CONSTITUTION OF MARYLAND 2018
VALIDITY
1. The Constitutional Standards follow the United Nations global governance system, which in a voluntary manner and at different speeds can be applied at the supranational level (international public legal person), the national level (national public legal person), and the sub-national level (state legal persons or localities), including individual subjects at any level.
2. If any clause is deemed invalid , or a clause applied to any organization or individual or any situation is invalid, other parts of the Constitutional Standards and the application of such clauses to other levels, organizations or individuals, or circumstances will not be affected.
(1) Supranational level: according to the organization's charter, but in accordance with the law that does not violate the constitutional standards of permanent peace and does not endanger any individual or group.
(2) National level: The Constitution Standard is applicated directly, effectively and comprehensively, and can amend itself indefinitely, or a part of it may not be implemented for the time being, but the criterion is not to detract from the perfection of the Constitution Standards.
(3) Except for the Ad Hoc Committees of § 15, National Legislation of § 18, National Administration of § 22 (Central Government/Federal Government), and items subordinate to the Central Committee in the articles, the sub-national level (state, province, city, district, etc.) Autonomous bodies are directly effective and fully applicable.
3. All laws or rules involving the scope of the Constitutional Standards are bound by the Constitutional Standards clauses.
4. The various rights enumerated in the Constitutional Standards shall not be interpreted as denying or canceling other rights held by the people.
5. The Constitutional Standards are one of part of the basic great law for all supranational organizations (United Nations, etc.), national organizations, and subnational organizations (state, region, province, city, etc.). The following basic clauses bind legislation, administration, procuratorial, and trial operations and are directly effective supreme laws.
TWO KINDS OF SUBJECTIVE WILL
1. Humanity will enjoy Permanent Peace . Take natural law and international law as parent law, promote the Constitutional Standards in the ISO to consolidate a world under the rule of law and create the highest life value..
2. Sustainable development of the earth . Take the solar system and the United Nations as the system, promote government standards (ISO), enhance global governance and create the highest values on earth.
TWENTY-EIGHT LAWS OF NATURE
SECTION I. PERMANENT PEACE —RIGHTS AND DUTIES OF THE PEOPLE
CHAPTER 1. FREEDOM STANDARDS FOR PERMANENT PEACE
ARTICLE 1. FOUNDING A NATION ON FREEDOM
National sovereignty rests with the people. Constitutional power belongs to the people unconditionally . The constitution can freely determine whether a nation is a republic or monarchy, a unitary state, or a federation . The government is formed through votes by the people. The oath of allegiance to the Constitution produces public offices.
ARTICLE 2. REFORMING FREEDOM
Radio waves are owned by the whole people . Political candidates will gain one-hour free access to television broadcast and one item is published for free daily on the internet . The country’s nine major political parties can use the nation’s proprietary radio channels for free . Local governments shall handle the above matters in accordance with regulations.
ARTICLE 3. OPENING UP FREEDOM
Elections (and voting) are the most important element in education, allocation, dialogue , solidarity, consensus forming and elements of governance . Candidates should complete registration six months before elections Registration . Voting frequency and number of times are based on Switzerland or the US state of California, the two areas with the world’s highest per capita income.
ARTICLE 4. SAFEGUARDING FREEDOM
The people are obliged to perform military service, voting service and peacekeeping service. Severe punishment for disturbing the peace or arrest of whoever disturbs the peace and abuses the right of freedom , using violence or lavishing money to achieve their goals or preaching on behalf of dictatorships and spreading false information, attacking freedom and democracy, or in adhering to their enemies, giving them aid and comfort.
CHAPTER II. DEMOCRACY STANDARDS FOR PERMANENT PEACE
ARTICLE 5. FOUNDING A NATION ON DEMOCRACY
Innovate global democracy—advocate Permanent Peace, belief in value sharing and constitutional commonality, and take the lead in global republicanism. Vote frequently to resolve and reconcile contradictions, disagreements and antagonisms that continually arise.
ARTICLE 6. REFORMING DEMOCRACY
All government officials, military personnel and civil servants must pass the constitutional and international law graded examinations, with question banks published a year in advance . Each legislature should ensure that the power of the three parties is balanced and establish a global network to submit questions or proposals to the committee.
ARTICLE 7. OPENING UP DEMOCRACY
Registration is completed six months prior to elections to facilitate dialogue between voters and talented candidates with ability . Political parties with seats in the national legislature of a fully democratic country can set up party headquarters in our country and field candidates in elections for leaders at all levels in accordance with the Constitutional Standards and the law, thereby enhancing international competitiveness.
ARTICLE 8. SAFEGUARDING DEMOCRACY
Strictly control the flow of payment, movement of people, goods, and information from foreign countries. On referendum proposals, if 60% of eligible voters agree, the proposal is adopted . The elected president serves a term of five years, and together with his/her relatives is banned from running again in accordance with the law within six years of leaving the office . Attempts to modify the term of office shall be deemed acts of rebellion.
CHAPTER III. HUMAN RIGHTS STANDARDS FOR PERMANENT PEACE
ARTICLE 9. FOUNDING A NATION ON HUMAN RIGHTS
Creating the highest values in life, advocating the global basic Constitutional Standards, constructing Permanent Peace for humanity, and safeguarding sustainable development of the earth are the most sacred rights of the people and the most urgent obligations of the nation.
ARTICLE 10. REFORMING HUMAN RIGHTS
Innate human rights are superior to sovereignty . Any innocent victim harmed or dying from injury due to human factors and ergonomics should be compensated by the state . All victims have unlimited right to private prosecution . All citizens are good citizens, and criminal records of those who have not committed another crime within ten years should be completely expunged.
ARTICLE 11. OPENING UP HUMAN RIGHTS
A community with a shared future for humanity and human rights issues is a global internal affair , and any human rights victim is seen as suffering for all humanity. Half of the members of the National Human Rights Action and Citizenship Exercise Committee are appointed by authoritative international human rights organization.
ARTICLE 12. SAFEGUARDING HUMAN RIGHTS
Constitution guarantors guarantee: human rights, environmental rights, peace rights and development rights for all will never lag those of other countries . Power leaders in government are elected in alternating years. Amendments to human rights or peace clauses are not permitted.
CHAPTER IV. RULE OF LAW STANDARDS FOR PERMANENT PEACE
ARTICLE 13. FOUNDING A NATION ON RULE OF LAW
These Constitutional Standards are hereby established, to be promulgated throughout the country for faithful and perpetual observance by all. International law is deemed to be Customary International Law, as that is also the great fundamental law of the world , so international law is also deemed to be the parent law of the national constitution and the jus cogens of peace, directly imposing rights and duties on the people and central and local governments.
ARTICLE 14. REFORMING RULE OF LAW
The eternal weapon for safeguarding peaceful development: implementing the Constitutional Standards is a fundamental law to promote what is beneficial and abolish what is harmful/to eradicate internal disturbances and treason. It gathers all laws of all local governments and nations in the whole world as a part of national laws , and people can choose the ones best suited for them and use them in accordance with the law.
ARTICLE 15. OPENING UP RULE OF LAW
Create a great civilization under rule of law . Candidates for the President and the leaders of prosecution and justice shall nominate members for ad hoc committees to develop legislation, international law, and all laws of all nations. These ad hoc committees’ members are distributed among various standing committees..
ARTICLE 16. SAFEGUARDING RULE OF LAW
All legislative, administrative, procuratorial and adjudication acts shall be subject to International Law first. Anyone who is disloyal to the Constitutional Standards shall forfeit all basic rights. No country may invoke provisions of its National Laws or conditions, history, and cultural conflict to justify violation of International Law.
SECTION II. PERMANENT PEACE - BASIC ORGANIZATION OF THE NATION
CHAPTER V. LEGISLATIVE STANDARDS FOR PERMANENT PEACE
ARTICLE 17. GLOBAL LEGISLATION
Global Concurrent Legislative Powers : In order to create a global legal community , the legislatures have to open up global legislation and national or sub-national levels have the right to enact legislation so long as and to the extent that the supra-national level has not exercised its legislative power by enacting a law.
ARTICLE 18. NATIONAL LEGISLATION
Create a matrix committee-centric quasi-cabinet system with none of the disadvantages of contemporary systems . Hold at-large parliamentary elections in a single-district one-vote system to ensure candidates of three main political parties can be elected and part of representatives get re-elected each year . All bicameral parliaments shall proceed as described above. Parliament elections are handled separately and mandatory voting.
ARTICLE 19. LOCAL LEGISLATION
The Sub-national level (state/province/city) councils set up nine committees and 1/3 of all members face election each year . Local councils elect a Speaker from among their members for a one-session term with no right to run for Speaker again during the appointed dates . The local legislation should strive to enhance the value of globalization and localization.
ARTICLE 20. ADVOCATING LEGISLATION
The legislature shall create a human political community with the Constitutional Standards for international organizations and rule of international law as jus cogens. The legislature shall advise other countries or states, provinces, and cities to establish constitutional standards. Such actions shall be supported by special funds at least five ten thousandths (0.05%) of the total budget.
CHAPTER VI. ADMINISTRATIVE STANDARDS FOR PERMANENT PEACE
ARTICLE 21. GLOBAL ADMINISTRATION
Global Concurrent Administrative Powers: Implement the Constitutional Standards and practice a community with a shared future for mankind; when performing tasks on behalf of supranational organizations (the UN, etc.), national and local governments shall be considered executive agencies empowered by supranational organizations.
ARTICLE 22. NATIONAL ADMINISTRATION
Adopt a modified semi-presidential system . The President is elected by the people ; the President appoints or nominate the Prime Minister in accordance with the law , the Prime Minister must be born locally. The Prime Minister shall direct the actions of the Government. He/she shall be responsible for national defense. The various Minister of ministries and committees shall release their global performance rankings at the beginning of every year . All military forces shall be nationalized and globalized.
ARTICLE 23. LOCAL ADMINISTRATION
The sub-national level of the Constitutional Standards is comparable to the state, province, and district autonomous entities . Powers that are more beneficial to the locality belong to the local government, including the rights of local legislation, administration, justice, external trade, language, culture, and environmental development in accordance with the constitution.
ARTICLE 24. CONSTITUTIONAL GUARANTEES
The President, representatives of public opinion, military personnel, civil servants, teachers, and clergy shall act as constitutional guarantors . Leaders at all levels shall be responsible for the country’s centennial plans. The President and Armed forces shall be neutral in elections and are banned from voting . The country shall continue pursuing and perfecting all standards .
CHAPTER VII. PERMANENT PEACE JUSTICE PROSECUTION STANDARDS
ARTICLE 25. JUDICIAL REFORM
The Prosecutor-General is directly elected . The District Prosecutor-General are chosen in a single-district one-vote system, according to the number of votes, one district attorney general and two deputy district attorneys are elected, to form a collegial system of prosecution . Both parties may submit videos instead of appearing in court and have the right to replace the presiding judge before conclusion of the investigation/final statements.
ARTICLE 26. JUDICIAL DEVELOPMENT
The constitution represents the general will of the people, and the people can prosecute anyone who violates the constitution . Military or police personnel assuming office take an oath administered by a prosecutor . The nation shall set up a global legal comparison database to enhance audit, prevention, discovery and prosecution, and a trial ruling prediction system.
CHAPTER VIII. PERMANENT PEACE JUDICIAL TRIAL STANDARDS
ARTICLE 27. JUSTICE AND OPENING UP
Ensure justice is responsive . The head of the Judicial Department is elected by the people . The rulings of Constitutional Court Justices are regarded as exercise of the people's constitutional power, and half of all Constitutional Court Justices shall come from different countries on the five continents, with life-long tenure and full national benefits.
ARTICLE 28. CONSTITUTIONAL LAW AND OPENING UP
Constitutional global agreement , unconstitutional global review, and priority reviews of violations of international law . Except in cases involving unconstitutionality, if no remedy is at hand, everyone in the democratic world has the right not to cooperate, to resist non-violently or to protest.
CONSTITUTION 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 Two Thousand and Eighteen (including amendments proposed by the General Assembly and ratified by the voters November 6, 2018)].
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 instituted 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. (a) (1) That the Inhabitants of Maryland are entitled 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 Caecilius Calvert, Baron of Baltimore. (2) Legislation may be enacted that limits the right to trial by jury in civil proceedings to those proceedings in which the amount in controversy exceeds $15,000 (added by Chapter 422, Acts of 2006, ratified Nov. 7, 2006; amended by Chapter 480, Acts of 2010, ratified Nov. 2, 2010).
(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 England, 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 (amended by Chapters 203, 204, Acts of 1992, ratified Nov. 3, 1992).
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 perverted, and public liberty manifestly endangered, and all other means of redress are ineffectual, the People may, and of right o
ARTICLE I ELECTIVE FRANCHISE.
SECTION 1. All elections shall be by ballot. Except as provided in Section 2A or Section 3 of this article, 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 the citizen resides at all elections to be held in this State. A person once entitled to vote in any election district, shall be entitled to vote there until the person shall have acquired a residence in another election district or ward in this State (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; Chapter 513, Acts of 2007, ratified Nov. 4, 2008; Chapter 855, Acts of 2018, ratified Nov. 6, 2018).
SEC. 1A. Vacant (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).
SEC. 2. Except as provided in Section 2A of this Article, 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 the person's 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 (originally Article I, sec. 5; as sec. 5, it was amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956; thereafter, it was renumbered by Chapter 681, Acts of 1977, ratified Nov. 7, 1978; Chapter 855, Acts of 2018, ratified Nov. 6, 2018).
SEC. 2A. The General Assembly shall have the power to allow a qualified individual to register and vote at a precinct polling place on Election Day (added by Chapter 855, Acts of 2018, ratified Nov. 6, 2018).
SEC. 3. (a) The General Assembly shall have the 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, for voting by other qualified voters who are unable to vote personally, or for voting by qualified voters who might otherwise choose to vote by absentee ballot, 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 (originally Article I, sec. 1A, thus renumbered by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).
(b) The General Assembly shall have the power to provide by suitable enactment a process to allow qualified voters to vote at polling places in or outside their election districts or wards or, during the two weeks immediately preceding an election, on no more than 10 other days prior to the dates specified in this Constitution (Chapter 513, Acts of 2007, ratified Nov. 4, 2008).
SEC. 4. 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 guardianship for mental disability (originally Article I, sec. 2, thus renumbered by Chapter 681, Acts of 1977,
ARTICLE II EXECUTIVE DEPARTMENT.
SECTION 1. The executive power of the State shall be vested in a Governor, whose term of office shall commence 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 Governor shall be ineligible to succeed himself as Governor for the term immediately following the second of said two consecutive popular elective terms (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).
SEC. 1A. 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 (amended by Chapter 532, Acts of 1970, ratified Nov. 3, 1970; Chapter 543, Acts of 1976, ratified Nov. 2, 1976).
SEC. 1B. Each candidate who shall seek a nomination 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 Governor 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 Governor 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 constitute 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 (added by Chapter 532, Acts of 1970, ratified Nov. 3, 1970).
SEC. 2. 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 Delegate, shall be qualified and entitled to vote for Governor and Lieutenant Governor; the election to be held in the same manner as the election of Delegates, and the returns thereof, under seal, to be addressed to the Speaker of the House of Delegates, and enclosed and transmitted to the Secretary of State, and delivered to said Speaker, at the commencement of the session of the General Assembly, next ensuing said election (amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956; Chapter 532, Acts of 1970, ratified Nov. 3, 1970).
SEC. 3. The Speaker of the House of Delegates shall then open the said Returns, in the presence of both Ho
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. 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 (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).
SEC. 3. The State shall be divided by law into legislative 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 the House of Delegates into three (3) single-member delegate districts or one (1) single-member delegate district and one (1) multi-member delegate district (repealed by Chapter 99, Acts of 1956, ratified Nov. 6, 1956; added by Chapter 785, Acts of 1969, ratified Nov. 3, 1970; Chapter 363, Acts of 1972, ratified Nov. 7, 1972).
SEC. 4. Each legislative district shall consist of adjoining territory, be compact in form, and of substantially equal population. Due regard shall be given to natural boundaries and the boundaries of political subdivisions (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).
SEC. 5. Following each decennial census of the United States and after public hearings, the Governor shall prepare a plan setting forth the boundaries of the legislative 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 presentation 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 legislative 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 (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, rati
ARTICLE IV JUDICIARY DEPARTMENT. Part I - General Provisions Part II - Courts of Appeal Part IIA - Interim Provisions Part III - Circuit Courts Part IV - Courts of Baltimore City Part V - Orphans' Court Part VI - District Court Part VII - Sheriffs Part I - General Provisions.
SECTION 1. 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 (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).
SEC. 1A. 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 (transferred from Article XV, sec. 2, and amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).
SEC. 2. 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, wisdom and sound legal knowledge (amended by Chapter 10, Acts of 1966, ratified Nov. 8, 1966; Chapter 789, Acts of 1969, ratified Nov. 3, 1970).
SEC. 3. 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 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 continued 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 (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).
SEC. 3A. (a) (1) Except as provided in paragraph (2) of this subsection, any former judge, except a former judge o
ARTICLE V ATTORNEY-GENERAL AND STATE'S ATTORNEYS. Attorney General State's Attorneys Attorney-General.
SEC. 1. 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 qualified, 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 (amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956).
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. (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 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 investigating, 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 Governor, the Comptroller, the Treasurer or any State's Attorney 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 Assembly 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 (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).
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. 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 (am
ARTICLE VI TREASURY DEPARTMENT.
SECTION 1. There shall be a Treasury Department, 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, commissions 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 appointment, 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 unexpired 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 (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).
SEC. 2. The Comptroller shall have the general superintendence of the fiscal affairs of the State; he shall digest and prepare plans for the improvement and management 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 collectors 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 (amended by Chapter 133, Acts of 1929, ratified Nov. 4, 1930).
SEC. 3. 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 safekeeping 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 t
ARTICLE VII SUNDRY OFFICERS.
SECTION 1. 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 (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).
SEC. 2. 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 (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).
SEC. 3. Vacant (amended by Chapter 97, Acts of 1958, ratified Nov. 4, 1958. Repealed by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).
SEC. 4. Vacant (amended by Chapter 489, Acts of 1966, ratified Nov. 8, 1966. Repealed by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).
SEC. 5. Vacant (repealed by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).
SEC. 6. Vacant (repealed by Chapter 99, Acts of 1956, ratified Nov. 6, 1956).
ARTICLE VIII EDUCATION.
SECTION 1. The General Assembly, at its First Session 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 taxation, or otherwise, for their maintenance.
SEC. 2. The System of Public Schools, as now constituted, 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 organizations as may afford them effectual encouragement.
SEC. 2. There shall be an Adjutant-General, appointed 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 compensation, 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. Vacant (repealed by Chapter 99, Acts of 1956, ratified Nov. 6, 1956).
ARTICLE X Vacant (repealed by Chapter 99, Acts of 1956, ratified Nov. 6, 1956).
ARTICLE XI CITY OF BALTIMORE. (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) 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 fourth Wednesday of October, eighteen hundred and sixty-seven, and on the same day in every fourth year thereafter, elect a person to be Mayor of the City of Baltimore, who shall have such qualifications, receive such compensation, 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 first Monday of November succeeding his election, and shall continue for four years, and until his successor shall have qualified; and he shall be ineligible for the term next succeeding that for which he was elected.
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, receiving 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 and Second Branch of the City Council of Baltimore shall be held in the City of Baltimore on the fourth Wednesday of October, eighteen hundred and sixty-seven, and for members of the First Branch on the same day in every year thereafter; and for members of the Second Branch on the same day in every second year thereafter; and the qualification for electors of the members of the City Council shall be the same as those prescribed for the electors of Mayor.
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 compensation 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. From and after the adoption of this Constitution, 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 improvement, nor in granting any aid thereto, which shall involve the faith and credit of the City, nor make any appropriation therefor,
ARTICLE XI-A LOCAL LEGISLATION. (added by Chapter 416, Acts of 1914, ratified Nov. 2, 1915) SECTION 1. On demand of the Mayor of Baltimore 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 nominees 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 18 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 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 (amended by Chapter 192, Acts of 1963, ratified Nov. 3, 1964; Chapter 207, Acts of 1992, ratified Nov. 3, 1992).
SEC. 1A. The procedure provided in this section for adoption of a charter may be used i
ARTICLE XI-B CITY OF BALTIMORE - LAND DEVELOPMENT AND REDEVELOPMENT. (added by Chapter 649, Acts of 1943, ratified Nov. 7, 1944) SECTION 1. 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 purchase, 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 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 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 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 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 is hereby declared to be needed or taken for a public use (amended by Chapter 659, Acts of 1945, ratified Nov. 5, 1946; Chapter 162, Acts of 1947, ratified Nov. 2, 1948).
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 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 (amended by Chapter 162, Acts of 1947, ratified Nov. 2, 1948).
SEC. 3. Vacant (repealed by Chapter 681, Acts of 1977, ratified Nov. 7, 1978). Maryland Constitutional Offices & Agencies Maryland Departments Maryland Independent Agencies Maryland Executive Commissions, Committees, Task Forces, & Advisory Boards Maryland Universities & Colleges Maryland Counties Maryland Municipalities Maryland at a Glance Maryland Manual On-Line Search the Manual e-mail: mdmanual@mdarchives.state.md.us This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user. Tell Us What You Think About the Maryland State Archives Website! [ Archives' Home Page || Maryland Manual On-Line || Ref
ARTICLE XI-C OFF-STREET PARKING. (added by Chapter 505, Acts of 1947, ratified Nov. 2, 1948) SECTION 1. The General Assembly of Maryland, by public local law, may authorize the Mayor and City Council 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, parking 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 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 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 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 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 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 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. 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, alteration, expansion, enlarging, improving, equipping, repairing, 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 e
ARTICLE XI-D PORT DEVELOPMENT. (added by Chapter 199, Acts of 1951, ratified Nov. 4, 1952) SECTION 1. 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 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 governing 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 Arundel 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 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 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 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 is hereby declared to be needed or taken for a public use (amended by Chapter 754, Acts of 1953, ratified Nov. 2, 1954; Chapter 681, Acts of 1977, ratified Nov. 7, 1978).
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 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 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 (amended by Chapter 754, Acts of 1953, ratified Nov. 2, 1954).
SEC. 3. 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 autho
ARTICLE XI-E MUNICIPAL CORPORATIONS. (added by Chapter 53, Acts of 1954, ratified Nov. 2, 1954) 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 population 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. However, 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 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,
ARTICLE XI-F HOME RULE FOR CODE COUNTIES. (added by Chapter 493, Acts of 1965, ratified Nov. 8, 1966) 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 applicable 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
ARTICLE XI-G CITY OF BALTIMORE - RESIDENTIAL REHABILITATION AND COMMERCIAL FINANCING LOANS. (added by Chapter 375, Acts of 1972, ratified Nov. 7, 1972; Article heading amended by Chapter 610, Acts of 1980, ratified Nov. 4, 1980) 1. The General Assembly of Maryland, by public local law, may authorize the Mayor and City Council of Baltimore: (a) To make or contract to make financial loans to any person or other legal entity to be used for or in connection with the rehabilitation, renovation, redevelopment or improvement of buildings or structures located within the boundaries of Baltimore City, which buildings or structures are to be used or occupied for residential purposes.
(b) To guarantee or insure financial loans made by third parties to any person or other legal entity to be used for or in connection with the rehabilitation, renovation, redevelopment or improvement of buildings or structures located within the boundaries of Baltimore City, which buildings or structures are to be used or occupied for residential purposes.
(c) To make or contract to make financial loans to any person or other legal entity to be used for or in connection with the purchase or acquisition of leasehold or fee simple interests in buildings or structures, and for construction, reconstruction, erection, development, rehabilitation, renovation, redevelopment or improvement of buildings or structures, located within the boundaries of Baltimore City, which buildings or structures are to be used or occupied for commercial purposes.
(d) To guarantee or insure financial loans made by third parties to any person or other legal entity to be used for or in connection with the purchase or acquisition of leasehold or fee simple interests in buildings or structures, and for construction, reconstruction, erection, development, rehabilitation, renovation, redevelopment or improvement of buildings or structures, located within the boundaries of Baltimore City, which buildings or structures are to be used or occupied for commercial purposes.
(e) Any and all financial loans made by the Mayor and City Council of Baltimore; any and all guarantees or insurance commitments made by the Mayor and City Council of Baltimore in connection with any of said loans; and any and all money used or expended by the Mayor and City Council of Baltimore in connection with said loans, guarantees, or insurance commitments, pursuant to the power and authority hereinabove vested in the municipality, and any and all acts performed by the Mayor and City Council of Baltimore in connection with any powers which may be granted to the Mayor and City Council of Baltimore pursuant to this Article, are all hereby declared to be needed, contracted for, expended or exercised for a public use.
(f) In the event of any conflict between the provisions of this Article and those of Article XI, Section 7, of the or any other provisions of said Constitution, then the provisions of this Article shall control (amended by Chapter 133, Acts of 1974, ratified Nov. 5, 1974; Chapter 610, Acts of 1980, ratified Nov. 4, 1980.) 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 except as provided in this Article. The General Assembly may place such o
ARTICLE XI-H CITY OF BALTIMORE - RESIDENTIAL FINANCING LOANS. (added by Chapter 888, Acts of 1974, ratified Nov. 5, 1974) 1. The General Assembly of Maryland, by public local law, may authorize the Mayor and City Council of Baltimore: (a) To make or contract to make financial loans to any person or other legal entity to be used for or in connection with the purchase, acquisition, construction, erection or development of buildings or structures, including any land necessary therefor, within the boundaries of Baltimore City, which buildings or structures are to be used or occupied for residential purposes.
(b) To guarantee or insure financial loans made by third parties to any person or other legal entity which are to be used for or in connection with the purchase, acquisition, construction, erection or development of buildings or structures, including any land necessary therefor, within the boundaries of Baltimore City, which buildings or structures are to be used or occupied for residential purposes.
(c) Any and all financial loans made by the Mayor and City Council of Baltimore; any and all guarantees or insurance commitments made by the Mayor and City Council of Baltimore in connection with any of the loans; and any and all money used or expended by the Mayor and City Council of Baltimore in connection with the loans, guarantees, or insurance commitments, pursuant to the power and authority hereinabove vested in the municipality, and any and all acts performed by the Mayor and City Council of Baltimore in connection with any powers which may be granted to the Mayor and City Council of Baltimore pursuant to this Article, are all declared to be needed, contracted for, expended or exercised for a public use.
(d) In the event of any conflict between the provisions of this Article and those of Article XI, Section 7, of the or any other provisions of the Constitution, then the provisions of this Article shall control. 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 of Maryland 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 except as provided in this Article. 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. Maryland Constitutional Offices & Agencies Maryland Departments Maryland Independent Agencies Maryland Executive Commissions, Committees, Task Forces, & Advisory Boards Maryland Universities & Colleges Maryland Counties Maryland Municipalities Maryland at a Glance Maryland Manual On-Line Search the Manual e-mail: mdmanual@mdarchives.state.md.us This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user. Tell Us What You Think About the Maryland State Archives Website! [ Archives' Home Page || Maryland Manual On-Line || Reference & Research || Search the Archives || Education &
ARTICLE XI-I CITY OF BALTIMORE - INDUSTRIAL FINANCING LOANS. (added by Chapter 553, Acts of 1976, ratified Nov. 2, 1976) 1. The General Assembly of Maryland, by public local law, may authorize the Mayor and City Council of Baltimore: (a) To make or contract to make financial loans to any person or other legal entity to be used for or in connection with the purchase, acquisition, construction, reconstruction, erection, development, redevelopment, rehabilitation, renovation, modernization or improvement of buildings or structures, including any land necessary therefor, within the boundaries of Baltimore City, which buildings or structures are to be used or occupied for industrial purposes.
(b) To guarantee or insure financial loans made by third parties to any person or other legal entity which are to be used for or in connection with the purchase, acquisition, construction, reconstruction, erection, development, redevelopment, rehabilitation, renovation, modernization, or improvement of buildings or structures, including any land necessary therefor, within the boundaries of Baltimore City, which buildings or structures are to be used or occupied for industrial purposes.
(c) Any and all financial loans made by the Mayor and City Council of Baltimore; any and all guarantees or insurance commitments made by the Mayor and City Council of Baltimore in connection with any of the loans; and any and all money used or expended by the Mayor and City Council of Baltimore in connection with the loans, guarantees, or insurance commitments, pursuant to the power and authority hereinabove vested in the municipality, and any and all acts performed by the Mayor and City Council of Baltimore in connection with any powers which may be granted to the Mayor and City Council of Baltimore pursuant to this Article, are all declared to be needed, contracted for, expended or exercised for a public use.
(d) In the event of any conflict between the provisions of this Article and those of Article XI, Section 7, of the or any other provisions of the Constitution, then the provisions of this Article shall control. 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 of Maryland 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 except as provided in this Article. 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. Maryland Constitutional Offices & Agencies Maryland Departments Maryland Independent Agencies Maryland Executive Commissions, Committees, Task Forces, & Advisory Boards Maryland Universities & Colleges Maryland Counties Maryland Municipalities Maryland at a Glance Maryland Manual On-Line Search the Manual e-mail: mdmanual@mdarchives.state.md.us This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user. Tell
ARTICLE XII PUBLIC WORKS.
SECTION 1. The Governor, the Comptroller of the Treasury and the Treasurer, shall constitute the Board of Public Works in this State. They shall keep a journal of their proceedings, and shall hold regular sessions in the City of Annapolis, on the first Wednesday in January, April, July and October, in each year, and oftener, if necessary; at which sessions they shall hear and determine such matters as affect the Public Works of the State, and as the General Assembly may confer upon them the power to decide.
SEC. 2. They shall exercise a diligent and faithful supervision of all Public Works in which the State may be interested as Stockholder or Creditor, and shall appoint the Directors in every Railroad and Canal Company, in which the State has the legal power to appoint Directors, which said Directors shall represent the State in all meetings of the Stockholders of the respective Companies for which they are appointed or elected. They shall require the Directors of all said Public Works to guard the public interest, and prevent the establishment of tolls which shall discriminate against the interest of the citizens or products of this State, and from time to time, and as often as there shall be any change in the rates of toll on any of the said Works, to furnish the said Board of Public Works a schedule of such modified rates of toll, and so adjust them as to promote the agricultural interests of the State; they shall report to the General Assembly at each regular session, and recommend such legislation as they may deem necessary and requisite to promote or protect the interests of the State in the said Public Works; they shall perform such other duties as may be hereafter prescribed by Law, and a majority of them shall be competent to act. The Governor, Comptroller and Treasurer shall receive no additional salary for services rendered by them as members of the Board of Public Works (amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956).
SEC. 3. (a) The Board of Public Works is hereby authorized, subject to such regulations and conditions as the General Assembly may from time to time prescribe, to sell the State's interest in all works of Internal Improvement, whether as a stockholder or a creditor, and also the State's interest in any banking corporation, receiving in payment the bonds and registered debt now owing by the State, equal in amount to the price obtained for the State's said interest (amended by Chapter 362, Acts of 1890, ratified Nov. 3, 1891).
(b) The Board of Public Works may not approve the sale, transfer, exchange, grant, or other permanent disposition of any State-owned outdoor recreation, open space, conservation, preservation, forest, or park land without the express approval of the General Assembly or of a committee that the General Assembly designates by statute, resolution, or rule (added by Chapter 617, Acts of 2005, ratified Nov. 7, 2006). Maryland Constitutional Offices & Agencies Maryland Departments Maryland Independent Agencies Maryland Executive Commissions, Committees, Task Forces, & Advisory Boards Maryland Universities & Colleges Maryland Counties Maryland Municipalities Maryland at a Glance Maryland Manual On-Line Search the Manual e-mail: mdmanual@mdarchives.state.md.us This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user. Tell Us What You Think About the Maryland State Archives Website! [ Archives' Home Page || Maryland Manual On-Line || Reference & Research ||
ARTICLE XIII NEW COUNTIES.
SECTION 1. The General Assembly may provide, by Law, for organizing new Counties, locating and removing county seats, and changing county lines; but no new county shall be organized without the consent of the majority of the legal voters residing within the limits proposed to be formed into said new county; and whenever a new county shall be proposed to be formed out of portions of two or more counties, the consent of a majority of the legal voters of such part of each of said counties, respectively, shall be required; nor shall the lines of any county nor of Baltimore City be changed without the consent of a majority of the legal voters residing within the district, which under said proposed change, would form a part of a county or of Baltimore City different from that to which it belonged prior to said change; and no new county shall contain less than four hundred square miles, nor less than ten thousand inhabitants; nor shall any change be made in the limits of any county, whereby the population of said county would be reduced to less than ten thousand inhabitants, or its territory reduced to less than four hundred square miles. No county lines heretofore validly established shall be changed except in accordance with this section (amended by Chapter 618, Acts of 1947, ratified Nov. 2, 1948; Chapter 550, Acts of 1976, ratified Nov. 2, 1976; Chapter 681, Acts of 1977, ratified Nov. 7, 1978).
SEC. 2. The General Assembly shall pass all such Laws as may be necessary more fully to carry into effect the provisions of this Article (originally Article XIII, sec. 6, this section was renumbered with the repeal of sections 2 through 5 by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).
ARTICLE XIV AMENDMENTS TO THE CONSTITUTION.
SECTION 1. The General Assembly may propose Amendments to this Constitution; provided that each Amendment shall be embraced in a separate bill, embodying the Article or Section, as the same will stand when amended and passed by three-fifths of all the members elected to each of the two Houses, by yeas and nays, to be entered on the Journals with the proposed Amendment. The requirement in this section that an amendment proposed by the General Assembly shall be embraced in a separate bill shall not be construed or applied to prevent the General Assembly from (1) proposing in one bill a series of amendments to the for the general purpose of removing or correcting constitutional provisions which are obsolete, inaccurate, invalid, unconstitutional, or duplicative; or (2) embodying in a single Constitutional amendment one or more Articles of the Constitution so long as that Constitutional amendment embraces only a single subject. The bill or bills proposing amendment or amendments shall be publicized, either by publishing, by order of the Governor, in at least two newspapers, in each County, where so many may be published, and where not more than one may be published, then in that newspaper, and in three newspapers published in the City of Baltimore, once a week for four weeks, or as otherwise ordered by the Governor in a manner provided by law, immediately preceding the next ensuing general election, at which the proposed amendment or amendments shall be submitted, in a form to be prescribed by the General Assembly, to the qualified voters of the State for adoption or rejection. The votes cast for and against said proposed amendment or amendments, severally, shall be returned to the Governor, in the manner prescribed in other cases, and if it shall appear to the Governor that a majority of the votes cast at said election on said amendment or amendments, severally, were cast in favor thereof, the Governor shall, by his proclamation, declare the said amendment or amendments having received said majority of votes, to have been adopted by the people of Maryland as part of the Constitution thereof, and thenceforth said amendment or amendments shall be part of the said Constitution. If the General Assembly determines that a proposed Constitutional amendment affects only one county or the City of Baltimore, the proposed amendment shall be part of the Constitution if it receives a majority of the votes cast in the State and in the affected county or City of Baltimore, as the case may be. When two or more amendments shall be submitted to the voters of this State at the same election, they shall be so submitted as that each amendment shall be voted on separately (amended by Chapter 476, Acts of 1943, ratified Nov. 7, 1944; Chapter 367, Acts of 1972, ratified Nov. 7, 1972; Chapter 679, Acts of 1977, and Chapter 975, Acts of 1978, ratified Nov. 7, 1978).
SEC. 1A. A proposed Constitutional amendment which, by provisions that are of limited duration, provides for a period of transition, or a unique schedule under which the terms of the amendment are to become effective, shall set forth those provisions in the amendment as a section or sections of a separate article, to be known as "provisions of limited duration", and state the date upon which or the circumstances under which those provisions shall expire. If the Constitutional amendment is adopted, those provisions of limited duration shall have the same force and effect as any other part of the Constitution, except that they shall remain a part of the Constitution only so long as their terms require. Each new section of the article known as "provisions of limited duration" shall refer to the title and section of the other article of the Constitution of which it
ARTICLE XV MISCELLANEOUS.
SECTION 1. Every person holding any office created by, or existing under the Constitution, or Laws of the State, or holding any appointment under any Court of this State, whose pay, or compensation is derived from fees, or moneys coming into his hands for the discharge of his official duties, or, in any way, growing out of, or connected with his office, shall keep a book in which shall be entered every sum, or sums of money, received by him, or on his account, as a payment or compensation for his performance of official duties, a copy of which entries in said book, verified by the oath of the officer, by whom it is directed to be kept, shall be returned yearly to the Comptroller of the State for his inspection, and that of the General Assembly of the State, to which the Comptroller shall, at each regular session thereof, make a report showing what officers have complied with this Section; and each of the said officers, when the amount received by him for the year shall exceed the sum which he is by Law entitled to retain, as his salary or compensation for the discharge of his duties, and for the expenses of his office, shall yearly pay over to the Treasurer of the State the amount of such excess, subject to such disposition thereof as the General Assembly may direct; if any of such officers shall fail to comply with the requisitions of this section for the period of thirty days after the expiration of each and every year of his office, such officer shall be deemed to have vacated his office, and the Governor shall declare the same vacant, and the vacancy therein shall be filled as in the case of vacancy for any other cause, and such officer shall be subject to suit by the State for the amount that ought to be paid into the Treasury (amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956; Chapter 681, Acts of 1977, ratified Nov. 7, 1978).
SEC. 2. Any elected official of the State, or of a county or of a municipal corporation who during the elected official's term of office is found guilty of any crime which is a felony, or which is a misdemeanor related to the elected official's public duties and responsibilities and involves moral turpitude for which the penalty may be incarceration in any penal institution, shall be suspended by operation of law without pay or benefits from the elective office. During and for the period of suspension of the elected official, the appropriate governing body and/ or official authorized by law to fill any vacancy in the elective office shall appoint a person to temporarily fill the elective office, provided that if the elective office is one for which automatic succession is provided by law, then in such event the person entitled to succeed to the office shall temporarily fill the elective office. If the finding of guilt becomes a final conviction, after judicial review or otherwise, such elected official shall be removed from the elective office by operation of Law and the office shall be deemed vacant. If the finding of guilt of the elected official is reversed or overturned, the elected official shall be reinstated by operation of Law to the elective office for the remainder, if any, of the elective term of office during which the elected official was removed, and all pay and benefits shall be restored. Any elected official of the State, or of a county or of a municipal corporation who during the elected official's term of office enters a guilty plea or a plea of nolo contendere to any crime which is a felony, or which is misdemeanor related to the elected official's public duties and responsibilities and involves moral turpitude for which the penalty may be incarceration in any penal institutiion, shall be removed from the elective office by operation of law and the office shall be deemed vacant (o
ARTICLE XVI THE REFERENDUM. (added by Chapter 673, Acts of 1914, ratified Nov. 2, 1915) SECTION 1. (a) The people reserve to themselves power known as The Referendum, by petition to have submitted to the registered voters of the State, to approve or reject at the polls, any Act, or part of any Act of the General Assembly, if approved by the Governor, or, if passed by the General Assembly over the veto of the Governor; (b) The provisions of this Article shall be self-executing; provided that additional legislation in furtherance thereof and not in conflict therewith may be enacted.
SEC. 2. No law enacted by the General Assembly shall take effect until the first day of June next after the session at which it may be passed, unless it contains a Section declaring such law an emergency law and necessary for the immediate preservation of the public health or safety and is passed upon a yea and nay vote supported by three-fifths of all the members elected to each of the two Houses of the General Assembly. The effective date of a law other than an emergency law may be extended as provided in Section 3 (b) hereof. If before said first day of June there shall have been filed with the Secretary of the State a petition to refer to a vote of the people any law or part of a law capable of referendum, as in this Article provided, the same shall be referred by the Secretary of State to such vote, and shall not become a law or take effect until thirty days after its approval by a majority of the electors voting thereon at the next ensuing election held throughout the State for Members of the House of Representatives of the United States. An emergency law shall remain in force notwithstanding such petition, but shall stand repealed thirty days after having been rejected by a majority of the qualified electors voting thereon. No measure changing the salary of any officer, or granting any franchise or special privilege, or creating any vested right or interest, shall be enacted as an emergency law. No law making any appropriation for maintaining the State Government, or for maintaining or aiding any public institution, not exceeding the next previous appropriation for the same purpose, shall be subject to rejection or repeal under this Section. The increase in any such appropriation for maintaining or aiding any public institution shall only take effect as in the case of other laws, and such increase or any part thereof specified in the petition, may be referred to a vote of the people upon petition (amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978; Chapter 588, Acts of 2002, ratified Nov. 5, 2002).
SEC. 3. (a) The referendum petition against an Act or part of an Act passed by the General Assembly, shall be sufficient if signed by three percent of the qualified voters of the State of Maryland, calculated upon the whole number of votes cast for Governor at the last preceding Gubernatorial election, of whom not more than half are residents of Baltimore City, or of any one County. However, any Public Local Law for any one County or the City of Baltimore, shall be referred by the Secretary of State only to the people of the County or City of Baltimore, upon a referendum petition of ten percent of the qualified voters of the County or City of Baltimore, as the case may be, calculated upon the whole number of votes cast respectively for Governor at the last preceding Gubernatorial election.
(b) If more than one-third, but less than the full number of signatures required to complete any referendum petition against any law passed by the General Assembly, be filed with the Secretary of State before the first day of June, the time for the law to take effect and for filing the remainder of signatures to complete the petition shall be extended to the thirtieth day of the same month,
ARTICLE XVII QUADRENNIAL ELECTIONS. (added by Chapter 227, Acts of 1922, ratified Nov. 7, 1922) SEC. 1. The purpose of this Article is to reduce the number of elections by providing that all State and county elections shall be held only in every fourth year, and at the time provided by law for holding congressional elections, and to bring the terms of appointive officers into harmony with the changes effected in the time of the beginning of the terms of elective officers. The administrative and judicial officers of the State shall construe the provisions of this Article so as to effectuate that purpose. For the purpose of this Article only the word "officers" shall be construed to include those holding positions and other places of employment in the State and county governments whose terms are fixed by law, but it shall not include any appointments made by the Board of Public Works, nor appointments by the Governor for terms of three years (originally Article XVII, sec. 11, transferred and amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).
SEC. 2. Except for a special election that may be authorized to fill a vacancy in a County Council or a vacancy in the office of chief executive officer or County Executive, under Article XI-A, Section 3 of the Constitution, elections by qualified voters for State and county officers shall be held on the Tuesday next after the first Monday of November, in the year nineteen hundred and twenty-six, and on the same day in every fourth year thereafter (first left vacant, by Chapter 681, Acts of 1977; ratified Nov. 7, 1978; then amended by Chapter 81, Acts of 1996, ratified Nov. 5, 1996; and Chapter 261, Acts of 2014, ratified Nov. 4, 2014).
SEC. 3. All State and county officers elected by qualified voters (except judges of the Circuit Courts, judges of the Supreme Bench of Baltimore City, judges of the Court of Appeals and judges of any intermediate courts of appeal) shall hold office for terms of four years, and until their successors shall qualify (originally Article XVII, sec. 1(a), transferred and amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978. As sec. 1(a), it was amended by Chapter 10, Acts of 1966, ratified Nov. 8, 1966; Chapter 370, Acts of 1972, ratified Nov. 7, 1972).
SEC. 4. The term of office of all Judges and other officers, for whose election provision is made by this Constitution, shall, except in cases otherwise expressly provided herein, commence from the time of their Election. All such officers shall qualify as soon after their election as practicable, and shall enter upon the duties of their respective offices immediately upon their qualification (originally Article XV, sec. 9, transferred and amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).
SEC. 5. All officers to be appointed by the Governor shall hold office for the terms fixed by law. All officers appointed by County Commissioners shall hold office for terms of four years, unless otherwise duly changed by law (originally Article XVII, sec. 4, transferred by Chapter 681, Acts of 1977, ratified Nov. 7, 1978. As sec. 4, it was amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956).
SEC. 6. The terms of the Members of the Board of Supervisors of Elections of Baltimore City and of the several counties shall commence on the first Monday of June next ensuing their appointment (originally Article XVII, sec. 8, transferred by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).
SEC. 7. Sections 1, 2, 3, and 5 of this Article do not apply or refer to: (1) members of any elective local board of education; or (2) the Board of County Commissioners for Cecil County (originally Article XVII, sec. 1(b), transferred and amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978. As sec. 1(b), it was amended by Chapter 10, Acts of 196
ARTICLE XVIII PROVISIONS OF LIMITED DURATION. (added by Chapter 680, Acts of 1977, ratified Nov. 7, 1978) SEC. 1. Any provision of limited duration adopted pursuant to Article XIV is set forth below. As each expires, it shall stand repealed, and no further action shall be required to remove it from the Constitution.
SEC. 2. Vacant (originally added by Chapter 523, Acts of 1980, ratified Nov. 4, 1980).
SEC. 3. Of the methods of election of county commissioners authorized by Section 1 of Article VII, and of members of county councils authorized by Section 3A(a) of Article XI-A, of this Act, that method in effect in each county immediately preceding the effective date of this Act shall remain in effect unless changed on or after that date pursuant to this Constitution (added by Chapter 707, Acts of 1986, ratified Nov. 4, 1986).
SEC. 4. (a) For the purpose of implementing the amendment proposed by House Bill 635 of 1994 concerning the boundaries of the appellate judicial circuits from which members of the Court of Appeals are appointed, this section temporarily is part of Article IV - Judiciary Department, Section 14 of the Constitution. This section shall expire, in accordance with Article XIV, Section 1A of the Constitution, when under the provisions of subsections (b), (c), (d), and (e) of this section, all of the judges of the Court of Appeals on January 12, 1994, or their successors appointed before the effective date of House Bill 635 of 1994 have vacated their offices.
(b) Except as provided in subsection (d) of this section, the provisions of House Bill 635 of 1994 may not be construed to limit or otherwise affect the terms or appointments of the judges of the Court of Appeals who are in office on the effective date of House Bill 635 of 1994.
(c) The judges of the Court of Appeals in office on January 12, 1994, or their successors, shall be deemed to be serving appointments as follows: (1) Judge Robert L. Karwacki of Queen Anne's County and currently representing the First Appellate Judicial Circuit, shall continue on the Court as an appointee from the new First Appellate Judicial Circuit; (2) Judge Robert C. Murphy of Baltimore County and currently representing the Second Appellate Judicial Circuit, shall continue on the Court as an appointee from the Second Appellate Judicial Circuit; (3) Judge John C. Eldridge of Anne Arundel County and currently representing the Fifth Appellate Judicial Circuit, shall continue on the Court as an appointee from the new Fifth Appellate Judicial Circuit; (4) Judge Howard S. Chasanow of Prince George's County and currently representing the Fourth Appellate Judicial Circuit, shall continue on the Court as an appointee from the new Fourth Appellate Judicial Circuit; (5) Judge Irma S. Raker of Montgomery County and currently representing the Third Appellate Judicial Circuit, shall continue on the Court as an appointee from the new Seventh Appellate Judicial Circuit; (6) Judge Robert M. Bell of Baltimore City and currently representing the Sixth Appellate Judicial Circuit, shall continue on the Court as an appointee from the Sixth Appellate Judicial Circuit; and (7) Judge Lawrence F. Rodowsky of Baltimore City and currently representing the Sixth Judicial Circuit, shall continue on the Court as an appointee from the new Third Appellate Judicial Circuit.
(d) An appointment to fill a vacancy on the Court of Appeals, following the adoption of the amendment proposed by House Bill 635 of 1994 by the voters of this State in accordance with the provisions of Article XIV of the Constitution of the State, shall be made in accordance with the provisions of Article IV, Section 14 of the Constitution of the State.
(e) Each judge of the Court of Appeals in office on January 12, 1994, or the judge's successor, shall be eligible to continue to
ARTICLE XIX VIDEO LOTTERY TERMINALS (added by Chapter 5, Acts of 2007 Special Session, ratified Nov. 4, 2008) SEC. 1. (a) This article does not apply to: (1) Lotteries conducted under Title 9, Subtitle 1 of the State Government Article of the Annotated Code of Maryland; (2) Wagering on horse racing conducted under Title 11 of the Business Regulation Article of the Annotated Code of Maryland; or (3) Gaming conducted under Title 12 or Title 13 of the Criminal Law Article of the Annotated Code of Maryland.
(b) In this article, "video lottery operation license" means a license issued to a person that allows players to operate video lottery terminals.
(c) (1) Except as provided in subsection (e) of this section, the State may issue up to five video lottery operation licenses throughout the State for the primary purpose of raising revenue for: (i) Education for the children of the State in public schools, prekindergarten through grade 12; and (ii) Public school construction and public school capital improvements (amended by Chapter 357, Acts of 2018, ratified Nov. 6, 2018). (2) Except as provided in subsection (e) of this section, the State may not authorize the operation of more than 15,000 video lottery terminals in the State. (3) Except as provided in subsection (e) of this section, a video lottery operation license only may be awarded for a video lottery facility in the following locations: (i) Anne Arundel County, within 2 miles of MD Route 295; (ii) Cecil County, within 2 miles of Interstate 95; (iii) Worcester County, within 1 mile of the intersection of Route 50 and Route 589; (iv) On State property located within Rocky Gap State Park in Allegany County; or (v) Baltimore City, if the video lottery facility is: 1. Located: A. In a nonresidential area; B. Within one-half mile of Interstate 95; C. Within one-half mile of MD Route 295; and D. On property that is owned by Baltimore City on the date on which the application for a video lottery operation license is submitted; and 2. Not adjacent to or within one-quarter mile of property that is: A. Zoned for residential use; and B. Used for a residential dwelling on the date the application for a video lottery operation license is submitted. (4) Except as provided in subsection (e) of this section, the State may not award more than one video lottery operation license in a single county or Baltimore City. (5) A video lottery facility shall comply with all applicable planning and zoning laws of the local jurisdiction.
(d) Except as provided in subsection (e) of this section, on or after November 15, 2008, the General Assembly may not authorize any additional forms or expansion of commercial gaming.
(e) The General Assembly may only authorize additional forms or expansion of commercial gaming if approval is granted through a referendum, authorized by an act of the General Assembly, in a general election by a majority of the qualified voters in the State.
(f) 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. Maryland Constitutional Offices & Agencies Maryland Departments Maryland Independent Agencies Maryland Executive Commissions, Committees, Task Forces, & Advisory Boards Maryland Universities & Colleges Maryland Counties Maryland Municipalities Maryland at a Glance Maryland Manual On-Line Search the Manual e-mail: mdmanual@mdarchives.state.md.us This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsib
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