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Maryland Manual, 1991-92
Volume 185, Page 751   View pdf image (33K)
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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
legislative districting of the State and may grant ap-
propriate relief, if it finds that the districting of the State
is not consistent with requirements of either the Constitu-
tion of the United States of America, or the Constitution
of Maryland.

SEC. 6.47 A member of the General Assembly shall be
elected by the registered voters of the legislative or delegate
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. 7.48 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. 8.49 Vacant.

SEC. 9. 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 year*, on rhf* date of
his election.

SEC. 10. 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 Ac 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 component of the
armed forces of the United States or a member of the militia
of the United States or this State.

SEC. 11. No person holding any civil office of profit,
or trust, under this State shall be eligible as Senator or
Delegate.

Constitution of Maryland/751

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. 13.53 (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 tic between two or more such
qualified persons, the Governor shall appoint a person to
rill 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 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 appointment 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 boun-
daries comprising a portion of one county, the Central

 

47 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.

48 Amended by Chapter 99, Acts of 1956, ratified Nov. 6,1956.

49 Repealed by Chapter 99, Acts of 1956, ratified Nov. 6,1956

50 Amended by Chapter 880, Acts of 1974, ratified Nov. 5,1974, Chapter 681, Acts of 1977, ratified Nov. 7,1978.

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

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

53 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.



 
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Maryland Manual, 1991-92
Volume 185, Page 751   View pdf image (33K)
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