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affirm, as the case may be) that I will support the Constitution of the United States, and that I will be faithful and bear true allegiance to the State of Maryland, and support the Constitution and laws thereof; and that I will, to the best of my skill and judgment, diligently and faithfully, without partiality or prejudice, execute the office of...... according to the Constitution and laws of this State (and if Governor, Senator, Member of the House of Delegates or Judge) that I will not, directly or indirectly, receive the profits, or any parts of the profits, of any other office during the term of my acting as......

Sec. 7. Every person hereafter elected or appointed to office in this State, who shall refuse or neglect to take the oath or affirmation of office provided for in the sixth section of this Article, shall be considered as having refused to accept the said office; and a new election or appointment shall be made, as in case of refusal to accept, or resignation of an office; and any person violating said oath, shall, on conviction thereof, in a court of law, in addition to the penalties now or hereafter to be imposed by law, be thereafter incapable of holding any office of profit or trust in this state.

ARTICLE II.

Section 2. An election for Governor, under this Constitution, shall be held on the Tuesday next after the first Monday in November, in the year eighteen hundred and sixty-seven, and on the same day and month of every fourth year thereafter, at the places of voting for Delegates to the General Assembly; and every person qualified to vote for Delegates shall be qualified and entitled to vote for Governor; 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 inclosed 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.

Sec. 3. The Speaker of the House of Delegates shall then open the said returns in the presence of both Houses; and the person having the highest number of votes, and being constitutionally eligible, shall be the Governor, and shall qualify, in the manner herein prescribed, on the second Wednesday of January next ensuing his election, or as soon thereafter as may be practicable.

Sec. 4. If two or more persons shall have the highest and an equal number of votes for Governor, one of them shall be chosen Governor by the Senate and House of Delegates; and all questions in relation to the eligibility of Governor, and to the returns of said election, and to the number and legality of votes therein given, shall be determined by the House of Delegates; and if the person or persons having the highest number of votes be ineligible, the Governor shall be chosen by the Senate and House of Delegates. Every election of Governor by the General Assembly shall be determined by a joint majority of the Senate and House

of Delegates, and the vote shall be taken viva voce. But if two or more persons shall have the highest and an equal number of votes, then a second vote shall be taken, which shall be confined to the persons having an equal number; and if the vote should again be equal, then the election of Governor shall be determined by lot between those who shall have the highest and an equal number on the first vote.

Sec. 5. A person to be eligible to the office of Governor must have attained the age of thirty years, and must have been for ten years a citizen of the State of Maryland, and for five years next preceding his election a resident of the State, and, at the time of his election, a qualified voter therein.

ARTICLE III.

Section 2. The city of Baltimore shall be divided into four legislative districts, as near as may be, of equal population and of contiguous territory, and each of said legislative districts of Baltimore city, as they may from time to time be laid out, in accordance with the provisions hereof, and each county in the State shall be entitled to one Senator, who shall be elected by the qualified voters of the said legislative districts of Baltimore city, and of the counties of the State, respectively, and shall serve for four years from the date of his election, subject to the classification of Senators hereafter provided for.

Sec. 4. As soon as may be after the taking and publishing of the next national census, or after the enumeration of the population of this State, under the authority thereof, there shall be an appointment of representation in the House of Delegates, to be made on the following basis, to-wit: Each of the several counties of the State having a population of eighteen thousand souls, or less, shall be entitled to two Delegates; and every county having a population of over eighteen thousand, and less than twenty-eight thousand souls, shall be entitled to three Delegates; and every county having a population of twenty-eight thousand, and less than forty thousand souls, shall be entitled to four Delegates; and every county having a population of forty thousand, and less than fifty-five thousand souls, shall be entitled to five Delegates; and every county having a population of fifty-five thousand souls and upwards shall be entitled to six Delegates, and no more; and each of the four Legislative Districts of Baltimore city shall be entitled to the number of Delegates to which the largest county shall or may be entitled, under the foregoing apportionment. And the General Assembly shall have power to provide by law, from time to time, for altering and changing the boundaries of the existing Legislative Districts of the city of Baltimore, so as to make them, as near as maye be, of equal population; but each district shall always consist of contiguous territory.

Sec. 5. Immediately after the taking and publishing of the next national census, or after any State enumeration of population, as aforesaid, it shall be the duty of the Governor, then being, to arrange the

representation in said House of Delegates in accordance with the apportionment herein provided for; and to declare, by proclamation, the number of Delegates to which each county and the city of Baltimore may be entitled under such apportionment; and after every national census taken thereafter, or after any State enumeration of population thereafter made, it shall be the duty of the Governor, for the time being, to make similar adjustment of representation, and to declare the same by proclamation, as aforesaid.

Sec. 6. The members of the House of Delegates shall be elected by the qualified voters of the counties and the Legislative Districts of Baltimore city, respectively, to serve for two years from the day of their election.

Sec. 7. The first election for Senators and Delegates shall take place on the Tuesday next after the first Monday in the month of November, eighteen hundred and sixty-seven; and the election for Delegates and as nearly as practicable, for one-half of the Senators, shall be held on the same day, in every second year thereafter.

Sec. 8. Immediately after the Senate shall have convened, after the first election under this Constitution, the Senators shall be divided by lot into two classes, as nearly equal in number as may be. Senators of the first class shall go out of office at the expiration of two years, and Senators shall be elected on the Tuesday next after the first Monday in the month of November, eighteen hundred and sixty-nine for the term of four years, to supply their places; so that, after the first election, one-half of the Senators may be chosen every second year. In case the number of Senators be hereafter increased, such classification of the additional Senators shall be made as to preserve, as nearly as may, an equal number in each class.

Sec. 9. No person shall be eligible as a Senator or Delegate who, at the time of his election, is not a citizen of the State of Maryland, and who has not resided therein for at least three years next preceding the day of his election, and the last year thereof, in the county, or in the Legislative District of Baltimore city, which he may be chosen to represent, if such county or Legislative District of said city shall have been so long established; and if not, then in the county or city from which, in whole or in part, the same may have been formed; nor shall any person be eligible as a Senator unless he shall have attained the age of twenty-five years, nor as a Delegate unless he shall have attained the age of twenty-one years, at the time of his election.

Sec. 10. No member of Congress, or person holding any civil or military office under the United States, shall be eligible as Senator or Delegate; and if any person shall, after his election as Senator or Delegate, be elected to Congress, or be appointed to any office, civil or military, under the Government of the United States, his acceptance thereof shall vacate his seat.

Sec. 11. No minister or preacher of the Gospel or of any religious

creed or denomination, and no person holding any civil office of profit or trust under this State, except justices of the peace, shall be eligible as Senator or Delegate.

Sec. 12. No collector, receiver, or holder of public money shall be eligible as Senator or Delegate, or to any office of profit or trust under this State, until he shall have accounted for and paid into the treasury all sums on the books thereof charged to and due by him.

Sec. 13. In case of death, disqualification, resignation, refusal to act, expulsion, or removal from the county or city for which he shall have been elected, of any person who shall have been chosen as a Delegate or Senator, or in case of a tie between two or more of such qualified persons, a warrant of election shall be issued by the Speaker of the House of Delegates, or President of the Senate, as the case may be, for the election of another person in his place, of which election not less than ten days notice shall be given, exclusive of the day of the publication of the notice and of the day of election; and if during the recess of the Legislature, and more than ten days before its termination, such death shall occur or such resignation, refusal to act or disqualification be communicated in writing to the Governor by the person so resigning, refusing or disqualified, it shall be the duty of the Governor to issue a warrant of election to supply the vacancy thus created, in the same manner the said Speaker or President might have done during the session of the General Assembly; provided, however, that unless a meeting of the General Assembly may intervene, the election thus ordered to fill such vacancy shall be held on the day of the ensuing election for Delegates and Senators.

Sec. 19. Each House shall be judge of the qualifications and elections of its members, as prescribed by the Constitution.

Sec. 41. Any citizen of this State, who shall, after the adoption of this Constitution, either in or out of this State, fight a duel with deadly weapons, or send or accept a challenge so to do, or who shall act as a second, or knowingly aid or assist in any manner those offending, shall ever thereafter be incapable of holding any office of profit or trust under this State, unless relieved from the disability by an Act of the Legislature.

Sec. 42. The General Assembly shall pass laws necessary for the preservation of the purity of elections.

Sec. 47. The General Assembly shall make provisions for all cases of contested elections of any of the officers not herein provided for.

Sec. 49. The General Assembly shall have power to regulate by law, not inconsistent with this Constitution, all matters which relate to the judges of election, time, place and manner of holding elections in this State, and of making returns thereof.

ARTICLE IV.

Sec. 2. The judges of all 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 in the judicial circuit, as the case may be, 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.

Sec. 3. The judges of the said several courts shall be elected in the counties by the qualified voters in their respective judicial circuits, as hereinafter provided, at the general election to be held on the Tuesday after the first Monday in November next, and in the city of Baltimore on the fourth Wednesday of October next. Each of the said judges shall hald 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; but in case of any judge who shall attain the age of seventy years while in office such judge may be continued in office by the General Assembly for such further time as they may think fit, not to exceed the term for which he was elected, by a resolution to be passed at the session next preceding his attaining said age.

Sec. 5. After the election for judges as hereinbefore provided, there shall be held in this State, in every fifteenth year thereafter, on the Tuesday after the first Monday in November of such year, an election for judges as herein provided, and in case of death, resignation, removal or disqualification by reason of age or otherwise of any judge, the Governor shall appoint a person duly qualified to fill said office, who shall hold the same until the next general election for members of the General Assembly, when a successor shall be elected, whose term of office shall be the same as i reinbefore provided; and upon the expiration of the term of fifteen years which any judge may be elected to fill a vacancy, an election for his successor shall take place at the next general election for members of the General Assembly to occur upon or after the expiration of said term, and the Governor shall appoint a person duly qualified to hold said office from the expiration of said term of fifteen years until the election and qualification of his successor.

Sec. 11. The election for judges hereinbefore provided, and all elections for clerks, registers of wills and other officers provided in this Constitution, except State's Attorney, shall be certified and the returns made by the clerks of the Circuit Courts for the counties, and the clerk of the Superior Court of Baltimore city, respectively, to the Governor, who shall issue commissions to the different persons for the offices to which they have been, respectively, elected; and in all such elections the persons having the greatest number of votes shall be declared to be elected.

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