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,

Article IV 926 / 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

Maryland Manual 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