be
exempted from trial
and punishment for the offense, of
which he may have been
guilty; and any person, convicted
of such offence,
shall, as part of the punishment thereof,
be forever
disfranchised and disqualified from holding any
office of trust, or
profit, in this State.
SEC. 51. 80 The
personal property of residents of this
State, shall be
subject to taxation in the County or City
where the resident
bona fide resides for the greater part of
the year for which the
tax may or shall be levied, and not
elsewhere, except
goods and chattels permanently located,
which shall be taxed
in the City or County where they are
Maryland Manual
1996-1997 Constitution of Maryland / 921
73 Repealed by
Chapter 683, Acts of 1977, ratified Nov. 7, 1978.
74 Repealed by
Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
75 Transferred
to Article I, sec. 7, by Chapter 681, Acts of 1977, ratified Nov. 7,
1978.
76 Amended by
Chapter 549, Acts of 1976, ratified Nov. 2, 1976.
77 Amended by
Chapter 509, Acts of 1941, ratified Nov. 3, 1942.
78 Transferred
to Article I, sec. 8, by Chapter 681, Acts of 1977, ratified Nov. 7,
1978.
79 Amended by
Chapter 195, Acts of 1890, ratified Nov. 3, 1891.
80 Amended by
Chapter 426, Acts of 1890, ratified Nov. 3, 1891..so located, but the
General Assembly may by law provide
for the taxation of
mortgages upon property in this State
and the debts secured
thereby, in the County or City where
such property is
situated.
SEC. 52. 81 (1)
The General Assembly shall not ap-propriate
any money out of the
Treasury except in accord-ance
with the provisions of
this section.
(2) Every
appropriation bill shall be either a Budget
Bill, or a
Supplementary Appropriation Bill, as hereinafter
provided.
(3)82 On the third
Wednesday in January in each year,
(except in the case of
a newly elected Governor, and then
not later than ten
days after the convening of the General
Assembly), unless such
time shall be extended by the General
Assembly, the Governor
shall submit to the General Assem-bly
a Budget for the next
ensuing fiscal year. Each Budget
shall contain a
complete plan of proposed expenditures and
estimated revenues for
said fiscal year and shall show the
estimated surplus or
deficit of revenues at the end of the
preceding fiscal year.
Accompanying each Budget shall be a
statement showing: (a)
the revenues and expenditures for
the preceding fiscal
year; (b) the current assets, liabilities,
reserves and surplus
or deficit of the State; (c) the debts and
funds of the State;
(d) an estimate of the State’s financial
condition as of the
beginning and end of the preceding fiscal
year; (e) any
explanation the Governor may desire to make
as to the important
features of the Budget and any sugges-tions
as to methods for
reduction or increase of the State’s
revenue.
(4)83 Each Budget
shall embrace an estimate of all
appropriations in such
form and detail as the Governor shall
determine or as may be
prescribed by law, as follows: (a) for
the General Assembly
as certified to the Governor in the
manner hereinafter
provided; (b) for the Executive Depart-ment;
(c) for the Judiciary
Department, as provided by law,
as certified to the
Governor; (d) to pay and discharge the
principal and interest
of the debt of the State in conformity
with Section 34 of
Article 3 of the Constitution, and all laws
enacted in pursuance
thereof; (e) for the salaries payable by
the State and under
the Constitution and laws of the State;
(f) for the
establishment and maintenance throughout the
State of a thorough
and efficient system of public schools
in conformity with
Article 8 of the Constitution and with
the laws of the State;
and (g) for such other purposes as are
set forth in the
Constitution or laws of the State.
(5)84 The Governor
shall deliver to the presiding
officer of each House
the Budget and a bill for all the
proposed
appropriations of the Budget classified and in
such form and detail
as he shall determine or as may be
prescribed by law; and
the presiding officer of each House
shall promptly cause
said bill to be introduced therein, and
such bill shall be
known as the “Budget Bill.” The Gover-nor
may, with the consent
of the General Assembly, before
final action thereon
by the General Assembly, amend or
supplement said Budget
to correct an oversight, provide
funds contingent on
passage of pending legislation or, in
case of an emergency,
by delivering such an amendment
or supplement to the
presiding officers of both Houses;
and such amendment or
supplement shall thereby become
a part of said Budget
Bill as an addition to the items of
said bill or as a
modification of or a substitute for any item
of said bill such
amendment or supplement may affect.
(5a)85 The Budget and
the Budget Bill as submitted
by the Governor to the
General Assembly shall have a
figure for the total
of all proposed appropriations and a
figure for the total
of all estimated revenues available to
pay the
appropriations, and the figure for total proposed
appropriations shall
not exceed the figure for total esti-mated
revenues. Neither the
Governor in submitting an
amendment or
supplement to the Budget Bill nor the
General Assembly in
amending the Budget Bill shall
thereby cause the
figure for total proposed appropriations
to exceed the figure
for total estimated revenues, including
any revisions, and in
the Budget Bill as enacted the figure
for total estimated
revenues always shall be equal to or
exceed the figure for
total appropriations.
(6)86 The General
Assembly shall not amend the
Budget Bill so as to
affect either the obligations of the State
under Section 34 of
Article 3 of the Constitution, or the
provisions made by the
laws of the State for the estab-lishment
and maintenance of a
system of public schools or
the payment of any
salaries required to be paid by the State
of Maryland by the
Constitution thereof; and the General
Assembly may amend the
bill by increasing or diminishing
the items therein
relating to the General Assembly, and by
increasing or
diminishing the items therein relating to the
judiciary, but except
as hereinbefore specified, may not alter
the said bill except
to strike out or reduce items therein,
provided, however,
that the salary or compensation of any
public officer shall
not be decreased during his term of
office; and such bill,
when and as passed by both Houses,
shall be a law
immediately without further action by the
Governor.
(7) The Governor and
such representatives of the
executive departments,
boards, officers and commissions
of the State expending
or applying for State’s moneys, as
have been designated
by the Governor for this purpose,
shall have the right,
and when requested by either House
of the General
Assembly, it shall be their duty to appear
and be heard with
respect to any Budget Bill during the
consideration thereof,
and to answer inquiries relative
thereto.
(8)87 Supplementary
Appropriation Bill. Either House
may consider other
appropriations but both Houses shall
not finally act upon
such appropriations until after the
Budget Bill has been
finally acted upon by both Houses,
and no such other
appropriation shall be valid except in
accordance with the
provisions following: (a) Every such
appropriation shall be
embodied in a separate bill limited
to some single work,
object or purpose therein stated and
called herein a
Supplementary Appropriation Bill; (b)
Each Supplementary
Appropriation Bill shall provide the
revenue necessary to
pay the appropriation thereby made
by a tax, direct or
indirect, to be levied and collected as
shall be directed in
said bill; (c) No Supplementary Ap-propriation
Bill shall become a
law unless it be passed in
each House by a vote
of a majority of the whole number
of the members
elected, and the yeas and nays recorded
Article III 922 /
Maryland Manual 1996-1997
81 Amended by
Chapter 159, Acts of 1916, ratified Nov. 7, 1916; Chapter 497, Acts of
1947, ratified Nov. 2, 1948.
82 Amended by
Chapter 725, Acts of 1955, ratified Nov. 6, 1956; Chapter 161, Acts of
1964, ratified Nov. 3, 1964.
83 Amended by
Chapter 20, Acts of 1952, ratified Nov. 4, 1952; Chapter 62, Acts of
1990, ratified Nov. 6, 1990.
84 Amended by
Chapter 20, Acts of 1952, ratified Nov. 4, 1952.
85 Added by
Chapter 745, Acts of 1973, ratified Nov. 5, 1974.
86 Amended by
Chapter 373, Acts of 1972, ratified Nov. 7, 1972.
87 Amended by
Chapter 416, Acts of 1966, ratified Nov. 8, 1966..on its final passage;
(d) Each Supplementary Appropria-tion
Bill shall be
presented to the Governor of the State as
provided in Section 17
of Article 2 of the Constitution and
thereafter all the
provisions of said section shall apply.
(9) Nothing in this
section shall be construed as
preventing the General
Assembly from passing at any time,
in accordance with the
provisions of Section 28 of Article
3 of the Constitution
and subject to the Governor’s power
of approval as
provided in Section 17 of Article 2 of the
Constitution, an
appropriation bill to provide for the
payment of any
obligation of the State within the protec-tion
of Section 10 of
Article 1 of the Constitution of the
United States.
(10)88 If the Budget
Bill shall not have been finally acted
upon by the
Legislature seven days before the expiration of
the regular session,
the Governor shall issue a proclamation
extending the session
for some further period as may, in his
judgment, be necessary
for the passage of such bill; but no
other matter than such
bill shall be considered during such
extended session
except a provision for the cost thereof.
(11)89 For the purpose
of making up the Budget, the
Governor shall require
from the proper State officials (in-cluding
all executive
departments, all executive and admin-istrative
offices, bureaus,
boards, commissions and agencies
that expend or
supervise the expenditure of, and all institu-tions
applying for State
moneys and appropriations) such
itemized estimates and
other information, in such form and
at such times as
directed by the Governor. An estimate for a
program required to be
funded by a law which will be in
effect during the
fiscal year covered by the Budget and which
was enacted before
July 1 of the fiscal year prior to that date
shall provide a level
of funding not less than that prescribed
in the law. The
estimates for the Legislative Department,
certified by the
presiding officer of each House, of the
Judiciary, as provided
by law, certified by the Chief Judge of
the Court of Appeals,
and for the public schools, as provided
by law, shall be
transmitted to the Governor, in such form
and at such times as
directed by the Governor, and shall be
included in the Budget
without revision.
(12)90 The Governor
may provide for public hearings
on all estimates and
may require the attendance at such
hearings of
representatives of all agencies, and for all
institutions applying
for State moneys. After such public
hearings he may, in
his discretion, revise all estimates
except those for the
legislative and judiciary departments,
and for the public
schools, as provided by law, and except
that he may not reduce
an estimate for a program below
a level of funding
prescribed by a law which will be in effect
during the fiscal year
covered by the Budget, and which
was enacted before
July 1 of the fiscal year prior thereto.
(13) The General
Assembly may, from time to time,
enact such laws not
inconsistent with this section, as may
be necessary and
proper to carry out its provisions.
(14) In the event of
any inconsistency between any of
the provisions of this
Section and any of the other provi-sions
of the Constitution,
the provisions of this Section
shall prevail. But
nothing herein shall in any manner affect
the provisions of
Section 34 of Article 3 of the Constitu-tion
or of any laws
heretofore or hereafter passed in
pursuance thereof, or
be construed as preventing the
Governor from calling
extraordinary sessions of the Gen-eral
Assembly, as provided
by Section 16 of Article 2, or
as preventing the
General Assembly at such extraordinary
sessions from
considering any emergency appropriation or
appropriations.
(15) If any item of
any appropriation bill passed under
the provisions of this
Section shall be held invalid upon
any ground, such
invalidity shall not affect the legality of
the bill or of any
other item of such bill or bills.
SEC. 53. 91
Vacant.
SEC. 54. 92 No
County of this State shall contract any
debt, or obligation,
in the construction of any Railroad,
Canal, or other Work
of Internal Improvement, nor give, or
loan its credit to, or
in aid of any association, or corporation,
unless authorized by
an Act of the General Assembly.
SEC. 55. The
General Assembly shall pass no Law
suspending the
privilege of the Writ of Habeas Corpus.
SEC. 56. The
General Assembly shall have power to
pass all such Laws as
may be necessary and proper for
carrying into
execution the powers vested, by this Consti-tution,
in any Department, or
office of the Government,
and the duties imposed
upon them thereby.
SEC. 57. The
Legal Rate of Interest shall be Six per
cent per annum, unless
otherwise provided by the General
Assembly.
SEC. 58. 93 The
Legislature shall provide by Law for
State and municipal
taxation upon the revenues accruing
from business done in
the State by all foreign corporations.
SEC. 59. 94 The
Legislature shall pass no law creating
the office of “State
Pension Commissioner”, or estab-lishing
any general pension
system within this State.
SEC. 60. 95 The
General Assembly of Maryland shall
have the power to
provide by suitable general enactment
(a) for the suspension
of sentence by the Court in criminal
cases; (b) for any
form of the indeterminate sentence in
criminal cases, and
(c) for the release upon parole in
whatever manner the
General Assembly may prescribe, of
convicts imprisoned
under sentence for crimes.
SEC. 61. 96 (a)
The General Assembly may authorize
and empower any county
or any municipal corporation,
by public local law:
(1) To carry out urban
renewal projects which shall be
limited to slum
clearance in slum or blighted areas and
redevelopment or the
rehabilitation of slum or blighted
areas, and to include
the acquisition, within the boundary
lines of such county
or municipal corporation, of land and
property of every kind
and any right, interest, franchise,
easement or privilege
therein, by purchase, lease, gift,
condemnation or any
other legal means. The term “slum
area” shall mean any
area where dwellings predominate
Maryland Manual
1996-1997 Constitution of Maryland / 923
88 Amended by
Chapter 576, Acts of 1970, ratified Nov. 3, 1970.
89 Amended by
Chapter 971, Acts of 1978, ratified Nov. 7, 1978; Chapter 62, Acts of
1990, ratified Nov. 6, 1990.
90 Amended by
Chapter 971, Acts of 1978, ratified Nov. 7, 1978.
91 Repealed by
Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
92 Amended by
Chapter 71, Acts of 1960, ratified Nov. 8, 1960.
93 Amended by
Chapter 99, Acts of 1956, ratified Nov. 6, 1956.
94 Amended by
Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
95 Added by
Chapter 453, Acts of 1914, ratified Nov. 2, 1915.
96 Added by
Chapter 444, Acts of 1959, ratified Nov. 8, 1960..which, by reason of
depreciation, overcrowding, faulty
arrangement or design,
lack of ventilation, light or sanitary
facilities, or any
combination of these factors, are detri-mental
to the public safety,
health or morals. The term
“blighted area” shall
mean an area in which a majority of
buildings have
declined in productivity by reason of obso-lescence,
depreciation or other
causes to an extent they no
longer justify
fundamental repairs and adequate mainte-nance.
(2) To sell, lease,
convey, transfer or otherwise dispose
of any of said land or
property, regardless of whether or
not it has been
developed, redeveloped, altered or im-proved
and irrespective of
the manner or means in or by
which it may have been
acquired, to any private, public or
quasi public
corporation, partnership, association, person
or other legal entity.
No land or property
taken by any county or any munici-pal
corporation for any of
the aforementioned purposes or
in connection with the
exercise of any of the powers which
may be granted to such
county or municipal corporation
pursuant to this
section by exercising the power of eminent
domain shall be taken
without just compensation, as agreed
upon between the
parties, or awarded by a jury, being first
paid or tendered to
the party entitled to such compensation.
All land or property
needed, or taken by the exercise
of the power of
eminent domain, by any county or any
municipal corporation
for any of the aforementioned pur-poses
or in connection with
the exercise of any of the
powers which may be
granted pursuant to this Section is
hereby declared to be
needed or taken for public uses and
purposes. Any or all
of the activities authorized pursuant
to this section shall
constitute governmental functions
undertaken for public
uses and purposes and the power of
taxation may be
exercised, public funds expended and
public credit extended
in furtherance thereof.
(b) The General
Assembly may grant to any county or
any municipal
corporation, by public local law, any and all
additional power and
authority necessary or proper to
carry into full force
and effect any and all of the specific
powers authorized by
this section and to fully accomplish
any and all of the
purposes and objects contemplated by
the provisions of this
section, provided such additional
power or authority is
not inconsistent with the terms and
provisions of this
section or with any other provision or
provisions of the
Constitution of Maryland.
(c) The General
Assembly of Maryland, by public local
law, may establish or
authorize the establishment of a
public body or agency
to undertake in a county or munici-pal
corporation (other
than Baltimore City) the activities
authorized by this
section, and may provide that any or all
of the powers, except
the power of taxation, herein author-ized
to be granted to such
county or municipal corpora-tion
shall be vested in
such public body or agency or in
any existing public
body or agency.
(d) The General
Assembly may place such other and
further restrictions
or limitations on the exercise of any of
the powers provided
for in this section, as it may deem
proper and expedient.
(e) The provisions of
this section are independent of,
and shall in no way
affect, the powers granted under
Article XIB of the
Constitution of Maryland, title “City
of Baltimore—Land
Development and Redevelopment.”
Also, the power
provided in this section for the General
Assembly to enact
public local laws authorizing any mu-nicipal
corporation or any
county to carry out urban
renewal projects
prevails over the restrictions contained in
Article XI-A “Local
Legislation” and in Article XI-E
“Municipal
Corporations” of this Constitution.
ARTICLE IV.
JUDICIARY
DEPARTMENT.
Part I—General
Provisions.
SECTION 1.97
The Judicial power of this State is
vested in a Court of
Appeals, such intermediate courts of
appeal as the General
Assembly may create by law, Circuit
Courts, Orphans’
Courts, and a District Court. These
Courts shall be Courts
of Record, and each shall have a seal
to be used in the
authentication of all process issuing from
it.
SEC. 1A.98 The
several Courts existing in this State
at the time of the
adoption of this Constitution shall, until
superseded under its
provisions, continue with like powers
and jurisdiction, and
in the exercise thereof, both at Law
and in Equity, in all
respects, as if this Constitution had
not been adopted; and
when said Courts shall be so
superseded, all
causes, then depending in said Courts shall
pass into the
jurisdiction of the several Courts, by which
they may,
respectively, be superseded.
SEC. 2. 99 The
Judges of all of the said Courts shall be
citizens of the State
of Maryland, and qualified voters
under this
Constitution, and shall have resided therein not
less than five years,
and not less than six months next
preceding their
election, or appointment, as the case may
be, in the city,
county, district, judicial circuit, intermediate
appellate judicial
circuit or appellate judicial circuit for
which they may be,
respectively, elected, or appointed.
They shall be not less
than thirty years of age at the time
of their election, or
appointment, and shall be selected
from those who have
been admitted to practice Law in this
State, and who are
most distinguished for integrity, wis-dom
and sound legal
knowledge.
SEC. 3. 100
Except for Judges of the District Court, the
Judges of the several
Courts other than the Court of Appeals
or any intermediate
courts of appeal shall, subject to the
provisions of Section
5 of this Article of the Constitution,
be elected in
Baltimore City and in each county, by the
qualified voters of
the city and of each county, respectively,
all of the said Judges
to be elected at the general election to
be held on the Tuesday
after the first Monday in November,
as now provided for in
the Constitution. Each of the said
Judges shall hold his
office for the term of fifteen years from
the time of his
election, and until his successor is elected and
Article IV 924 /
Maryland Manual 1996-1997
97 Amended by
Chapter 10, Acts of 1966, ratified Nov. 8, 1966; Chapter 789, Acts of
1969, ratified Nov. 3, 1970; Chapter 681,
Acts of 1977, ratified
Nov. 7, 1978; Chapter 523, Acts of 1980, ratified Nov. 4, 1980.
98 Transferred
from Article XV, sec. 2, and amended by Chapter 681, Acts of 1977,
ratified Nov. 7, 1978.
99 Amended by
Chapter 10, Acts of 1966, ratified Nov. 8, 1966; Chapter 789, Acts of
1969, ratified Nov. 3, 1970; Chapter 542,
Acts of 1976, ratified
Nov. 2, 1976.
100 Amended by
Chapter 479, Acts of 1931, ratified Nov. 8, 1932; Chapter 607, Acts of
1953, ratified Nov. 2, 1954; Chapter 10,
Acts of 1966, ratified
Nov. 8, 1966; Chapter 542, Acts of 1976, ratified Nov. 2, 1976; Chapter
681, Acts of 1977, ratified
Nov. 7,
1978..qualified, or until he shall have attained the age of seventy
years, whichever may
first happen, and be re-eligible
thereto until he shall
have attained the age of seventy years,
and not after. In case
of the inability of any of said Judges
to discharge his
duties with efficiency, by reason of con-tinued
sickness, or of
physical or mental infirmity, it shall
be in the power of the
General Assembly, two-thirds of the
members of each House
concurring, with the approval of
the Governor to retire
said Judge from office.
SEC. 3A.101 (a)
Any former judge, except a former
judge of the Orphans’
Court, may be assigned by the Chief
Judge of the Court of
Appeals, upon approval of a majority
of the court, to sit
temporarily in any court of this State,
except an Orphans’
Court, as provided by law.
(b) The provisions of
this section apply, not withstand-ing
provisions appearing
elsewhere in this Article pertain-ing
to retirement of
judges upon attaining age 70.
SEC. 4. Any
Judge shall be removed from office by
the Governor, on
conviction in a Court of Law, of incom-petency,
of wilful neglect of
duty, misbehavior in office, or
any other crime, or on
impeachment, according to this
Constitution, or the
Laws of the State; or on the address
of the General
Assembly, two-thirds of each House con-curring
in such address, and
the accused having been
notified of the
charges against him, and having had op-portunity
of making his defence.
SEC. 4A.102
There is created a Commission on Judicial
Disabilities composed
of seven persons appointed by the
Governor of Maryland.
The members of the Commission
shall be citizens and
residents of this State. Four members
of the Commission
shall be appointed from among the
judges of the
appellate courts, the Circuit Courts, and the
District Court; two
members shall be appointed from
among those persons
who are admitted to practice of law
in the State, who have
been so engaged for at least fifteen
years, and who are not
judges of any court; and one member
shall represent the
public, who shall not be a judge, active
or retired, and who is
not admitted to the practice of law
in this State. The
term of office of each member shall be
for four years
commencing on January 1 following the
expiration of his
predecessor’s term. Whenever any mem-ber
of the Commission
appointed from among judges in
the State ceases to be
a judge, when any member appointed
from among those
admitted to practice law becomes a
judge, when any member
representing the public becomes
a judge or is admitted
to the practice of law in this State, or
when any member ceases
to be a resident of the State, in
such case the
membership of this member shall forthwith
terminate. Any
vacancies on the Commission shall be filled
for the unexpired term
by the Governor in the same manner
as for making of
appointments to the Commission and
subject to the same
qualifications which were applicable to
the person causing the
vacancy. No member of the Com-mission
shall receive any
compensation for his services as
such but shall be
allowed any expenses necessarily incurred
in the performance of
his duties as such member.
SEC. 4B.103 (a)
The Commission on Judicial Disabili-ties
has the power to
investigate complaints against any
judge of the Court of
Appeals, any intermediate courts of
appeal, the Circuit
Courts, the District Court of Mary-land,
or the Orphans’ Court;
and to conduct hearings
concerning such
complaints, administer oaths and affirma-tions,
issue process to
compel the attendance of witnesses
and the production of
evidence, and require persons to
testify and produce
evidence by granting them immunity
from prosecution or
from penalty or forfeiture. The Com-mission
has the power to issue
a reprimand and the power
to recommend to the
Court of Appeals the removal,
censure or other
appropriate disciplining of a judge or, in
an appropriate case,
retirement. All proceedings, testi-mony,
and evidence before
the Commission shall be con-fidential
and privileged, except
as provided by rule of the
Court of Appeals; the
record and any proceeding filed with
the Court of Appeals
shall lose its confidential character,
except as ordered by
the Court of Appeals. No judge shall
participate as a
member of the Commission in any pro-ceedings
involving his own
conduct, and the Governor
shall appoint another
judge as a substitute member of the
Commission for those
proceedings. The Court of Appeals
shall prescribe by
rule the means to implement and enforce
the powers of the
Commission and the practice and
procedure before the
Commission.
(b) Upon any
recommendation of the Commission,
the Court of Appeals,
after a hearing and upon a finding
of misconduct while in
office, or of persistent failure to
perform the duties of
his office, or of conduct prejudicial
to the proper
administration of justice, may remove the
judge from office or
may censure or otherwise discipline
him, or the Court of
Appeals, after hearing and upon a
finding of disability
which is or is likely to become perma-nent
and which seriously
interferes with the performance
of his duties, may
retire the judge from office. A judge
removed under this
section, and his surviving spouse, shall
have the rights and
privileges accruing from his judicial
service only to the
extent prescribed by the order of
removal. A judge
retired under this section shall have the
rights and privileges
prescribed by law for other retired
judges. No judge of
the Court of Appeals shall sit in
judgment in any
hearing involving his own conduct.
(c) This section is
alternative to, and cumulative with,
the methods of
retirement and removal provided in Sec-tions
3 and 4 of this
Article, and in Section 26 of Article
III of this
Constitution.
SEC. 5. 104
Upon every occurrence or recurrence of a
vacancy through death,
resignation, removal, disqualifica-tion
by reason of age or
otherwise, or expiration of the
term of fifteen years
of any judge of a circuit court, or
creation of the office
of any such judge, or in any other
way, the Governor
shall appoint a person duly qualified to
fill said office, who
shall hold the same until the election
and qualification of
his successor. His successor shall be
elected at the first
biennial general election for Repre-sentatives
in Congress after the
expiration of the term of
fifteen years (if the
vacancy occurred in that way) or the
first such general
election after one year after the occur-rence
of the vacancy in any
other way than through
expiration of such
term. Except in case of reappointment
Maryland Manual
1996-1997 Constitution of Maryland / 925
101 Added by
Chapter 546, Acts of 1976, ratified Nov. 2, 1976.
102 Amended by
Chapter 773, Acts of 1965, ratified Nov. 8, 1966; Chapter 789, Acts of
1969, ratified Nov. 3, 1970; Chapter
681, Acts of 1977,
ratified Nov. 7, 1978; Chapter 523, Acts of 1980, ratified Nov. 4, 1980.
103 Amended by
Chapter 773, Acts of 1965, ratified Nov. 8, 1966; Chapter 789, Acts of
1969, ratified Nov. 3, 1970; Chapter
886, Acts of 1974,
ratified Nov. 5, 1974; Chapter 523, Acts of 1980, ratified Nov. 4, 1980.
104 Amended by
Chapter 417, Acts of 1880, ratified Nov. 8, 1881; Chapter 772, Acts of
1943, ratified Nov. 7, 1944; Chapter
703, Acts of 1945,
ratified Nov. 5, 1946; Chapter 551, Acts of 1975, ratified Nov. 2, 1976;
Chapter 523, Acts of 1980,
ratified Nov. 4,
1980..of a judge upon expiration of his term of fifteen years, no
person shall be
appointed who will become disqualified by
reason of age and
thereby unable to continue to hold office
until the prescribed
time when his successor would have
been elected.
SEC. 5A.105 (a)
A vacancy in the office of a judge of
an appellate court,
whether occasioned by the death,
resignation, removal,
retirement, disqualification by rea-son
of age, or rejection
by the voters of an incumbent, the
creation of the office
of a judge, or otherwise, shall be filled
as provided in this
section.
(b) Upon the
occurrence of a vacancy the Governor
shall appoint, by and
with the advice and consent of the
Senate, a person duly
qualified to fill said office who shall
hold the same until
the election for continuance in office
as provided in
subsections (c) and (d).
(c) The continuance in
office of a judge of the Court
of Appeals is subject
to approval or rejection by the
registered voters of
the appellate judicial circuit from
which he was appointed
at the next general election
following the
expiration of one year from the date of the
occurrence of the
vacancy which he was appointed to fill,
and at the general
election next occurring every ten years
thereafter.
(d) The continuance in
office of a judge of the Court
of Special Appeals is
subject to approval or rejection by the
registered voters of
the geographical area prescribed by
law at the next
general election following the expiration
of one year from the
date of the occurrence of the vacancy
which he was appointed
to fill, and at the general election
next occurring every
ten years thereafter.
(e) The approval or
rejection by the registered voters of
a judge as provided
for in subsections (c) and (d) shall be a
vote for the judge’s
retention in office for a term of ten years
or his removal. The
judge’s name shall be on the appropriate
ballot, without
opposition, and the voters shall vote yes or
no for his retention
in office. If the voters reject the retention
in office of a judge,
or if the vote is tied, the office becomes
vacant ten days after
certification of the election returns.
(f) An appellate court
judge shall retire when he attains
his seventieth
birthday.
(g) A member of the
General Assembly who is other-wise
qualified for
appointment to judicial office is not
disqualified by reason
of his membership in a General
Assembly which
proposed or enacted any constitutional
amendment or statute
affecting the method of selection.
Continuance in office,
or retirement or removal of a judge,
the creation or
abolition of a court, an increase or decrease
in the number of
judges of any court, or an increase or
decrease in the
salary, pension or other allowances of any
judge.
SEC. 6. 106 All
Judges shall, by virtue of their offices,
be Conservators of the
Peace throughout the State; and
no fees, or
perquisites, commission, or reward of any kind
shall be allowed to
any Judge in this State, besides his
annual salary, for the
discharge of any Judicial duty.
SEC. 7. No
Judge shall sit in any case wherein he may
be interested, or
where either of the parties may be
connected with him, by
affinity or consanguinity, within
such degrees as now
are, or may hereafter be prescribed
by Law, or where he
shall have been of counsel in the case.
SEC. 8. 107 (a)
The parties to any cause may submit
the same to the Court
for determination without the aid
of a jury.
(b) In all cases of
presentments or indictments for
offenses that are
punishable by death, on suggestion in
writing under oath of
either of the parties to the proceed-ings
that the party cannot
have a fair and impartial trial in
the court in which the
proceedings may be pending, the
court shall order and
direct the record of proceedings in
the presentment or
indictment to be transmitted to some
other court having
jurisdiction in such case for trial.
(c) In all other cases
of presentment or indictment, and
in all suits or
actions at law or issues from the Orphans’
Court pending in any
of the courts of law in this State
which have
jurisdiction over the cause or case, in addition
to the suggestion in
writing of either of the parties to the
cause or case that the
party cannot have a fair and impartial
trial in the court in
which the cause or case may be
pending, it shall be
necessary for the party making the
suggestion to make it
satisfactorily appear to the court that
the suggestion is
true, or that there is reasonable ground
for the same; and
thereupon the court shall order and
direct the record of
the proceedings in the cause or case
to be transmitted to
some other court, having jurisdiction
in the cause or case,
for trial. The right of removal also
shall exist on
suggestion in a cause or case in which all the
judges of the court
may be disqualified under the provi-sions
of this Constitution
to sit. The court to which the
record of proceedings
in such suit or action, issue, present-ment
or indictment is
transmitted, shall hear and deter-mine
that cause or case in
the same manner as if it had
been originally
instituted in that court. The General As-sembly
shall modify the
existing law as may be necessary
to regulate and give
force to this provision.
SEC. 9. 108 The
Judge, or Judges of any Court, may
appoint such officers
for their respective Courts as may be
found necessary. The
General Assembly may provide, by
Law, for compensation
for all such officers; and the said
Judge or Judges shall,
from time to time, investigate the
expenses, costs and
charges of their respective courts, with
a view to a change or
reduction thereof, and report the
result of such
investigation to the General Assembly for its
action.
SEC. 10. 109
(a) (1) The Clerks of the Courts shall
have charge and
custody of records and other papers and
shall perform all the
duties which appertain to their offices,
as are regulated by
Law. (2) The office and business of the
Clerks, in all their
departments, shall be subject to and
governed in accordance
with rules adopted by the Court
of Appeals pursuant to
Section 18 of this article.
(b) The offices of the
Clerks shall be funded through
the State budget. All
fees, commissions, or other revenues
established by Law for
these offices shall be State revenues,
unless provided
otherwise by the General Assembly.
SEC. 11. 110
The election for Judges, herein before
provided, and all
elections for Clerks, Registers of Wills,
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Maryland Manual 1996-1997
105 Added by
Chapter 551, Acts of 1975, ratified Nov. 2, 1976.
106 Amended by
Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
107 Amended by
Chapter 364, Acts of 1874, ratified Nov. 2, 1875; Chapter 524, Acts of
1980, ratified Nov. 4, 1980.
108 Amended by
Chapter 523, Acts of 1980, ratified Nov. 4, 1980.
109 Amended by
Chapter 722, Acts of 1986, ratified Nov. 4, 1986; Chapter 62, Acts of
1990, ratified Nov. 6, 1990.
110 Amended by
Chapter 551, Acts of 1975, ratified Nov. 2, 1976..and other officers,
provided in this Constitution, except
State’s Attorneys,
shall be certified, and the returns made,
by the Clerks of the
Circuit Courts of the Counties, and
the Clerk of the
Superior Court of Baltimore City, respec-tively,
to the Governor, who
shall issue commissions to the
different persons for
the offices to which they shall have
been, respectively,
elected; and in all such elections for
offices other than
judges of an appellate court, the person
having the greatest
number of votes, shall be declared to
be elected.
SEC. 12. 111 In
case of any contested election for
Judges, Clerks of the
Courts of Law, and Registers of Wills,
the Governor shall
send the returns to the House of Dele-gates,
which shall judge of
the election and qualification of
the candidates at such
election; and if the judgment shall be
against the one who
has been returned elected, or the one
who has been
commissioned by the Governor, the House
of Delegates shall
order a new election within thirty days.
SEC. 13. All
Public Commissions and Grants shall run
thus: “The State of
Maryland, etc.,” and shall be signed
by the Governor, with
the Seal of the State annexed; all
writs and process
shall run in the same style, and be tested,
sealed and signed, as
heretofore, or as may hereafter be,
provided by Law; and
all indictments shall conclude,
“against the peace,
government and dignity of the State.”
SEC. 13A.112
Vacant.
Part II—Courts of
Appeal.
SEC. 14. 113
The Court of Appeals shall be composed
of seven judges, one
from the First Appellate Judicial
Circuit consisting of
Caroline, Cecil, Dorchester, Kent,
Queen Anne’s,
Somerset, Talbot, Wicomico, and Worces-ter
counties; one from the
Second Appellate Judicial Cir-cuit
consisting of
Baltimore and Harford counties; one
from the Third
Appellate Judicial Circuit, consisting of
Allegany, Carroll,
Frederick, Garrett, Howard and Wash-ington
counties; one from the
Fourth Appellate Judicial
Circuit, consisting of
Prince George’s County; one from
the Fifth Appellate
Judicial Circuit, consisting of Anne
Arundel, Calvert,
Charles, and St. Mary’s counties; one
from the Sixth
Appellate Judicial Circuit, consisting of
Baltimore City; and
one from the Seventh Appellate Judi-cial
Circuit, consisting of
Montgomery County. The
Judges of the Court of
Appeals shall be residents of their
respective Appellate
Judicial Circuits. The term of each
Judge of the Court of
Appeals shall begin on the date of
his qualification. One
of the Judges of the Court of
Appeals shall be
designated by the Governor as the Chief
Judge. The
jurisdiction of the Court of Appeals shall be
co-extensive with the
limits of the State and such as now
is or may hereafter be
prescribed by law. It shall hold its
sessions in the City
of Annapolis at such time or times as
it shall from time to
time by rule prescribe. Its session or
sessions shall
continue not less than ten months in each
year, if the business
before it shall so require, and it shall
be competent for the
judges temporarily to transfer their
sittings elsewhere
upon sufficient cause. The salary of each
Judge of the Court of
Appeals shall be that now or
hereafter prescribed
by the General Assembly and shall not
be diminished during
his continuance in office. Five of the
judges shall
constitute a quorum, and five judges shall sit
in each case unless
the Court shall direct that an additional
judge or judges sit
for any case. The concurrence of a
majority of those
sitting shall be sufficient for the decision
of any cause, and an
equal division of those sitting in a case
has the effect of
affirming the decision appealed from if
there is no
application for reargument as hereinafter pro-vided.
In any case where
there is an equal division or a
three to two division
of the Court a reargument before
the full Court of
seven judges shall be granted to the losing
party upon application
as a matter of right.
SEC. 14A.114
The General Assembly may by law
create such
intermediate courts of appeal as may be nec-essary.
The General Assembly
may prescribe the interme-diate
appellate jurisdiction
of these courts of appeal, and
all other powers
necessary for the operation of such courts.
SEC. 14B.115 No
member of the General Assembly at
which the addition of
Section 14A was proposed, if other-wise
qualified, shall be
ineligible for appointment or election
as a judge of any
intermediate court of appeal, established
by law by the General
Assembly pursuant to said Section
14A, by reason of his
membership in such General Assembly.
SEC. 15. 116
Any Judge of the Court of Appeals or of
an intermediate court
of appeal who heard the cause below
either as a trial
Judge or as a Judge of any intermediate
court of appeal as the
case may be, shall not participate in
the decision. In every
case an opinion, in writing, shall be
filed within three
months after the argument or submis-sion
of the cause; and the
judgment of the Court of
Appeals shall be final
and conclusive.
SEC. 16. 117
Provision shall be made by Law for
publishing Reports of
all causes, argued and determined
in the Court of
Appeals and in the intermediate courts of
appeal, which the
Judges thereof, respectively, shall desig-nate
as proper for
publication.
SEC. 17. 118
There shall be a Clerk of the Court of
Appeals, who shall be
appointed by and shall hold his office
at the pleasure of
said Court of Appeals.
SEC. 18. 119
(a) The Court of Appeals from time to
time shall adopt rules
and regulations concerning the
practice and procedure
in and the administration of the
appellate courts and
in the other courts of this State, which
shall have the force
of law until rescinded, changed or
modified by the Court
of Appeals or otherwise by law. The
power of courts other
than the Court of Appeals to make
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1996-1997 Constitution of Maryland / 927
111 Amended by
Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
112 Added by
Chapter 796, Acts of 1943, ratified Nov. 7, 1944. Repealed by Chapter
681, Acts of 1977, ratified Nov. 7, 1978.
113 Amended by
Chapter 772, Acts of 1943, ratified Nov. 7, 1944; Chapter 99, Acts of
1956, ratified Nov. 6, 1956; Chapter 11,
Acts of 1960, ratified
Nov. 8, 1960; Chapter 551, Acts of 1976, ratified Nov. 2, 1976; Chapter
681, Acts of 1977, ratified
Nov. 7, 1978; Chapter
103, Acts of 1994, ratified Nov. 8, 1994.
114 Added by
Chapter 10, Acts of 1966, ratified Nov. 8, 1966.
115 Added by
Chapter 10, Acts of 1966, ratified Nov. 8, 1966.
116 Amended by
Chapter 99, Acts of 1956, ratified Nov. 6, 1956; Chapter 10, Acts of
1966, ratified Nov. 8, 1966.
117 Amended by
Chapter 10, Acts of 1966, ratified Nov. 8, 1966.
118 Amended by
Chapter 40, Acts of 1939, ratified Nov. 5, 1940; Chapter 99, Acts of
1956, ratified Nov. 6, 1956.
119 Amended by
Chapter 772, Acts of 1943, ratified Nov. 7, 1944; Chapter 10, Acts of
1966, ratified Nov. 8, 1966; Chapter 789,
Acts of 1969, ratified
Nov. 3, 1970; Chapter 681, Acts of 1977, ratified Nov. 7, 1978; Chapter
523, Acts of 1980, ratified
Nov. 4, 1980..rules of
practice and procedure, or administrative rules,
shall be subject to
the rules and regulations adopted by
the Court of Appeals
or otherwise by law.
(b)120 The Chief Judge
of the Court of Appeals shall be
the administrative
head of the Judicial system of the State.
He shall from time to
time require, from each of the judges
of the Circuit Courts,
of the District Court and of any
intermediate courts of
appeal, reports as to the judicial work
and business of each
of the judges and their respective courts.
He may, in case of a
vacancy, or of the illness, disqualification
or other absence of a
judge or for the purpose of relieving
an accumulation of
business in any court assign any judge
except a judge of the
Orphans’ Court to sit temporarily in
any court except an
Orphans’ Court. Any judge assigned by
the Chief Judge of the
Court of Appeals pursuant to this
section has all the
power and authority pertaining to a judge
of the court to which
he is so assigned; and his power and
authority shall
continue with respect to all cases (including
any motion, or other
matters incidental thereto) which may
come before him by
virtue of such assignment until his action
thereon shall be
completed. In the absence of the Chief
Judge of the Court of
Appeals, the provisions of this section
shall be applicable to
the senior judge present in the Court
of Appeals. The powers
of the Chief Judge set forth in this
section shall be
subject to any rule or regulation adopted by
the Court of Appeals.
SEC. 18A.121
Vacant.
Part IIA—Interim
Provisions.
SEC. 18B.122
(a) For the purpose of implementing
the amendments to this
article, dealing with the selection
and tenure of
appellate court judges, the following provi-sions
shall govern.
(b) Each judge of an
appellate court who is in office for
an elected term on the
effective date of these amendments,
unless he dies,
resigns, retires, or is otherwise lawfully re-moved,
shall continue in
office until the general election next
after the end of his
elected term, or until his seventieth
birthday, whichever
first occurs. His continuance in office is
then subject to the
provisions of section 5A (c) and (d) of
this article,
applicable to judges of that court, but in no event
shall any judge
continue in office after his seventieth birth-day.
(c) Each judge of a
court specified in subsection (b)
who is in office on
the effective date of these amendments,
but who has not been
elected to that office by the voters,
shall, within fifteen
days after the effective date of these
amendments, be
reappointed to that office. His continu-ance
in office is then
subject to the provisions of section
5A (c) and (d) of this
article, applicable to judges of that
court, but in no event
shall any judge continue in office
after his seventieth
birthday.
Part III—Circuit
Courts.
SEC. 19. 123
The State shall be divided into eight
Judicial Circuits, in
manner following, viz. : The Counties
of Worcester,
Wicomico, Somerset, and Dorchester, shall
constitute the First
Circuit; the Counties of Caroline,
Talbot, Queen Anne’s,
Kent and Cecil, the Second; the
Counties of Baltimore
and Harford, the Third; the Coun-ties
of Allegany, Garrett,
and Washington, the Fourth; the
Counties of Carroll,
Howard and Anne Arundel, the Fifth;
the Counties of
Montgomery and Frederick, the Sixth; the
Counties of Prince
George’s, Charles, Calvert, and St.
Mary’s, the Seventh;
and Baltimore City, the Eighth.
SEC. 20. 124
(a) There shall be a Circuit Court for each
county and for
Baltimore City. The Circuit Courts shall
have and exercise, in
the respective counties, and Balti-more
City, all the power,
authority and jurisdiction, origi-nal
and appellate, which
the Circuit Courts of the counties
exercised on the
effective date of these amendments, and
the greater or lesser
jurisdiction hereafter prescribed by
law.
(b) The judges of the
Circuit Courts for Montgomery
and Harford counties
shall each, alternately and in rotation
and on schedules to be
established by those judges, sit as
an Orphans’ Court for
their County, and shall have and
exercise all the
power, authority and jurisdiction which the
present Orphans’
Courts now have and exercise, or which
may hereafter be
provided by law.
SEC. 21. 125
(a) Subject to the provisions of subsection
(b) the General
Assembly shall determine by law the
number of judges of
the circuit court in each county and
circuit. These judges
shall be selected in accordance with
Sections 3 and 5 of
this Article.
(b) There shall be at
least four circuit court judges
resident in each
circuit, and at least one circuit court judge
shall be resident in
each county. There shall be at least two
such judges resident
in Anne Arundel County, at least three
resident in Baltimore
County, at least four resident in Prince
George’s County, and
at least five resident in Montgomery
County.
(c) The senior judge
in length of service in each circuit
shall be the chief
judge of the circuit. The other judges
shall be associate
judges.
(d) Except as
otherwise provided by law, one judge shall
constitute a quorum
for the transaction of any business.
(e) The terms of the
circuit courts shall be determined
by law.
(f) A person is not
ineligible for appointment or elec-tion
as a judge because he
was a member of the General
Assembly at a time
when the number or salary of judges
were increased or
decreased.
SEC. 21A.126 If
the amendments to sections 3 and 21
of Article IV proposed
by House Bill 972, Senate Bill 390
Article IV 928 /
Maryland Manual 1996-1997
120 Amended by
Chapter 681, Acts of 1977, ratified Nov. 7, 1978; Chapter 523, Acts of
1980, ratified Nov. 4, 1980.
121 Renumbered
as sec. 18 by Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
122 Added by
Chapter 551, Acts of 1975, ratified Nov. 2, 1976.
123 Amended by
Chapter 99, Acts of 1956, ratified Nov. 6, 1956.
124 Amended by
Chapter 744, Acts of 1963, ratified Nov. 3, 1964; Chapter 374, Acts of
1972, ratified Nov. 7, 1972; Chapter
681, Acts of 1977,
ratified Nov. 7, 1978; Chapter 523, Acts of 1980, ratified Nov. 4, 1980.
125 Amended by
Chapter 515, Acts of 1912, ratified Nov. 4, 1913; Chapter 426, Acts of
1935, ratified Nov. 3, 1936; Chapter
494, Acts of 1937,
ratified Nov. 8, 1938; Chapter 200, Acts of 1939, ratified Nov. 5, 1940;
Chapter 494, Acts of 1941,
ratified Nov. 3, 1942;
Chapter 772, Acts of 1943, ratified Nov. 7, 1944; Chapter 607, Acts of
1953, ratified Nov. 2, 1954;
Chapters 65 and 68,
Acts of 1954, ratified Nov. 2, 1954; Chapters 642 and 761, Acts of 1959,
ratified Nov. 8, 1960; Chapter
372, Acts of 1966,
ratified Nov. 8, 1966; Chapter 542, Acts of 1976, ratified Nov. 2,
1976..(1976) and the amendments to those sections proposed
by House Bill 1048
(1976) are ratified by the voters at the
election in Nov. 1976,
the amendments to those sections
proposed in House Bill
972, Senate Bill 390 (1976) shall
take effect.
SEC. 22. 127
Where any Term is held, or trial conducted
by less than the whole
number of said Circuit Judges, upon
the decision or
determination of any point, or question, by
the Court, it shall be
competent to the party, against whom
the ruling or decision
is made, upon motion, to have the
point, or question
reserved for the consideration of the three
Judges of the Circuit,
who shall constitute a court in banc
for such purpose; and
the motion for such reservation shall
be entered of record,
during the sitting, at which such
decision may be made;
and the several Circuit Courts shall
regulate, by rules,
the mode and manner of presenting such
points, or questions
to the court in banc, and the decision
of the said Court in
banc shall be the effective decision in
the premises, and
conclusive, as against the party, at whose
motion said points, or
questions were reserved; but such
decision in banc
shall not preclude the right of Appeal, or
writ of error to the
adverse party, in those cases, civil or
criminal, in which
appeal, or writ of error to the Court of
Appeals may be allowed
by Law. The right of having ques-tions
reserved shall not,
however, apply to trials of Appeals
from judgments of the
District Court, nor to criminal cases
below the grade of
felony, except when the punishment is
confinement in the
Penitentiary; and this Section shall be
subject to such
provisions as may hereafter be made by Law.
SEC. 23.128 The
Judges of the respective Circuit
Courts of this State
shall render their decisions, in all cases
argued before them, or
submitted for their judgment, within
two months after the
same shall have been so argued or
submitted.
SEC. 24. 129
The salary of each Chief Judge and of
each Associate Judge
of the Circuit Court shall not be
diminished during his
continuance in office.
SEC. 25. 130
There shall be a Clerk of the Circuit
Court for each County
and Baltimore City, who shall be
elected by a plurality
of the qualified voters of said County
or City, and shall
hold this office for four years from the
time of his election,
and until his successor is elected and
qualified, and be
re-eligible, subject to be removed for
wilful neglect of duty
or other misdemeanor in office, on
conviction in a Court
of Law. In case of a vacancy in the
office of Clerk of a
Circuit Court, the Judges of that Court
may fill the vacancy
until the general election for Delegates
to the General
Assembly, to be held next thereafter, when
a successor shall be
elected for the term of four years.
SEC. 26. 131
Deputy clerks and other employees of the
office of the Clerk
shall be appointed and removed accord-ing
to procedures set by
law.
Part IV—Courts of
Baltimore City.
SEC. 27. 132
Vacant.
SEC. 28. 133
Vacant.
SEC. 29. 134
Vacant.
SEC. 30. 135
Vacant.
SEC. 31. 136
Vacant.
SEC. 31A.137
Vacant.
SEC. 32. 138
Vacant.
SEC. 33. 139
Vacant.
SEC. 34. 140
Vacant.
SEC. 35. 141
Vacant.
SEC. 36. 142
Vacant.
SEC. 37. 143
Vacant.
SEC. 38. 144
Vacant.
SEC. 39. 145
Vacant.
Part V—Orphans’
Court.
SEC. 40. 146
The qualified voters of the City of Balti-more,
and of the several
Counties, except Montgomery
County and Harford
County, shall elect three Judges of the
Orphans’ Courts of
City and Counties, respectively, who
shall be citizens of
the State and residents for the twelve
months preceding, in
the City or County for which they
may be elected. They
shall have all the powers now vested
Maryland Manual
1996-1997 Constitution of Maryland / 929
126 Added by
Chapter 542, Acts of 1976, ratified Nov. 2, 1976.
127 Amended by
Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
128 Amended by
Chapter 523, Acts of 1980, ratified Nov. 4, 1980.
129 Amended by
Chapter 99, Acts of 1956, ratified Nov. 6, 1956.
130 Amended by
Chapter 99, Acts of 1956, ratified Nov. 6, 1956; Chapter 523, Acts of
1980, ratified Nov. 4, 1980.
131 Amended by
Chapter 376, Acts of 1972, ratified Nov. 7, 1972; Chapter 889, Acts of
1974, ratified Nov. 5, 1974; Chapter
523, Acts of 1980,
ratified Nov. 4, 1980; Chapter 62, Acts of 1990, ratified Nov. 6, 1990.
132 Repealed by
Chapter 523, Acts of 1980, ratified Nov. 4, 1980.
133 Amended by
Chapter 889, Acts of 1974, ratified Nov. 5, 1974. Repealed by Chapter
523, Acts of 1980, ratified Nov. 4, 1980.
134 Amended by
Chapter 889, Acts of 1974, ratified Nov. 5, 1974. Repealed by Chapter
523, Acts of 1980, ratified Nov. 4, 1980.
135 Amended by
Chapter 889, Acts of 1974, ratified Nov. 5, 1974. Repealed by Chapter
523, Acts of 1980, ratified Nov. 4, 1980.
136 Amended by
Chapter 889, Acts of 1974, ratified Nov. 5, 1974. Repealed by Chapter
523, Acts of 1980, ratified Nov. 4, 1980.
137 Added by
Chapter 116, Acts of 1924, ratified Nov. 2, 1926. Repealed by Chapter
617, Acts of 1968, ratified Nov. 5, 1968.
138 Amended by
Chapter 889, Acts of 1974, ratified Nov. 5, 1974. Repealed by Chapter
523, Acts of 1980, ratified Nov. 4, 1980.
139 Amended by
Chapter 889, Acts of 1974, ratified Nov. 5, 1974. Repealed by Chapter
523, Acts of 1980, ratified Nov. 4, 1980.
140 Amended by
Chapter 889, Acts of 1974, ratified Nov. 5, 1974. Repealed by Chapter
523, Acts of 1980, ratified Nov. 4, 1980.
141 Amended by
Chapter 889, Acts of 1974, ratified Nov. 5, 1974. Repealed by Chapter
523, Acts of 1980, ratified Nov. 4, 1980.
142 Repealed by
Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
143 Amended by
Chapter 99, Acts of 1956, ratified Nov. 6, 1956; Chapter 889, Acts of
1974, ratified Nov. 5, 1974. Repealed by
Chapter 523, Acts of
1980, ratified Nov. 4, 1980.
144 Amended by
Chapter 889, Acts of 1974, Nov. 5, 1974. Repealed by Chapter 523, Acts
of 1980, ratified Nov. 4, 1980.
145 Added by
Chapter 313, Acts of 1892, ratified Nov. 7, 1893. Amended by Chapter
889, Acts of 1974, ratified Nov. 5, 1974.
Repealed by Chapter
523, Acts of 1980, ratified Nov. 4, 1980.
146 Amended by
Chapters 99 and 124, Acts of 1956, ratified Nov. 6, 1956; Chapter 744,
Acts of 1963, ratified Nov. 3, 1964;
Chapter 374, Acts of
1972, ratified Nov. 7, 1972; Chapter 681, Acts of 1977, ratified Nov. 7,
1978..in the Orphans’ Courts of the State, subject to such
changes as the
Legislature may prescribe. Each of the
Judges shall be paid
such compensation as may be regu-lated
by Law, to be paid by
the City or Counties, respec-tively.
In case of a vacancy
in the office of Judge of the
Orphans’ Court, the
Governor shall appoint, subject to
confirmation or
rejection by the Senate, some suitable
person to fill the
vacancy for the residue of the term.
SEC. 41. 147
There shall be a Register of Wills in each
county of the State,
and the City of Baltimore, to be
elected by the legal
and qualified voters of said counties
and city,
respectively, who shall hold his office for four
years from the time of
his election and until his successor
is elected and
qualified; he shall be re-eligible, and subject
at all times to
removal for willful neglect of duty, or
misdemeanor in office
in the same manner that the Clerks
of the Courts are
removable. In the event of any vacancy
in the office of the
Register of Wills, said vacancy shall be
filled by the Judges
of the Orphans’ Court, in which such
vacancy occurs, until
the next general election for Dele-gates
to the General
Assembly when a Register shall be
elected to serve for
four years thereafter.
Part VI—District
Court.
SEC. 41A.148
The District Court shall have the origi-nal
jurisdiction
prescribed by law. Jurisdiction of the Dis-trict
Court shall be uniform
throughout the State; except
that in Montgomery
County and other counties and the
City of Baltimore, the
Court may have such jurisdiction
over juvenile causes
as is provided by law.
SEC. 41B.149
The District Court shall consist of the
number of judges
prescribed by law. The State shall be
divided by law into
districts. Each district shall consist of
one county or two or
more entire and adjoining counties.
The number of judges
shall be allocated among the districts
by law, and there
shall be at least one District Court judge
resident in each
district. In any district containing more
than one county, there
shall be at least one District Court
judge resident in each
county in the district. Functional
divisions of the
District Court may be established in any
district.
SEC. 41C.150
Each District Court judge shall devote
full time to his
judicial duties, shall have the qualifications
prescribed by Section
2 of this Article, and shall be a resident
of the district in
which he holds office. The number of
judges for any
district may be increased or decreased by the
General Assembly from
time to time, subject to the require-ments
of Section 41B of this
Article, and any vacancy so
created shall be
filled as provided in Section 41D of this
Article.
SEC. 41D.151
The Governor, by and with the advice
and consent of the
Senate, shall appoint each judge of the
District Court
whenever for any reason a vacancy shall
exist in the office.
All hearings, deliberations, and debate
on the confirmation of
appointees of the Governor shall
be public, and no
hearings, deliberations or debate
thereon shall be
conducted by the Senate or any commit-tee
or subcommittee
thereof in secret or executive session.
Confirmation by the
Senate shall be made upon a majority
vote of all members of
the Senate. A judge appointed by
the Governor may take
office upon qualification and
before confirmation by
the Senate, but shall cease to hold
office at the close of
the regular annual session of the
General Assembly next
following his appointment or dur-ing
which he shall have
been appointed by the Governor,
if the Senate shall
not have confirmed his appointment
before then. Each
judge appointed by the Governor and
confirmed by the
Senate shall hold the office for a term of
ten years or until he
shall have attained the age of seventy
years whichever may
first occur. If the ten year term of a
judge shall expire
before that judge shall have attained the
age of seventy years,
that judge shall be reappointed by the
Governor, with the
Senate’s consent, for another ten year
term or until he shall
have attained the age of seventy years,
whichever may first
occur. To the extent inconsistent
herewith, the
provisions of Section 3 and 5 of this Article
shall not apply to
judges of the District Court.
SEC. 41E. The
Chief Judge of the Court of Appeals
shall designate one
judge of the District Court as Chief
Judge of that Court,
to serve as Chief Judge at his pleasure.
The Chief Judge of the
District Court may assign admin-istrative
duties to other judges
of the District Court and
shall perform such
other duties in the administration of
the District Court as
may be prescribed by rule or by law.
SEC. 41F. The
Chief Judge of the District Court shall
appoint, to serve at
his pleasure, a Chief Clerk of that Court.
He shall also appoint,
to serve at his pleasure, and upon the
recommendation of the
administrative judge of the district,
a chief administrative
clerk for each district. The chief clerk
shall perform such
duties in the administration of the District
Court as may be
assigned him by the chief judge or as may
be prescribed by rule
or by law. Each chief administrative
clerk shall perform
such duties in the administration of the
District Court as may
be assigned him by the administrative
judge of his district
or as may be prescribed by rule of law.
There shall be in each
County a clerk of the District Court
whose appointment,
term, and compensation shall be pre-scribed
by law. The Chief
Judge of the District Court, upon
recommendation of the
respective administrative judges,
shall appoint such
deputy clerks, constables, and other offi-cers
of the District Court
as may be necessary. It shall be the
duty of the General
Assembly to prescribe by law a fixed
compensation for all
such officers.
SEC. 41G. There shall
be district court commissioners
in the number and with
the qualifications and compensa-tion
prescribed by law.
Commissioners in a district shall be
appointed by and serve
at the pleasure of the Administra-tive
Judge of the district,
subject to the approval of the
Chief Judge of the
District Court. Commissioners may
exercise power only
with respect to warrants of arrest, or
bail or collateral or
other terms of pre-trial release pending
hearing, or
incarceration pending hearing, and then only
as prescribed by law
or by rule.
Article IV 930 /
Maryland Manual 1996-1997
147 Amended by
Chapter 99, Acts of 1956, ratified Nov. 6, 1956.
148 Referring
to the People’s Courts, this section originally was added by Chapter
163, Acts of 1939, ratified Nov. 5, 1940, and
amended by Chapter
575, Acts of 1959, ratified Nov. 8, 1960. It was repealed and a new
section concerning the District
Court was enacted by
Chapter 789, Acts of 1969, ratified Nov. 3, 1970, and amended by Chapter
544, Acts of 1976, ratified
Nov. 2, 1976.
149 Added by
Chapter 163, Acts of 1939, ratified Nov. 5, 1940. Repealed and a new
section enacted by Chapter 789, Acts of
1969, ratified Nov. 3,
1970.
150 Added by
Chapter 373, Acts of 1959, ratified Nov. 8, 1960. Repealed and a new
section enacted by Chapter 789, Acts of
1969, ratified Nov. 3,
1970.
151 Sections
41D through 41I added by Chapter 789, Acts of 1969, ratified Nov. 3,
1970..SEC. 41H. The salary of a judge of the District Court
shall not be reduced
during his continuance in office.
SEC. 41-I.152 For the
purpose of implementing the
amendments to Articles
IV, XV and XVII of this Consti-tution,
establishing the
District Court, the following pro-visions
shall govern.
(a) The provisions of
Section 41D of this Article shall
govern initial
vacancies in the office of judge of the District
Court. Each full-time
judge of the People’s Court of Balti-more
City, the Municipal
Court of Baltimore City, and of
the People’s Courts of
Anne Arundel, Montgomery, Prince
George’s, Wicomico
Counties and Baltimore County who
is in office on the
effective date of these amendments shall
continue in office as
a judge of the District Court in his
district and county of
residence (or in Baltimore City) for
the remainder of the
term for which he was elected or
appointed, and if his
term expires prior to January 1, l971,
such judge shall be
re-appointed by the Governor, if the
Senate consents, in
accordance with the provisions of Section
41D of this Article,
subject to the Provisions of the Consti-tution
respecting age,
removal and retirement; provided that
the term of any such
judge of a People’s Court who would
be ineligible for
appointment as a judge of the District Court
under this Article
shall expire on the effective date of these
amendments.
Thereafter, retention of any judge who is
retained in office
pursuant to the preceding provisions of this
subsection shall be
pursuant to Section 41D of this Article.
No People’s Court
judge, judge of the Housing Court of
Baltimore County, or
Justice of the Peace shall be appointed
or elected or exercise
any power or jurisdiction.
(b) Each full-time
clerk of a justice of the peace
designated as trial
magistrate of a People’s Court, of the
Municipal Court of
Baltimore City, and the chief constable
of the People’s Court
of Baltimore City who is in office
on the day before the
first Monday in July, 1970, shall
become a deputy clerk
of the District Court on the first
Monday in July 1970.
The taking effect of the aforegoing
amendments shall not
of itself affect the tenure, term,
status, retirement, or
compensation of any person then
holding public office,
position, or employment in this
State, except as
provided in the amendments.
(c) All statutory
references to justices of the peace
designated as trial
magistrates, to People’s Courts, to the
Municipal Court of
Baltimore City or to the Housing
Court of Baltimore
County, shall be deemed to refer to the
District Court in the
appropriate district, county or Balti-more
City, to the extent
not inconsistent with this Consti-tution.
(d) No member of the
General Assembly at which
these amendments were
proposed, or at which the number
of or salary of any
such judges may have been increased or
decreased by the
General Assembly from time to time, if
otherwise qualified,
is ineligible for appointment or elec-tion
as a judge of the
District Court by reason of his
membership in the
General Assembly.
SEC. 42. 153
Vacant.
SEC. 43. 154
Vacant.
Part VII—Sheriffs.
SEC. 44. 155
There shall be elected in each county and
in Baltimore City one
person, resident in said county or
City, above the age of
twenty-five years and for at least five
years preceding his
election a citizen of the State, to the
office of Sheriff. He
shall hold office for four years, until
his successor is duly
elected and qualified, give such bond,
exercise such powers
and perform such duties as now are
or may hereafter be
fixed by law.
In case of vacancy by
death, resignation, refusal to serve,
or neglect to qualify
or give bond, or by disqualification or
removal from the
County or City, the Governor shall appoint
a person to be Sheriff
for the remainder of the official term.
The Sheriff in each
county and in Baltimore City shall
receive such salary or
compensation and such expenses
necessary to the
conduct of his office as may be fixed by
law. All fees
collected by the Sheriff shall be accounted for
and paid to the
Treasury of the several counties and of
Baltimore City,
respectively.
SEC. 45. 156
Notaries Public may be appointed for
each county and the
city of Baltimore, in the manner, for
the purpose, and with
the powers now fixed, or which may
hereafter be
prescribed by Law.
ARTICLE V.
ATTORNEY-GENERAL
AND
STATE’S ATTORNEYS.
Attorney-General.
SEC. 1. 157
There shall be an Attorney-General elected
by the qualified
voters of the State, on general ticket, on
the Tuesday next after
the first Monday in the month of
November, nineteen
hundred and fifty-eight, and on the
same day, in every
fourth year thereafter, who shall hold
his office for four
years from the time of his election and
qualification, and
until his successor is elected and quali-fied,
and shall be
re-eligible thereto, and shall be subject
to removal for
incompetency, willful neglect of duty or
misdemeanor in office,
on conviction in a Court of Law.
SEC. 2. All
elections for Attorney-General shall be
certified to, and
returns made thereof by the Clerks of the
Circuit Courts for the
several counties, and the Clerk of
the Superior Court of
Baltimore City, to the Governor of
the State, whose duty
it shall be to decide on the election
and qualification of
the person returned; and in case of a
tie between two or
more persons, to designate which of
said persons shall
qualify as Attorney-General, and to
administer the oath of
office to the person elected.
SEC. 3. 158 (a)
The Attorney General shall:
(1) Prosecute and
defend on the part of the State all
cases pending in the
Appellate Courts of the State, in the
Supreme Court of the
United States or the inferior Federal
Courts, by or against
the State, or in which the State may
Maryland Manual
1996-1997 Constitution of Maryland / 931
152 Amended by
Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
153 Repealed by
Chapter 789, Acts of 1969, ratified Nov. 3, 1970.
154 Repealed by
Chapter 789, Acts of 1969, ratified Nov. 3, 1970.
155 Amended by
Chapter 845, Acts of 1914, ratified Nov. 3, 1914; Chapter 786, Acts of
1945, ratified Nov. 5, 1946; Chapter 55,
Acts of 1953, ratified
Nov. 2, 1954; Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
156 Amended by
Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
157 Amended by
Chapter 99, Acts of 1956, ratified Nov. 6, 1956.
158 Amended by
Chapter 663, Acts of 1912, ratified Nov. 4, 1913; Chapter 10, Acts of
1966, ratified Nov. 8, 1966; Chapter 545,
Acts of 1976, ratified
Nov. 2, 1976..be interested, except those criminal appeals otherwise
prescribed by the
General Assembly.
(2) Investigate,
commence, and prosecute or defend any
civil or criminal suit
or action or category of such suits or
actions in any of the
Federal Courts or in any Court of this
State, or before
administrative agencies and quasi legislative
bodies, on the part of
the State or in which the State may be
interested, which the
General Assembly by law or joint
resolution, or the
Governor, shall have directed or shall direct
to be investigated,
commenced and prosecuted or defended.
(3) When required by
the General Assembly by law or
joint resolution, or
by the Governor, aid any State’s
Attorney or other
authorized prosecuting officer in inves-tigating,
commencing, and
prosecuting any criminal suit
or action or category
of such suits or actions brought by
the State in any Court
of this State.
(4) Give his opinion
in writing whenever required by
the General Assembly
or either branch thereof, the Gov-ernor,
the Comptroller, the
Treasurer or any State’s At-torney
on any legal matter or
subject.
(b) The Attorney
General shall have and perform any
other duties and
possess any other powers, and appoint
the number of deputies
or assistants, as the General As-sembly
from time to time may
prescribe by law.
(c) The Attorney
General shall receive for his services
the annual salary as
the General Assembly from time to
time may prescribe by
law, but he may not receive any fees,
perquisites or rewards
whatever, in addition to his salary,
for the performance of
any official duty.
(d) The Governor may
not employ any additional
counsel, in any case
whatever, unless authorized by the
General Assembly.
SEC. 4. No
person shall be eligible to the office of
Attorney General, who
is not a citizen of this State, and a
qualified voter
therein, and has not resided and practiced
Law in this State for
at least ten years.
SEC. 5. 159 In
case of vacancy in the office of Attorney
General, occasioned by
death, resignation, removal from
the State, or from
office, or other disqualification, the
Governor shall appoint
a person to fill the vacancy for the
residue of the term.
SEC. 6. 160 It
shall be the duty of the Clerk of the
Court of Appeals and
the Clerks of any intermediate courts
of appeal,
respectively, whenever a case shall be brought
into said Courts, in
which the State is a party or has
interest, immediately
to notify the Attorney General
thereof.
The State’s
Attorneys.
SEC. 7. 161
There shall be an Attorney for the State in
each county and the
City of Baltimore, to be styled “The
State’s Attorney”, who
shall be elected by the voters
thereof, respectively,
and shall hold his office for four years
from the first Monday
in January next ensuing his election,
and until his
successor shall be elected and qualified; and
shall be re-eligible
thereto, and be subject to removal
therefrom, for
incompetency, willful neglect of duty, or
misdemeanor in office,
on conviction in a Court of Law,
or by a vote of
two-thirds of the Senate, on the recom-mendation
of the
Attorney-General.
SEC. 8. All
elections for the State’s Attorney shall be
certified to, and
Returns made thereof, by the Clerks of the
said Counties and
City, to the Judges thereof, having criminal
jurisdiction,
respectively, whose duty it shall be to decide upon
the elections and
qualifications of the Persons returned; and,
in case of a tie
between two or more persons, to designate
which of said persons
shall qualify as State’s Attorney, and to
administer the oaths
of office to the Person elected.
SEC. 9.162 The State’s
Attorney shall perform such
duties and receive
such salary as shall be prescribed by the
General Assembly. If
any State’s Attorney shall receive any
other fee or reward
than such as is or may be allowed by
law, he shall, on
conviction thereof, be removed from
office; provided, that
the State’s Attorney for Baltimore
City shall have the
power to appoint a Deputy and such
other assistants as
the Supreme Bench of Baltimore City
may authorize or
approve and until otherwise provided by
the General Assembly,
the said State’s Attorney, Deputy
and Assistants shall
receive the following annual salaries:
State’s Attorney,
seven thousand five hundred dollars;
Deputy State’s
Attorney, five thousand dollars; Assistant
State’s Attorneys,
four thousand dollars each; said salaries,
or such salaries as
the General Assembly may subsequently
provide and such
expenses for conducting the office of the
State’s Attorney as
the Supreme Bench of Baltimore City
may authorize or
approve shall be paid by the Mayor and
City Council of
Baltimore to the extent that the total of
them exceeds the fees
of his office, or as the General
Assembly shall
otherwise provide, and the Mayor and City
Council of Baltimore
shall not be liable for appearance fees
to the State’s
Attorney.
SEC. 10. No person
shall be eligible to the office of
State’s Attorney, who
has not been admitted to practice
Law in this State, and
who has not resided, for at least two
years, in the county,
or city, in which he may be elected.
SEC. 11. 163 In case
of a vacancy in the office of State’s
Attorney, or of his
removal from the county or city in
which he shall have
been elected, or on his conviction as
herein specified, the
Judge or Judges resident in the
county or, if there be
no resident Judge, the Judge or
Judges having
jurisdiction in the Circuit Court of the
county in which the
vacancy occurs, or by the Supreme
Bench of Baltimore
City for a vacancy occurring in Balti-more
City, shall appoint a
person to fill the vacancy for the
residue of the term.
SEC. 12. 164
The State’s Attorney in each County, and
the City of Baltimore,
shall have authority to collect, and give
receipt, in the name
of the State, for such sums of money as
may be collected by
him, and forthwith make return of and
pay over the same to
the proper accounting officer. And the
State’s Attorney of
each county, and the City of Baltimore,
before he shall enter
on the discharge of his duties, and from
time to time
thereafter, shall give such corporate surety bond
as may hereafter be
prescribed by Act of the General Assembly.
Article V 932 /
Maryland Manual 1996-1997
159 Amended by
Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
160 Amended by
Chapter 10, Acts of 1966, ratified Nov. 8, 1966; Chapter 681, Acts of
1977, ratified Nov. 7, 1978.
161 Amended by
Chapter 99, Acts of 1956, ratified Nov. 6, 1956; Chapter 681, Acts of
1977, ratified Nov. 7, 1978.
162 Amended by
Chapter 185, Acts of 1900, ratified Nov. 5, 1901; Chapter 624, Acts of
1912, ratified Nov. 4, 1913; Chapter
177, Acts of 1924,
ratified Nov. 4, 1924; Chapter 490, Acts of 1943, ratified Nov. 7, 1944;
Chapter 545, Acts of 1976,
ratified Nov. 2, 1976.
163 Amended by
Chapter 522, Acts of 1957, ratified Nov. 4, 1958; Chapter 14, Acts of
1959, ratified Nov. 8, 1960; Chapter 681,
Acts of 1977, ratified
Nov. 7, 1978.
164 Amended by
Chapter 529, Acts of 1945, ratified Nov. 5, 1946..ARTICLE VI.
TREASURY
DEPARTMENT.
SECTION 1.165
There shall be a Treasury Depart-ment,
consisting of a
Comptroller chosen by the qualified
electors of the State,
who shall receive such salary as may
be fixed by law; and a
Treasurer, to be appointed on joint
ballot by the two
Houses of the Legislature at each regular
session in which
begins the term of the Governor, who
shall receive such
salary as may be fixed by law. The terms
of office of the
Comptroller and Treasurer shall be for four
years, and until their
successors shall qualify; and neither
of the officers shall
be allowed, or receive any fees, com-missions
or perquisites of any
kind in addition to his salary
for the performance of
any duty or services whatsoever. In
case of a vacancy in
the office of the Comptroller by death
or otherwise, the
Governor, by and with the advice and
consent of the Senate,
shall fill such vacancy by appoint-ment,
to continue until
another election and until the
qualification of the
successor. In case of a vacancy in the
office of the
Treasurer by death or otherwise, the Deputy
Treasurer shall act as
Treasurer until the next regular or
extraordinary session
of the Legislature following the
creation of the
vacancy, whereupon the Legislature shall
choose a successor to
serve for the duration of the unex-pired
term of office. The
Comptroller and the Treasurer
shall keep their
offices at the seat of government, and shall
take such oaths and
enter into such bonds for the faithful
discharge of their
duties as are now or may hereafter be
prescribed by law.
SEC. 2. 166 The
Comptroller shall have the general
superintendence of the
fiscal affairs of the State; he shall
digest and prepare
plans for the improvement and man-agement
of the revenue, and
for the support of the public
credit; prepare and
report estimates of the revenue and
expenditures of the
State; superintend and enforce the
prompt collection of
all taxes and revenues; adjust and
settle, on terms
prescribed by law, with delinquent collec-tors
and receivers of taxes
and State revenue; preserve all
public accounts; and
decide on the forms of keeping and
stating accounts. He,
or such of his deputies as may be
authorized to do so by
the Legislature, shall grant, under
regulations prescribed
by Law, all warrants for money to
be paid out of the
Treasury, in pursuance of appropriations
by law, and
countersign all checks drawn by the Treasurer
upon any bank or banks
in which the moneys of the State,
may, from time to
time, be deposited. He shall prescribe
the formalities of the
transfer of stock, or other evidence
of the State debt, and
countersign the same, without which
such evidence shall
not be valid; he shall make to the
General Assembly full
reports of all his proceedings, and
of the state of the
Treasury Department within ten days
after the commencement
of each session; and perform
such other duties as
shall be prescribed by law.
SEC. 3. 167 The
Treasurer shall receive the moneys of
the State, and, until
otherwise prescribed by law, deposit
them, as soon as
received, to the credit of the State, in such
bank or banks as he
may, from time to time, with the
approval of the
Governor, select (the said bank or banks
giving security,
satisfactory to the Governor, for the safe-keeping
and forthcoming, when
required of said deposits),
and he or such of his
deputies as may be authorized to do
so by the Legislature
shall disburse the same for the
purposes of the State
according to law, upon warrants
drawn by the
Comptroller, or his duly authorized deputy,
and on checks
countersigned by the Comptroller, or his
duly authorized
deputy. The Legislature may prescribe, by
law, for the Treasurer
to disburse the moneys of the State,
by a system other than
by the use of checks. The Treasurer
or such of his
deputies as may be authorized to do so by
the Legislature shall
take receipts for all moneys paid from
the Treasury
Department; and receipt for moneys received
by him shall be
endorsed upon warrants signed, by the
Comptroller, or such
deputy as may be authorized to do so
by law, without which
warrants, so signed, no acknow-ledgment
of money received into
the Treasury shall be valid;
and upon warrants
issued by the Comptroller, or his duly
authorized deputy, the
Treasurer shall make arrangements
for the payment of the
interest of the public debt, and for
the purchase thereof,
on account of the sinking fund. Every
bond, certificate, or
other evidence of the debt of the State
shall be signed by the
Treasurer, Chief Deputy Treasurer, or
a Deputy Treasurer,
and countersigned by the Comptroller,
Chief Deputy
Comptroller, or a Deputy Comptroller; and
no new certificate or
other evidence intended to replace
another shall be
issued until the old one shall be delivered
to the Treasurer, and
authority executed in due form for the
transfer of the same
filed in his office, and the transfer
accordingly made on
the books thereof, and the certificate
or other evidence
cancelled; but the Legislature may make
provisions for the
loss of certificates, or other evidences of
the debt; and may
prescribe, by law, the manner in which
the Treasurer shall
receive and keep the moneys of the State.
SEC. 4. The
Treasurer shall ender his Accounts, quar-terly,
to the Comptroller;
and shall publish, monthly, in
such newspapers as the
Governor may direct, an abstract
thereof, showing the
amount of cash on hand, and the
place, or places of
deposit thereof; and on the third day of
each regular session
of the Legislature, he shall submit to
the Senate and House
of Delegates fair and accurate copies
of all Accounts by
him, from time to time, rendered and
settled with the
Comptroller. He shall, at all times, submit
to the Comptroller the
inspection of the money in his
hands, and perform all
other duties that shall be prescribed
by Law.
SEC. 5. The
Comptroller shall qualify, and enter on
the duties of his
office, on the third Monday of January
next succeeding the
time of his election, or as soon
thereafter as
practicable. And the Treasurer shall qualify
within one month after
his appointment by the Legisla-ture.
SEC. 6. 168
Whenever during the recess of the Legisla-ture
charges shall be
preferred to the Governor against the
Comptroller or
Treasurer, for incompetency, malfeasance in
office, willful
neglect of duty, or misappropriation of the
funds of the State, it
shall be the duty of the Governor
forthwith to notify
the party so charged, and fix a day for a
hearing of said
charges; and if, in the case of the Comptroller,
from the evidence
taken, under oath, on said hearing before
the Governor, the said
allegations shall be sustained, it shall
be the duty of the
Governor to remove the Comptroller and
appoint another in his
place, who shall hold the office for
Maryland Manual
1996-1997 Constitution of Maryland / 933
165 Amended by
Chapter 141, Acts of 1922, ratified Nov. 7, 1922; Chapter 428, Acts of
1966, ratified Nov. 8, 1966; Chapter
640, Acts of 1976,
ratified Nov. 2, 1976; Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
166 Amended by
Chapter 632, Acts of 1973, ratified Nov. 5, 1974.
167 Amended by
Chapter 133, Acts of 1929, ratified Nov. 4, 1930; Chapter 56, Acts of
1950, ratified Nov. 7, 1950; Chapter 7,
Acts of 1965, ratified
Nov. 8, 1966; Chapter 632, Acts of 1973, ratified Nov. 5, 1974.
168 Amended by
Chapter 640, Acts of 1975, ratified Nov. 2, 1976..the
unexpired term of the Comptroller so removed. How-
ever, if, in the case of the
Treasurer, from the evidence
taken under oath in the hearing
before the Governor, the
allegations are sustained, it is
the duty of the Governor to
remove the Treasurer, and the
Deputy Treasurer shall act
as Treasurer until the next
regular or extraordinary session
of the Legislature following the
appointment, whereupon
a successor shall be chosen by the
Legislature who shall
serve for the unexpired term of
the Treasurer so removed.
ARTICLE VII.
SUNDRY OFFICERS.
SECTION 1.
169 The County Commissioners of
each
county not governed by Article
XI-A of this Constitution
may be elected by the voters of
commissioner districts
established therein, or by the
voters of the entire county,
or by a combination of these
methods of election, as
provided by the General Assembly
by law.
SEC. 2.
170 The number, compensation, and
powers
and duties of the County
Commissioners of each county
not governed by Article XI-A of
this Constitution shall be
such as now are or may be
hereafter prescribed by law.
SEC. 3.
171 Vacant.
SEC. 4.
172 Vacant.
SEC. 5.
173 Vacant.
SEC. 6.
174 Vacant.
ARTICLE VIII.
EDUCATION.
SECTION 1.
The General Assembly, at its First
Ses-
sion after the adoption of this
Constitution, shall by Law
establish throughout the State a
thorough and efficient
System of Free Public Schools; and
shall provide by taxa-
tion, or otherwise, for their
maintenance.
SEC. 2.
The System of Public Schools, as
now consti-
tuted, shall remain in force until
the end of the said First
Session of the General Assembly,
and shall then expire;
except so far as adopted, or
continued by the General
Assembly.
SEC. 3. The School Fund of the
State shall be kept
inviolate, and appropriated only
to the purposes of
Education.
ARTICLE IX.
MILITIA AND MILITARY AFFAIRS.
SECTION 1. The General Assembly
shall make, from
time to time, such provisions for
organizing, equipping
and disciplining the Militia, as
the exigency may require,
and pass such Laws to promote
Volunteer Militia organi-
zations as may afford them
effectual encouragement.
SEC. 2.
There shall be an
Adjutant-General, ap-
pointed by the Governor, by and
with the advice and
consent of the Senate. He shall
hold his office until the
appointment and qualification of
his successor, or until
removed in pursuance of the
sentence of a Court Martial.
He shall perform such duties, and
receive such compen-
sation, or emoluments, as are now,
or may be prescribed
by Law. He shall discharge the
duties of his office at the
seat of Government, unless absent,
under orders, on duty;
and no other officer of the
General Staff of the Militia shall
receive salary or pay, except when
on service, and mustered
in with troops.
SEC. 3.
175 Vacant.
ARTICLE X.
176
Vacant.
ARTICLE XI.
177
CITY OF BALTIMORE.
SECTION 1.
The Inhabitants of the City of
Baltimore,
qualified by Law to vote in said
city for members of the
House of Delegates, shall on the
Tuesday after the first
Monday of November, eighteen
hundred and eighty-nine,
and on the same day and month in
every second year
thereafter, elect a person to be
Mayor of the City of Balti-
more, who shall have such
qualifications, receive such com-
pensation, discharge such duties,
and have such powers as
are now, or may hereafter be
prescribed by Law; and the
term of whose office shall
commence on the third Wednes-
day in the November of the year of
his election, and shall
continue for two years, and until
his successor shall have
qualified.
SEC. 2.
The City Council of Baltimore
shall consist of
two branches, one of which shall
be called the First Branch,
and the other the Second Branch,
and each shall consist of
such number of members, having
such qualification, receiv-
ing such compensation, performing
such duties, possessing
such powers, holding such terms of
office, and elected in
such manner, as are now, or may
hereafter be prescribed by
Law.
SEC. 3.
An election for members of the
First Branch
of the City Council of Baltimore
shall be held in the City
of Baltimore on the Tuesday after
the first Monday of
November, eighteen hundred and
eighty-nine, and on the
same day in every year thereafter;
and for members of the
Second Branch on the Tuesday after
the first Monday of
November, eighteen hundred and
eighty-nine, and on the
same day in every second year
thereafter; and the qualifi-
cation for electors of the members
of the City Council shall
be the same as those prescribed
for the electors of Mayor.
Article VII 934 / Maryland Manual
1996-1997
169
Amended by Chapter 255, Acts of
1890, ratified Nov. 3, 1891; Chapter 99, Acts of 1956, ratified Nov. 6,
1956; Chapter 681,
Acts of 1977, ratified Nov. 7,
1978; Chapter 707, Acts of 1986, ratified Nov. 4, 1986.
170
Amended by Chapter 99, Acts of
1956, ratified Nov. 6, 1956. Repealed by Chapter 681, Acts of 1977,
ratified Nov. 7, 1978.
Added by Chapter 707, Acts of
1986, ratified Nov. 4, 1986.
171
Amended by Chapter 97, Acts of
1958, ratified Nov. 4, 1958. Repealed by Chapter 681, Acts of 1977,
ratified Nov. 7, 1978.
172
Amended by Chapter 489, Acts of
1966, ratified Nov. 8, 1966. Repealed by Chapter 681, Acts of 1977,
ratified Nov. 7, 1978.
173
Repealed by Chapter 681, Acts of
1977, ratified Nov. 7, 1978.
174
Repealed by Chapter 99, Acts of
1956, ratified Nov. 6, 1956.
175
Repealed by Chapter 99, Acts of
1956, ratified Nov. 6, 1956.
176
Repealed by Chapter 99, Acts of
1956, ratified Nov. 6, 1956.
177
Amended by Chapter 397, Acts of
1888. See Section 9, Article XI, and Charter of Baltimore City (1964
Edition), for changes
in this Article made under
authority of Article 11A of the Constitution..SEC. 4 The
regular sessions of the City Council of
Baltimore (which shall
be annual), shall commence on the
third Monday of
January of each year, and shall not
continue more than
ninety days, exclusive of Sundays; but
the Mayor may convene
the City Council in extra session
whenever, and as often
as it may appear to him that the
public good may
require, but no called or extra session
shall last longer than
twenty days, exclusive of Sundays.
SEC. 5. No
person elected and qualified as Mayor, or
as a member of the
City Council, shall during the term for
which he was elected,
hold any other office of profit or trust,
created, or to be
created, by the Mayor and City Council of
Baltimore, or by any
Law relating to the Corporation of
Baltimore, or hold any
employment, or position, the com-pensation
of which shall be
paid, directly or indirectly, out
of the City Treasury;
nor shall any such person be interested,
directly or
indirectly, in any contract, to which the City is a
party; nor shall it be
lawful for any person, holding any office,
under the City, to be
interested, while holding such office,
in any contract, to
which the City is a party.
SEC. 6. The
Mayor shall, on conviction in a Court of
Law, of wilful neglect
of duty, or misbehavior in office, be
removed from office by
the Governor of the State, and a
successor shall
thereafter be elected, as in a case of vacancy.
SEC. 7.178 From and
after the adoption of this Consti-tution,
no debt except as
hereinafter provided in this section,
shall be created by
the Mayor and City Council of Baltimore;
nor shall the credit
of the Mayor and City Council of
Baltimore be given, or
loaned to, or in aid of any individual,
association, or
corporation; nor shall the Mayor and City
Council of Baltimore
have the power to involve the City of
Baltimore in the
construction of works of internal improve-ment,
nor in granting any
aid thereto, which shall involve
the faith and credit
of the City, nor make any appropriation
therefor, unless the
debt or credit is authorized by an
ordinance of the Mayor
and City Council of Baltimore,
submitted to the legal
voters of the City of Baltimore, at such
time and place as may
be fixed by the ordinance, and
approved by a majority
of the votes cast at that time and
place. An ordinance
for the authorization of debt or credit
as aforesaid may not
be submitted to the legal voters of
Baltimore City unless
the proposed creation of debt or
extension of credit is
either (1) presented to and approved
by a majority of the
members of the General Assembly
representing Baltimore
City no later than the 30th day of
the regular session of
the General Assembly immediately
preceding its
submission to the voters, or (2) authorized by
an Act of the General
Assembly. The ordinance shall provide
for the discharge of
any such debt or credit within the period
of 40 years from the
time of contracting the same. The
Mayor and City Council
may, temporarily, borrow any
amount of money to
meet any deficiency in the City treasury,
and may borrow any
amount at any time to provide for any
emergency arising from
the necessity of maintaining the
police, or preserving
the health, safety and sanitary condition
of the City, and may
make due and proper arrangements and
agreements for the
renewal and extension, in whole or in
part, of any and all
debts and obligations created according
to law before the
adoption of this Constitution.
The General Assembly
may, from time to time, fix a
limit upon the
aggregate amount of bonds and other
evidences of
indebtedness of the City outstanding at any
one time to the same
extent as it fixes such a limit upon
the indebtedness of
the chartered counties.
SEC. 8. All Laws and
Ordinances, now in force, appli-cable
to the City of
Baltimore, not inconsistent with this
Article, shall be, and
they are hereby continued until
changed in due course
of Law.
SEC. 9. The General
Assembly may make such changes
in this Article,
except in Section seventh thereof, as it may
deem best; and this
Article shall not be so construed, or taken
as to make the
political corporation of Baltimore inde-pendent
of, or free from the
control, which the General
Assembly of Maryland
has over all such Corporations in this
State.
ARTICLE XI-A.179
LOCAL LEGISLATION.
SECTION 1.180 On
demand of the Mayor of Balti-more
and City Council of
the City of Baltimore, or on
petition bearing the
signatures of not less than 20% of the
registered voters of
said City or any County (Provided,
however, that in any
case 10,000 signatures shall be sufficient
to complete a
petition), the Board of Election Supervisors
of said City or County
shall provide at the next general or
congressional
election, occurring after such demand or the
filing of such
petition, for the election of a charter board of
eleven registered
voters of said City or five registered voters
in any such Counties.
Nominations for members for said
charter board may be
made not less than forty days prior to
said election by the
Mayor of Baltimore and City Council of
the City of Baltimore
or the County Commissioners of such
County, or not less
than twenty days prior to said election
by petition bearing
the signatures written in their own
handwriting (and not
by their mark) of not less than 5% of
the registered voters
of the said City of Baltimore or said
County; provided, that
in any case two thousand signatures
of registered voters
shall be sufficient to complete any such
nominating petition,
and if not more than eleven registered
voters of the City of
Baltimore or not more than five
registered voters in
any such County are so nominated their
names shall not be
printed on the ballot, but said eleven
registered voters in
the City of Baltimore or five in such
County shall
constitute said charter board from and after the
date of said election.
At said election the ballot shall contain
the names of said
nominees in alphabetical order without
any indication of the
source of their nomination, and shall
also be so arranged as
to permit the voter to vote for or
against the creation
of said charter board, but the vote cast
against said creation
shall not be held to bar the voter from
expressing his choice
among the nominees for said board,
and if the majority of
the votes cast for and against the
creation of said
charter board shall be against said creation
the election of the
members of said charter board shall be
void; but if such
majority shall be in favor of the creation of
said charter board,
then and in that event the eleven nomi-nees
of the City of
Baltimore or five nominees in the County
receiving the largest
number of votes shall constitute the
charter board, and
said charter board, or a majority thereof,
shall prepare within
twelve months from the date of said
election a charter or
form of government for said city or such
county and present the
same to the Mayor of Baltimore or
President of the Board
of County Commissioners of such
county, who shall
publish the same in at least two newspapers
of general circulation
published in the City of Baltimore or
Maryland Manual
1996-1997 Constitution of Maryland / 935
178 Amended by
Chapter 456, Acts of 1933, ratified Nov. 6, 1934; Chapter 739, Acts of
1982, ratified Nov. 2, 1982.
179 Added by
Chapter 416, Acts of 1914, ratified Nov. 2, 1915.
180 Amended by
Chapter 192, Acts of 1963, ratified Nov. 3, 1964..County within thirty
days after it shall be reported to him.
Such charter shall be
submitted to the voters of said City
or County at the next
general or Congressional election
after the report of
said charter to said Mayor of Baltimore
or President of the
Board of County Commissioners; and
if a majority of the
votes cast for and against the adoption
of said charter shall
be in favor of such adoption, the said
charter from and after
the thirtieth day from the date of
such election shall
become the law of said City or County,
subject only to the
Constitution and Public General Laws
of this State, and any
public local laws inconsistent with
the provisions of said
charter and any former charter of
the City of Baltimore
or County shall be thereby repealed.
SEC. 1A.181 The
procedure provided in this section
for adoption of a
charter may be used in any county in lieu
of the procedures
provided in Section 1 of this Article, and
a charter adopted
pursuant to this section has the effect of
a charter adopted in
accordance with the provisions of
Section 1. The board
of county commissioners of any
county at any time may
appoint a charter board. Said
charter board shall be
registered voters and shall consist
of an uneven number of
members, not fewer than five or
more than nine. The
board of county commissioners shall
appoint a charter
board within thirty days after receiving
a petition signed by
five percent of the registered voters
of the county or by
ten thousand voters of the county,
whichever is the
lesser number. If additional charter board
members are nominated
by petitions signed by three
percent of the
registered voters of the county or by two
thousand registered
voters, whichever is the lesser num-ber,
delivered to the board
of county commissioners
within sixty days
after the charter board is appointed, the
board of county
commissioners shall call a special election
not less than thirty
or more than ninety days after receiving
petitions, unless a
regular election falls within the desig-nated
period. The appointees
of the board of county
commissioners and
those nominated by petitions shall be
placed on the ballot
in alphabetical order without party
designation. The
voters may cast votes for, and elect a
number of nominees
equal to the number of charter board
members originally
selected by the board of county com-missioners,
and those so elected
are the charter board. The
charter board, within
18 months from the date of its
appointment, or if
there was an election for some of its
members, within 18
months from the date of the election,
shall present a
proposed charter for the county to the
board of county
commissioners, which shall publish it at
least twice in one or
more newspapers of general circula-tion
in the county within
thirty days after it is presented.
The charter shall be
submitted to the voters of the county
at a special or
regular election held not earlier than thirty
days or later than
ninety days after publication of the
charter. If a majority
of the votes cast for and against the
adoption of the
charter are in favor of its adoption, the
charter shall become
effective as the charter of the county
on the thirtieth day
after the election or such later date as
shall be specified in
the charter.
SEC. 2. 182 The
General Assembly shall by public
general law provide a
grant of express powers for such
County or Counties as
may thereafter form a charter under
the provisions of this
Article. Such express powers granted
to the Counties and
the powers heretofore granted to the
City of Baltimore, as
set forth in Article 4, Section 6,
Public Local Laws of
Maryland, shall not be enlarged or
extended by any
charter formed under the provisions of
this Article, but such
powers may be extended, modified,
amended or repealed by
the General Assembly.
SEC. 3. 183
Every charter so formed shall provide for
an elective
legislative body in which shall be vested the
lawmaking power of
said City or County. Such legislative
body in the City of
Baltimore shall be known as the City
Council of the City of
Baltimore, and in any county shall
be known as the County
Council of the County. The chief
executive officer, if
any such charter shall provide for the
election of such
executive officer, or the presiding officer
of said legislative
body, if such charter shall not provide for
the election of a
chief executive officer, shall be known in
the City of Baltimore
as Mayor of Baltimore, and in any
County as the
President or Chairman of the County
Council of the County,
and all references in the Constitu-tion
and laws of this State
to the Mayor of Baltimore and
City Council of the
City of Baltimore or to the County
Commissioners of the
Counties, shall be construed to refer
to the Mayor of
Baltimore and City Council of the City
of Baltimore and to
the President or Chairman and
County Council herein
provided for whenever such con-struction
would be reasonable.
From and after the adop-tion
of a charter by the
City of Baltimore, or any County
of this State, as
hereinbefore provided, the Mayor of
Baltimore and City
Council of the City of Baltimore or
the County Council of
said County, subject to the Con-stitution
and Public General
Laws of this State, shall have
full power to enact
local laws of said City or County
including the power to
repeal or amend local laws of said
City or County enacted
by the General Assembly, upon all
matters covered by the
express powers granted as above
provided; provided
that nothing herein contained shall be
construed to authorize
or empower the County Council
of any County in this
State to enact laws or regulations for
any incorporated town,
village, or municipality in said
County, on any matter
covered by the powers granted to
said town, village, or
municipality by the Act incorporating
it, or any subsequent
Act or Acts amendatory thereto.
Provided, however,
that the charters for the various Coun-ties
shall specify the
number of days, not to exceed forty-five,
which may but need not
be consecutive, that the
County Council of the
Counties may sit in each year for
the purpose of
enacting legislation for such Counties, and
all legislation shall
be enacted at the times so designated
for that purpose in
the charter, and the title or a summary
of all laws and
ordinances proposed shall be published once
a week for two
successive weeks prior to enactment fol-lowed
by publication once
after enactment in at least one
newspaper of general
circulation in the county, so that the
taxpayers and citizens
may have notice thereof. The valid-ity
of emergency
legislation shall not be affected if enacted
prior to the
completion of advertising thereof. These
provisions concerning
publication shall not apply to Bal-timore
City. All such local
laws enacted by the Mayor of
Baltimore and City
Council of the City of Baltimore or
the Council of the
Counties as hereinbefore provided,
shall be subject to
the same rules of interpretation as those
now applicable to the
Public Local Laws of this State,
except that in case of
any conflict between said local law
and any Public General
Law now or hereafter enacted the
Public General Law
shall control.
SEC. 3A.184 (a)
The charter for the government of
any county governed by
the provisions of this Article may
Article XI-A 936 /
Maryland Manual 1996-1997
181 Added by
Chapter 786, Acts of 1969, ratified Nov. 3, 1970. Amended by Chapter
207, Acts of 1992, ratified Nov. 3, 1992.
182 Amended by
Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
183 Amended by
Chapter 557, Acts of 1955, ratified Nov. 6, 1956; Chapter 371, Acts of
1972, ratified Nov. 7, 1972..provide for the election of members of the
county council
by the voters of
councilmanic districts therein established,
or by the voters of
the entire county, or by a combination
of these methods of
election.
(b) Repealed.185
(c) Repealed.186
(d) Notwithstanding
any other provision of this Con-stitution,
the Charter for the
government of Harford
County under the
provisions of this Article, either as
adopted, or by
amendment, shall provide for the election
of members of the
County Council by the voters of the
entire county.
SEC. 4. From
and after the adoption of a charter
under the provisions
of this Article by the City of Balti-more
or any County of this
State, no public local law shall
be enacted by the
General Assembly for said City or
County on any subject
covered by the express powers
granted as above
provided. Any law so drawn as to apply
to two or more of the
geographical sub-divisions of this
State shall not be
deemed a Local Law, within the meaning
of this Act. The term
“geographical sub-division” herein
used shall be taken to
mean the City of Baltimore or any
of the Counties of
this State.
SEC. 5. 187
Amendments to any charter adopted by
the City of Baltimore
or by any County of this State under
the provisions of this
Article may be proposed by a reso-lution
of the Mayor of
Baltimore and the City Council of
the City of Baltimore,
or the Council of the County, or by
a petition signed by
not less than 20% of the registered
voters of the City or
County, provided, however, that in
any case 10,000
signatures shall be sufficient to complete
a petition. A petition
shall be filed with the Mayor of
Baltimore or the
President of the County Council. An
amendment so proposed
shall be submitted to the voters
of the City or County
at the next general or congressional
election occurring
after the passage of the resolution or
the filing of the
petition. If at the election the majority of
the votes cast for and
against the amendment shall be in
favor thereof, the
amendment shall be adopted and be-come
a part of the charter
of the City or County from and
after the thirtieth
day after said election. The amendments
shall be published by
the Mayor of Baltimore or President
of the County Council
once a week for five successive
weeks prior to the
election in at least one newspaper
published in said City
or County.
SEC. 6. The
power heretofore conferred upon the
General Assembly to
prescribe the number, compensation,
powers and duties of
the County Commissioners in each
county, and the power
to make changes in Sections 1 to 6
inclusive, Article XI
of this Constitution, when expressly
granted as
hereinbefore provided, are hereby transferred
to the voters of each
County and the voters of City of
Baltimore,
respectively, provided that said powers so trans-ferred
shall be exercised
only by the adoption or amend-ment
of a charter as
hereinbefore provided; and provided
further that this
Article shall not be construed to authorize
the exercise of any
powers in excess of those conferred by
the Legislature upon
said Counties or City as this Article
sets forth.
SEC. 7. 188 The
word “Petition” as used in this Article
means one or more
sheets written or printed, or partly
written and partly
printed. There shall be attached to each
paper of signatures
filed with a petition an affidavit of the
person procuring those
signatures that the signatures were
affixed in his
presence and that, based upon the person’s
best knowledge and
belief, every signature on the paper is
genuine and bona fide
and that the signers are registered
voters at the address
set opposite or below their names.
The General Assembly
shall prescribe by law the form of
the petition, the
manner for verifying its authenticity, and
other administrative
procedures which facilitate the peti-tion
process and which are
not in conflict with this Article.
The false signing of
any name, or the signing of any
fictitious name to
said petition shall be forgery, and the
making of any false
affidavit in connection with said
petition shall be
perjury.
ARTICLE XI-B.189
CITY OF
BALTIMORE—LAND DEVELOPMENT
AND REDEVELOPMENT.
SECTION 1.190
The General Assembly of Maryland,
by public local law,
may authorize and empower the Mayor
and City Council of
Baltimore:
(a) To acquire, within
the boundary lines of Baltimore
City, land and
property of every kind, and any right,
interest, franchise,
easement or privilege therein, by pur-chase,
lease, gift,
condemnation or any other legal means,
for development or
redevelopment, including, but not
limited to, the
comprehensive renovation or rehabilitation
thereof; and
(b) To sell, lease,
convey, transfer or otherwise dispose
of any of said land or
property, regardless of whether or
not it has been
developed, redeveloped, altered or im-proved
and irrespective of
the manner or means in or by
which it may have been
acquired, to any private, public or
quasi public
corporation, partnership, association, person
or other legal entity.
No land or property
taken by the Mayor and City
Council of Baltimore
for any of the aforementioned
purposes or in
connection with the exercise of any of the
powers which may be
granted to the Mayor and City
Council of Baltimore
pursuant to this Article by exercis-ing
the power of eminent
domain, shall be taken without
just compensation, as
agreed upon between the parties,
or awarded by a jury,
being first paid or tendered to the
party entitled to such
compensation.
All land or property
needed, or taken by the exercise
of the power of
eminent domain, by the Mayor and City
Council of Baltimore
for any of the aforementioned pur-poses
or in connection with
the exercise of any of the
powers which may be
granted to the Mayor and City
Maryland Manual
1996-1997 Constitution of Maryland / 937
184 Amended by
Chapter 358, Acts of 1971, ratified Nov. 7, 1972; Chapter 785, Acts of
1975, ratified Nov. 2, 1976; Chapter
682, Acts of 1977,
ratified Nov. 7, 1978; Chapter 136, Acts of 1980, ratified Nov. 4, 1980;
Chapter 729, Acts of 1982,
ratified Nov. 2, 1982;
Chapters 694, 707, Acts of 1986, ratified Nov. 4, 1986.
185 Repealed by
Chapter 707, Acts of 1986, ratified Nov. 4, 1986.
186 Repealed by
Chapter 707, Acts of 1986, ratified Nov. 4, 1986.
187 Amended by
Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
188 Amended by
Chapter 849, Acts of 1982, ratified Nov. 2, 1982.
189 Added by
Chapter 649, Acts of 1943, ratified Nov. 7, 1944.
190 Amended by
Chapter 659, Acts of 1945, ratified Nov. 5, 1946; Chapter 162, Acts of
1947, ratified Nov. 2, 1948..Council of Baltimore pursuant to this
Article is hereby
declared to be needed
or taken for a public use.
SEC. 2. 191 The
General Assembly of Maryland may
grant to the Mayor and
City Council of Baltimore any and
all additional power
and authority necessary or proper to
carry into full force
and effect any and all of the specific
powers which the
General Assembly is authorized to grant
to the Mayor and City
Council of Baltimore pursuant to
this Article and to
fully accomplish any and all of the
purposes and objects
contemplated by the provisions of
this Article, provided
such additional power or authority
is not inconsistent
with the terms and provisions of this
Article or with any
other provision or provisions of the
Constitution of
Maryland. The General Assembly may
place such other and
further restrictions or limitations on
the exercise of any of
the powers which it may grant to the
Mayor and City Council
of Baltimore under the provisions
of this Article as it
may deem proper and expedient.
SEC. 3. 192
Vacant.
ARTICLE XI-C.193
OFF-STREET PARKING.
SECTION 1. The
General Assembly of Maryland, by
public local law, may
authorize the Mayor and City Coun-cil
of Baltimore:
(a) Within the City of
Baltimore to acquire land and
property of every
kind, and any right, interest, franchise,
easement or privilege
therein, by purchase, lease, gift,
condemnation or any
other legal means, for storing, park-ing
and servicing
self-propelled vehicles, provided, that no
petroleum products
shall be sold or offered for sale at any
entrance to or exit
from, any land so acquired or at any
entrance to, or exit
from, any structure erected thereon,
when any entrance to,
or exit from, any such land or
structure faces on a
street or highway which is more than
25 feet wide from curb
to curb; and
(b) To sell, lease,
convey, transfer or otherwise dispose
of any of said land or
property, regardless of whether or
not it has been
developed, redeveloped, altered, or im-proved
and irrespective of
the manner or means in or by
which it may have been
acquired, to any private, public or
quasi public
corporation, partnership, association, person
or other legal entity.
No land or property
taken by the Mayor and City
Council of Baltimore
for any of the aforementioned pur-poses
or in connection with
the exercise of any of the
powers which may be
granted to the Mayor and City
Council of Baltimore
pursuant to this Article by exercising
the power of eminent
domain, shall be taken without just
compensation, as
agreed upon between the parties, or
awarded by a jury,
being first paid or tendered to the party
entitled to such
compensation.
All land or property
needed, or taken by the exercise
of the power of
eminent domain, by the Mayor and City
Council of Baltimore
for any of the aforementioned pur-poses
or in connection with
the exercise of any of the
powers which may be
granted to the Mayor and City
Council of Baltimore
pursuant to this Article is hereby
declared to be needed
or taken for a public use.
SEC. 2. The
General Assembly of Maryland may grant
to the Mayor and City
Council of Baltimore any and all
additional power and
authority necessary or proper to
carry into full force
and effect any and all of the specific
powers which the
General Assembly is authorized to grant
to the Mayor and City
Council of Baltimore pursuant to
this Article and to
fully accomplish any and all of the
purposes and objects
contemplated by the provisions of
this Article, provided
such additional power or authority
is not inconsistent
with the terms and provisions of this
Article or with any
other provision or provisions of the
Constitution of
Maryland. The General Assembly may
place such other and
further restrictions or limitations on
the exercise of any of
the powers which it may grant to the
Mayor and City Council
of Baltimore under the provisions
of this Article as it
may deem proper and expedient.
SEC. 3. 194 In
addition to the powers granted and
exercised under
Sections 1 and 2, the Mayor and City
Council of Baltimore
may, by ordinance, borrow money
to finance the
establishment, construction, erection, al-teration,
expansion, enlarging,
improving, equipping, re-pairing,
maintaining,
operating, controlling, and
regulating of
off-street parking facilities owned or to be
owned by the Mayor and
City Council of Baltimore, and
evidence such
borrowing by the issuance of revenue
bonds, notes or other
obligations to be secured by a pledge
of the revenues
derived from such facilities, and may
further pledge
revenues collected from parking taxes,
parking fees or
charges, parking fines or any other revenue
derived from the
parking of motor vehicles in the City of
Baltimore to or for
the payment of such revenue bonds,
notes or other
obligations; and for such purposes the
Commissioners of
Finance are empowered to maintain a
fund consisting of the
revenue pledged herein. The bonds,
notes or other
obligations issued hereunder and the pledge
of revenues, taxes,
fees, charges or fines provided for
herein shall not
constitute a general obligation of nor a
pledge of the faith
and credit or taxing power of the Mayor
and City Council of
Baltimore and shall not constitute a
debt of the Mayor and
City Council of Baltimore within
the meaning of Section
7 of Article XI of the Constitution
of Maryland. The
ordinance may prescribe the form and
terms of the bonds,
notes or other obligations, the time
and manner of public
or private sale thereof, and the
method and terms of
payment therefor, and may authorize
the Commissioners of
Finance by resolution to determine
any matters
hereinabove recited and to do any and all
things necessary or
appropriate in connection with the
issuance and sale
thereof.
ARTICLE XI-D.195
PORT DEVELOPMENT.
SECTION 1.196
The General Assembly of Maryland,
by public local law,
may authorize the Mayor and City
Council of Baltimore:
(a) To acquire land
and property of every kind, and
any right, interest,
franchise, easement or privilege therein,
in adjoining or in the
vicinity of the Patapsco River or its
Article XI-C 938 /
Maryland Manual 1996-1997
191 Amended by
Chapter 162, Acts of 1947, ratified Nov. 2, 1948.
192 Repealed by
Chapter 681, Acts of 1977, ratified Nov. 7, 1978.
193 Added by
Chapter 505, Acts of 1947, ratified Nov. 2, 1948.
194 Added by
Chapter 552, Acts of 1976, ratified Nov. 2, 1976.
195 Added by
Chapter 199, Acts of 1951, ratified Nov. 4, 1952.
196 Amended by
Chapter 754, Acts of 1953, ratified Nov. 2, 1954; Chapter 681, Acts of
1977, ratified Nov. 7, 1978..tributaries, by purchase, lease, gift,
condemnation or any
other legal means, for
or in connection with extending,
developing or
improving the harbor or port of Baltimore
and its facilities and
the highways and approaches thereto;
and providing,
further, that the Mayor and City Council
of Baltimore shall not
acquire any such land or property,
or any such right,
interest, franchise, easement or privilege
therein, for any of
said purposes, in any of the counties of
this State without the
prior consent and approval by
resolution duly passed
after a public hearing, by the gov-erning
body of the county in
which such land or property,
or such right,
interest, franchise, easement or privilege
therein, is situate;
and provided, further, that Anne Arun-del
County shall retain
jurisdiction and power to tax any
land so acquired by
the Mayor and City Council of
Baltimore under the
provisions of this Act.
(b) To sell, lease,
convey, transfer or otherwise dispose
of any of said land or
property, regardless of whether or
not it is undeveloped
or has been developed, redeveloped,
altered, or improved
and irrespective of the manner or
means in or by which
it may have been acquired, to any
private, public or
quasi public corporation, partnership,
association, person or
other legal entity.
No land or property
taken by the Mayor and City
Council of Baltimore
for any of the aforementioned pur-poses
or in connection with
the exercise of any of the
powers which may be
granted to the Mayor and City
Council of Baltimore
pursuant to this Article by exercising
the power of eminent
domain, shall be taken without just
compensation, as
agreed upon between the parties, or
awarded by a jury,
being first paid or tendered to the party
entitled to such
compensation.
All land or property
needed, or taken by the exercise
of the power of
eminent domain, by the Mayor and City
Council of Baltimore
for any of the aforementioned pur-poses
or in connection with
the exercise of any of the
powers which may be
granted to the Mayor and City
Council of Baltimore
pursuant to this Article is hereby
declared to be needed
or taken for a public use.
SEC. 2. 197 The
General Assembly of Maryland may
grant to the Mayor and
City Council of Baltimore any and
all additional power
and authority necessary or proper to
carry into full force
and effect any and all of the specified
powers which the
General Assembly is authorized to grant
to the Mayor and City
Council of Baltimore pursuant to
this Article and to
fully accomplish any and all of the
purposes and objects
contemplated by the provisions of
this Article, provided
such additional power or authority
is not inconsistent
with the terms and provisions of this
Article or with any
other provision or provisions of the
Constitution of
Maryland. The General Assembly may
place such other and
further restrictions or limitations on
the exercise of any of
the powers which it may grant to the
Mayor and City Council
of Baltimore under the provisions
of this Article as it
may deem proper and expedient.
SEC. 3. 198
Provided, however, that no public local law
enacted under the
provisions and authority of this Article
shall be enacted or
construed to authorize the Mayor and
City Council of
Baltimore to exercise or apply any of the
powers or authority in
this Article enumerated within the
territorial limits of
Howard County.
ARTICLE XI-E.199
MUNICIPAL
CORPORATIONS.
SECTION 1.
Except as provided elsewhere in this
Article, the General
Assembly shall not pass any law relating
to the incorporation,
organization, government, or affairs
of those municipal
corporations which are not authorized
by Article 11-A of the
Constitution to have a charter form
of government which
will be special or local in its terms or
in its effect, but the
General Assembly shall act in relation
to the incorporation,
organization, government, or affairs
of any such municipal
corporation only by general laws
which shall in their
terms and in their effect apply alike to
all municipal
corporations in one or more of the classes
provided for in
Section 2 of this Article. It shall be the duty
of the General
Assembly to provide by law the method by
which new municipal
corporations shall be formed.
SEC. 2. The
General Assembly, by law, shall classify
all such municipal
corporations by grouping them into not
more than four classes
based on populations as determined
by the most recent
census made under the authority of the
United States or the
State of Maryland. No more than one
such grouping of
municipal corporations into four (or
fewer) classes shall
be in effect at any time, and the
enactment of any such
grouping of municipal corporations
into four (or fewer)
classes shall repeal any such grouping
of municipal
corporations into four (or fewer) classes then
in effect. Municipal
corporations shall be classified only as
provided in this
section and not otherwise.
SEC. 3. Any
such municipal corporation, now existing
or hereafter created,
shall have the power and authority,
(a) to amend or repeal
an existing charter or local laws
relating to the
incorporation, organization, government,
or affairs of said
municipal corporation heretofore enacted
by the General
Assembly of Maryland, and (b) to adopt a
new charter, and to
amend or repeal any charter adopted
under the provisions
of this Article.
SEC. 4. The
adoption of a new charter, the amendment
of any charter or
local laws, or the repeal of any part of a charter
or local laws shall be
proposed either by a resolution of the
legislative body of
any such municipal corporation or by a
petition containing
the signatures of at least five per cent of the
registered voters of a
municipal corporation and filed with the
legislative body of
said municipal corporation. The General
Assembly shall amplify
the provisions of this section by general
law in any manner not
inconsistent with this Article.
SEC. 5.
Notwithstanding any other provision in this
Article, the General
Assembly may enact, amend, or repeal
local laws placing a
maximum limit on the rate at which
property taxes may be
imposed by any such municipal
corporation and
regulating the maximum amount of debt
which may be incurred
by any municipal corporation. How-ever,
no such local law
shall become effective in regard to a
municipal corporation
until and unless it shall have been
approved at a regular
or special municipal election by a
majority of the voters
of that municipal corporation voting
on the question. No
such municipal corporation shall levy
any type of tax,
license fee, franchise tax or fee which was not
in effect in such
municipal corporation on January 1, 1954,
unless it shall
receive the express authorization of the General
Assembly for such
purpose, by a general law which in its
terms and its effect
applies alike to all municipal corporations
in one or more of the
classes provided for in Section 2 of this
Maryland Manual
1996-1997 Constitution of Maryland / 939
197 Amended by
Chapter 754, Acts of 1953, ratified Nov. 2, 1954.
198 Added by
Chapter 754, Acts of 1953, ratified Nov. 2, 1954.
199 Added by
Chapter 53, Acts of 1954, ratified Nov. 2, 1954..Article. All charter
provisions enacted under the authority
of Section 3 of this
Article shall be subject to any local laws
enacted by the General
Assembly and approved by the
municipal voters under
the provisions of this section.
SEC. 6. All charter
provisions, or amendments
thereto, adopted under
the provisions of this Article, shall
be subject to all
applicable laws enacted by the General
Assembly; except that
any local laws, or amendments
thereto, relating to
the incorporation, organization, gov-ernment,
or affairs of any
municipal corporation and
enacted before this
Article becomes effective, shall be
subject to any charter
provisions, or amendments thereto,
adopted under the
provisions of this Article. Any local law,
or amendments thereto,
relating to the incorporation,
organization,
government, or affairs of any municipal
corporation and in
effect at the time this Article becomes
effective, shall be
subject to any applicable State law
enacted after this
Article becomes effective. All laws en-acted
by the General
Assembly and in effect at the time
this Article becomes
effective, shall remain in effect until
amended or repealed in
accordance with the provisions of
this Constitution.
Nothing in this Article shall be con-strued
to authorize any
municipal corporation by any
amendment or addition
to its charter, to permit any act
which is prohibited by
the laws of this State concerning
the observance of the
Sabbath Day or the manufacture,
licensing or sale of
alcoholic beverages.
ARTICLE XI-F.200
HOME RULE FOR CODE
COUNTIES.
SECTION 1. For the
purposes of this Article, (1)
“code county” means a
county which is not a charter
county under Article
11A of this Constitution and has
adopted the optional
powers of home rule provided under
this Article; and (2)
“public local law” means a law appli-cable
to the incorporation,
organization, or government
of a code county and
contained in the county’s code of
public local laws; but
this latter term specifically does not
include (i) the
charters of municipal corporations under
Article 11E of this
Constitution, (ii) the laws or charters
of counties under
Article 11A of this Constitution, (iii)
laws, whether or not
Statewide in application, in the code
of public general
laws, (iv) laws which apply to more than
one county, and (v)
ordinances and resolutions of the
county government
enacted under public local laws.
SEC. 2. The
governing body of any county, by a vote
of at least two-thirds
of the members elected thereto, may
propose by resolution
that the county become a code county
and be governed by the
provisions of this Article. Upon the
adoption of such a
resolution, it shall be certified to the
Board of Supervisors
of Elections in the county, which Board
(pursuant to the
election laws of the State) shall submit to
the voters of the
county at the next ensuing general election
the question whether
the resolution shall be approved or
rejected. If in the
referendum a majority of those persons
voting on this
question vote for the resolution, the resolution
is approved, and the
county shall become a code county
under the provisions
of this Article, on the thirtieth day after
the election. If in
the referendum a majority of those persons
voting on this
question vote against the resolution, the
resolution is
rejected, and of no further effect.
Provided that if at
the next ensuing general election
there shall be
submitted to the voters of the county a
proposed charter under
Article 11A of this Constitution,
the proposed charter
only shall be submitted to the voters
at that next ensuing
general election. If the proposed
charter is adopted by
the voters, this particular resolution
to become a code
county shall not be submitted to the
voters and shall have
no further effect. If the proposed
charter is rejected by
the voters, the code question under
this Article shall be
submitted to the voters at the general
election two years
later, and no charter question under
Article 11A shall be
submitted to the voters at that general
election.
SEC. 3. Except
as otherwise provided in this Article,
a code county may
enact, amend, or repeal a public local
law of that county,
following the procedure in this Article.
SEC. 4. Except
as otherwise provided in this Article,
the General Assembly
shall not enact, amend, or repeal a
public local law which
is special or local in its terms or
effect within a code
county. The General Assembly may
enact, amend, or
repeal public local laws applicable to code
counties only by
general enactments which in term and
effect apply alike to
all code counties in one or more of
the classes provided
for in Section 5 of this Article.
SEC. 5. The
General Assembly, by law, shall classify
all code counties by
grouping them into not more than
four classes based
either upon population as determined
in the most recent
Federal or State census or upon such
other criteria as
determined by the General Assembly to
be appropriate. Not
more than one such grouping of code
counties into four (or
fewer) classes may be in effect at any
one time, and the
enactment of any grouping of code
counties into four (or
fewer) classes repeals any other such
grouping then in
effect. Code counties may be classified
only as provided in
this section.
SEC. 6. A code
county may enact, amend, or repeal a
public local law of
that county by a resolution of the board
of county
commissioners. The General Assembly may
amplify the provisions
of this section by general law in any
manner not
inconsistent with this Article.
SEC. 7. Any
action of a code county in the enactment,
amendment, or repeal
of a public local law is subject to a
referendum of the
voters in the county, as in this section
provided. The
enactment, amendment, or repeal shall be
effective unless a
petition of the registered voters of the
county requires that
it be submitted to a referendum of
the voters in the
county. The General Assembly shall
amplify the provisions
of this section by general law in any
manner not
inconsistent with this Article, except that in
any event the number
of signatures required on such a
petition shall not be
fewer than five percentum (5%) of the
voters in a county
registered for county and State elections.
SEC. 8.
Notwithstanding any other provisions of this
Article, the General
Assembly has exclusive power to
enact, amend, or
repeal any local law for a code county
which (1) authorizes
or places a maximum limit upon the
rate of property taxes
which may be imposed by the code
county; or (2)
authorizes or regulates the maximum
amount of indebtedness
which may be incurred by the
code county. Public
local laws enacted by the General
Assembly under this
section prevail over any public local
laws enacted by the
code county under other sections in
this Article.
SEC. 9. A code
county shall not levy any type of tax,
license fee, franchise
tax, or fee which was not in effect or
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