MARYLAND CONSTITUTION
ARTICLE II
EXECUTIVE DEPARTMENT
Art. II §1 | EXECUTIVE AUTHORITY VESTED IN THE GOVERNOR
Art. II §1A | DUTIES AND COMPENSATION OF THE LIEUTENANT GOVERNOR
Art. II §1B | JOINT NOMINATION AND ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR
Art. II §2 | ELECTION PROCEDURE FOR GOVERNOR AND LIEUTENANT GOVERNOR
Art. II §3 | CERTIFICATION OF ELECTION RESULTS
Art. II §4 | RESOLVING TIED VOTES AND ADDRESSING ELIGIBILITY CONCERNS
Art. II §5 | ELIGIBILITY CRITERIA FOR GOVERNOR AND LIEUTENANT GOVERNOR
Art. II §6 | SUCCESSION AND ACTING GOVERNOR PROVISIONS
(b) The Lieutenant Governor shall serve as acting Governor when notified in writing by the Governor that the Governor will be temporarily unable to perform the duties of the Governor's office. The Lieutenant Governor also shall serve as acting Governor when the Governor is disabled but is unable to communicate to the Lieutenant Governor the fact of the Governor's inability to perform the duties of his office. In either event the Lieutenant Governor shall serve as acting Governor until notified in writing by the Governor that the Governor is able to resume the duties of the Governor's office or until the office becomes vacant (amended by Chapter 82, Acts of 2021, ratified Nov. 8, 2022).
(c) The General Assembly, by the affirmative vote of three-fifths of all its members in joint session, may adopt a resolution declaring that the Governor or Lieutenant Governor is unable by reason of physical or mental disability to perform the duties of the office. When action is undertaken pursuant to this subsection of the Constitution, the officer who concludes that the other officer is unable, by reason of disability to perform the duties of the office shall have the power to call the General Assembly into Joint Session. The resolution, if adopted, shall be delivered to the Supreme Court of Maryland, which then shall have exclusive jurisdiction to determine whether that officer is unable by reason of the disability to perform the duties of the office. If the Supreme Court of Maryland determines that such officer is unable to discharge the duties of the office by reason of a permanent disability, the office shall be vacant. If the Supreme Court of Maryland determines that such officer is unable to discharge the duties of the office by reason of a temporary disability, it shall declare the office to be vacant during the time of the disability and the Court shall have continuing jurisdiction to determine when the disability has terminated. If the General Assembly and the Supreme Court of Maryland, acting in the same manner as described above, determine that the Governor-elect or Lieutenant Governor-elect is unable by reason of physical or mental disability to perform the duties of the elected office, the elected officer shall be disqualified to assume office (amended by Chapter 82, Acts of 2021, ratified Nov. 8, 2022).
(d) When a vacancy occurs in the office of Governor, the Lieutenant Governor shall succeed to that office for the remainder of the term. When a vacancy occurs in the office of Lieutenant Governor, the Governor shall nominate a person who shall succeed to that office upon confirmation by the affirmative vote of a majority of all members of the General Assembly in joint session.
(e) If vacancies in the offices of Governor and Lieutenant Governor exist at the same time, the General Assembly shall convene forthwith, and the office of Governor shall be filled for the remainder of the term by the affirmative vote of a majority of all members of the General Assembly in joint session. The person so chosen as Governor by the General Assembly shall then nominate a person to succeed to the office of Lieutenant Governor, upon confirmation by the affirmative vote of a majority of all members of the General Assembly in the same joint session. The President of the Senate shall serve as acting Governor until the newly elected Governor has qualified. If a vacancy exists in the office of Lieutenant Governor, at a time when the Lieutenant Governor is authorized to serve as acting Governor, the President of the Senate shall serve as acting Governor. If there is a vacancy in the office of the President of the Senate at a time when the President is authorized to serve as acting Governor, the Senate shall forthwith convene and fill the vacancy (amended by Chapter 82, Acts of 2021, ratified Nov. 8, 2022).
(f) When the Lieutenant Governor or a person elected by the General Assembly succeeds to the office of Governor, the person who succeeds to the office shall have the title, powers, duties, and emoluments of that office; but when the Lieutenant Governor or the President of the Senate serves as acting Governor, the acting Governor shall have only the powers and duties of that office. When the President of the Senate serves as acting Governor, the President shall continue to be President of the Senate, but the President's duties duties as president shall be performed by such other person as the Senate shall select (amended by Chapter 82, Acts of 2021, ratified Nov. 8, 2022).
(g) The Supreme Court of Maryland shall have original and exclusive jurisdiction to adjudicate disputes or questions arising from the failure of the Governor-elect to take office, or the service of the Lieutenant Governor or President of the Senate as acting Governor, or the creation of a vacancy in the office of Governor or Lieutenant Governor by reason of disability, or the succession to the office of Governor or Lieutenant Governor, or the exercise of the powers and duties of a successor to the office of Governor (amended by Chapter 743, Acts of 1959, ratified Nov. 8, 1960; Chapter 532, Acts of 1970, ratified Nov. 3, 1970; Chapter 82, Acts of 2021, ratified Nov. 8, 2022).
Art. II §7 | IMPEACHMENT OF GOVERNOR AND LIEUTENANT GOVERNOR
Art. II §7A | VACANT
Art. II §8 | GOVERNOR AS COMMANDER-IN-CHIEF OF STATE FORCES
Art. II §9 | EXECUTION OF LAWS BY THE GOVERNOR
Art. II §10 | APPOINTMENT OF CIVIL AND MILITARY OFFICERS
Art. II §10A | RESTRICTIONS ON EXECUTIVE APPOINTMENTS DURING TRANSITION PERIODS
(2) If the Governor is nominated in the primary election but defeated in the general election, the period between the general election and the inauguration of the next succeeding Governor.
Art. II §11 | TEMPORARY APPOINTMENTS DURING SENATE RECESS
Art. II §12 | PROHIBITION ON RENOMINATION AFTER SENATE REJECTION
Art. II §13 | NOMINATION DEADLINES AND TERM DURATION FOR CIVIL OFFICERS
Art. II §14 | FILLING VACANCIES DURING LEGISLATIVE SESSIONS
Art. II §15 | SUSPENSION AND REMOVAL OF MILITARY OFFICERS
Art. II §16 | EXTRAORDINARY LEGISLATIVE CONVENING BY THE GOVERNOR
Art. II §17 | GOVERNOR’S ROLE IN LEGISLATIVE APPROVAL AND VETO
(b) If any Bill presented to the Governor while the General Assembly is in session is not returned by the Governor with objections within six days (Sundays excepted), the Bill shall be a law in like manner as if the Governor signed it, unless the General Assembly, by adjournment, prevents its return, in which case it shall not be a law.
(c) Any Bill presented to the Governor within six days (Sundays excepted), prior to adjournment of any session of the General Assembly, or after such adjournment, shall become law without the Governor's signature unless it is vetoed by the Governor within 30 days after its presentment.
(d) Any Bill, except the Budget Bill, vetoed by the Governor shall be returned to the House in which it originated immediately after the House has organized at the next regular or special session of the General Assembly, other than in extraordinary session convened under subsection (g) of this section. The Bill may then be reconsidered according to the procedure specified in this section. Any Bill enacted over the veto of the Governor, or any Bill which shall become law as the result of the failure of the Governor to act within the time specified, shall take effect 30 days after the Governor's veto is over-ridden, or on the date specified in the Bill, whichever is later. If the Bill is an emergency measure, it shall take effect when enacted. No such vetoed Bill shall be returned to the Legislature when a new General Assembly of Maryland has been elected and sworn since the passage of the vetoed Bill.
(e) Except for the Budget Bill, the Governor shall have power to disapprove of any item or items of any Bills making appropriations of money embracing distinct items, and the part or parts of the Bill approved shall be the law, and the item or items of appropriations disapproved shall be void unless repassed according to the rules or limitations prescribed for the passage of other Bills over the Executive veto (amended by Chapter 194, Acts of 1890, ratified Nov. 3, 1891; Chapter 714, Acts of 1949, ratified Nov. 7, 1950; Chapter 664, Acts of 1959, ratified Nov. 8, 1960; Chapter 883, Acts of 1974, ratified Nov. 5, 1974; Chapter 793, Acts of 1988, ratified Nov. 8, 1988; Chapter 645, Acts of 2020, ratified Nov. 3, 2020).
(f)
(2) The Governor may veto only items relating to the Executive Department that have been increased or added by the General Assembly. The Governor may not veto any other items in the Budget Bill.
(3) If the Governor vetoes an item that had been increased by the General Assembly and the General Assembly does not override the veto under subsection (g) of this section, that item shall revert to the proposed appropriation submitted by the Governor. the proposed appropriation shall then be law immediately without further action by the Governor.
(4) If the Governor vetoes an item that had been added by the General Assembly and the General Assembly does not override the veto under subsection (g) of this section, that item shall be void.
(5) Items not disapproved by the Governor shall be law immediately without further action by the Governor (added by Chapter 645, Acts of 2020, ratified Nov. 3, 2020).
(2)
(ii) If three–fifths of the members elected to that house vote to override the veto of an item, it shall be sent to the other house for consideration.
(iii) If three–fifths of the members of that house vote to override the veto of the item, that item shall revert to the appropriation originally passed by the General Assembly. the appropriation as originally passed shall then become law immediately, without further action by the Governor or the General Assembly (added by Chapter 645, Acts of 2020, ratified Nov. 3, 2020).
Art. II §18 | EXAMINATION OF STATE FINANCIAL OFFICERS
Art. II §19 | REPORTING STATE CONDITIONS TO THE LEGISLATURE
Art. II §20 | POWER TO GRANT PARDONS AND REPORT DECISIONS
Art. II §21 | GOVERNOR'S RESIDENCY AND ANNUAL SALARY
Art. II §21A | COMMISSION FOR GOVERNOR AND LIEUTENANT GOVERNOR SALARIES
(b) The Governor's Salary Commission is created. It consists of seven members: The State Treasurer; three appointed by the President of the Senate; and three appointed by the Speaker of the House of Delegates. Members of the General Assembly and officers and employees of the State or a political subdivision of the State are not eligible for appointment to the Commission. The members of the Commission shall elect a member to be chairman, and the concurrence of at least five members is required for any formal Commission action. The terms of members shall be for 4 years, except that the persons first appointed to the Commission shall serve from June 1, 1977 until May 31, 1980. The members of the Commission are eligible for reappointment. Members shall serve without compensation but shall be reimbursed for expenses incurred in carrying out responsibilities under this section.
(c) Within ten days after the commencement of the regular session of the General Assembly in 1978, and within ten days after the commencement of the regular session of the General Assembly each fourth year thereafter, the Commission shall make a written recommendation to the Governor, Lieutenant Governor, and other members of the General Assembly as to the salary of the Governor and Lieutenant Governor.
(d) The recommendation shall be introduced as a joint resolution in each house of the General Assembly not later than the fifteenth day of the session. The General Assembly may amend the joint resolution to decrease the recommended salaries, but may not amend the joint resolution to increase the recommended salaries. If the General Assembly fails to adopt a joint resolution in accordance with this section within 50 days after its introduction, the salaries recommended by the Commission shall apply. If the General Assembly amends the joint resolution in accordance with this section, the salaries specified in the joint resolution, as amended, shall apply. If the Commission recommends no salary change, a joint resolution shall not be introduced.
(e) The Commission may not recommend salaries lower than that received by the incumbent Governor at the time the recommendation is made; and the General Assembly may not amend the joint resolution to provide for salaries lower than that received by the incumbent Governor and Lieutenant Governor.
(f) A change in salary resulting from either Commission recommendation or amended joint resolution under this section shall take effect at the beginning of the next ensuing term of the Governor and Lieutenant Governor.
(g) Commission inaction or failure of the Commission to meet the requirements of this section with respect to proposing a change in salary for the Governor and Lieutenant Governor shall result in no change in salary (added by Chapter 543, Acts of 1976, ratified Nov. 2, 1976).
Art. II §22 | APPOINTMENT OF SECRETARY OF STATE
Art. II §23 | DUTIES AND RECORDKEEPING BY THE SECRETARY OF STATE
Art. II §24 | GOVERNOR'S AUTHORITY TO REORGANIZE THE EXECUTIVE BRANCH
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