Difference between revisions of "Article XVII, Maryland Constitution"

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{{MDConstitution}}{{tnr}}'''Article XVII''' of the [[Maryland Constitution]] is entitled '''Quadrennial Elections''' and consists of 13 sections.
 
{{MDConstitution}}{{tnr}}'''Article XVII''' of the [[Maryland Constitution]] is entitled '''Quadrennial Elections''' and consists of 13 sections.
  
''(added by Chapter 227, Acts of 1922, ratified Nov. 7, 1922)''
+
'''Note:''' ''Added by Chapter 227, Acts of 1922, on November 7, 1922.''
  
 
==Section 1==
 
==Section 1==
Line 11: Line 11:
 
| '''Text of Section 1:'''
 
| '''Text of Section 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.
+
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.<ref name="md">[http://www.msa.md.gov/msa/mdmanual/43const/html/00dec.html ''Maryland.gov'', "Constitution of Maryland", accessed March 28, 2014]</ref>
 
|}
 
|}
''(originally Article XVII, sec. 11, transferred and amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).''
+
===Amendments===
 +
* Originally Article XVII, Section 11, transferred and amended by Chapter 681, Acts of 1977, on November 7, 1978.
  
 
==Section 2==
 
==Section 2==
Line 23: Line 24:
 
| '''Text of Section 2:'''
 
| '''Text of Section 2:'''
  
Except for a special election that may be authorized to fill a vacancy in a County Council 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.
+
Except for a special election that may be authorized to fill a vacancy in a County Council 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.<ref name="md"/>
 
|}
 
|}
''(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).''
+
===Amendments===
 +
* First left vacant by Chapter 681, Acts of 1977; Ratified on November 7, 1978; and then amended by Chapter 81, Acts of 1996, on November 5, 1996.
  
 
==Section 3==
 
==Section 3==
Line 35: Line 37:
 
| '''Text of Section 3:'''
 
| '''Text of Section 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.
+
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.<ref name="md"/>
 
|}
 
|}
''(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).''
+
===Amendments===
 +
* Originally Article XVII, Section 1(a), transferred and amended by Chapter 681, Acts of 1977, ratified on November 7, 1978.  
 +
* As Section 1(a), it was amended by Chapter 10, Acts of 1966, on November 8, 1966 and Chapter 370, Acts of 1972, on November 7, 1972.
  
 
==Section 4==
 
==Section 4==
Line 47: Line 51:
 
| '''Text of Section 4:'''
 
| '''Text of Section 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.
+
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.<ref name="md"/>
 
|}
 
|}
''(originally Article XV, sec. 9, transferred and amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).''
+
===Amendments===
 +
* Originally [[Article XV, Maryland Constitution|Article XV]], Section 9, transferred and amended by Chapter 681, Acts of 1977, on November 7, 1978.
  
 
==Section 5==
 
==Section 5==
Line 59: Line 64:
 
| '''Text of Section 5:'''
 
| '''Text of Section 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.
+
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.<ref name="md"/>
 
|}
 
|}
''(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).''
+
===Amendments===
 +
* Originally Article XVII, Section 4, transferred by Chapter 681, Acts of 1977, on November 7, 1978.  
 +
* As Section 4, it was amended by Chapter 99, Acts of 1956, on November 6, 1956.
  
 
==Section 6==
 
==Section 6==
Line 71: Line 78:
 
| '''Text of Section 6:'''
 
| '''Text of Section 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.
+
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.<ref name="md"/>
 
|}
 
|}
''(originally Article XVII, sec. 8, transferred by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).''
+
===Amendments===
 +
* Originally Article XVII, Section 8, transferred by Chapter 681, Acts of 1977, on November 7, 1978.
  
 
==Section 7==
 
==Section 7==
Line 83: Line 91:
 
| '''Text of Section 7:'''
 
| '''Text of Section 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.
+
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.<ref name="md"/>
 
|}
 
|}
''(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 1966, ratified Nov. 8, 1966; Chapter 370, Acts of 1972, ratified Nov. 7, 1972. As sec. 7, it was amended by Chapter 119, Acts of 1999, ratified Nov. 7, 2000).''
+
===Amendments===
 +
* Originally Article XVII, Section 1(b), transferred and amended by Chapter 681, Acts of 1977, on November 7, 1978.  
 +
* As Section 1(b), it was amended by Chapter 10, Acts of 1966, on November 8, 1966 and Chapter 370, Acts of 1972, on November 7, 1972.  
 +
* As Section 7, it was amended by [[Maryland Staggered Elections for County Officials, Question 1 (2000)]] on November 7, 2000.
  
 
==Section 8==
 
==Section 8==
Line 95: Line 106:
 
| '''Text of Section 8:'''
 
| '''Text of Section 8:'''
  
If at any election directed by this Constitution, any two or more candidates shall have the highest and an equal number of votes, a new election shall be ordered by the Governor, except in cases specially provided for by this Constitution.  
+
If at any election directed by this Constitution, any two or more candidates shall have the highest and an equal number of votes, a new election shall be ordered by the Governor, except in cases specially provided for by this Constitution.<ref name="md"/>
 
|}
 
|}
''(transferred from Article XV, sec. 4, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).''
+
===Amendments===
 +
* Transferred from [[Article XV, Maryland Constitution|Article XV]], Section 4, by Chapter 681, Acts of 1977, on November 7, 1978.
  
 
==Section 9==
 
==Section 9==
Line 107: Line 119:
 
| '''Text of Section 9:'''
 
| '''Text of Section 9:'''
  
In the event of any inconsistency between the provisions of this Article and any of the other provisions of the Constitution, the provisions of this Article shall prevail, and all other provisions shall be repealed or abrogated to the extent of such inconsistency.
+
In the event of any inconsistency between the provisions of this Article and any of the other provisions of the Constitution, the provisions of this Article shall prevail, and all other provisions shall be repealed or abrogated to the extent of such inconsistency.<ref name="md"/>
 
|}
 
|}
''(transferred from Article XVII, sec. 13, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).''
+
===Amendments===
 +
* Transferred from Article XVII, Section 13, by Chapter 681, Acts of 1977, on November 7, 1978.
  
 
==Section 10==
 
==Section 10==
Line 119: Line 132:
 
| '''Text of Section 10:'''
 
| '''Text of Section 10:'''
  
Vacant
+
Vacant.<ref name="md"/>
 
|}
 
|}
''(repealed by Chapter 99, Acts of 1956, ratified Nov. 6, 1956).''
+
===Amendments===
 +
* Repealed by Chapter 99, Acts of 1956, on November 6, 1956.
  
 
==Section 11==
 
==Section 11==
Line 131: Line 145:
 
| '''Text of Section 11:'''
 
| '''Text of Section 11:'''
  
Vacant  
+
Vacant.<ref name="md"/>
 
|}
 
|}
''(amended and transferred to Article XVII, sec. 1, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).''
+
===Amendments===
 +
* Amended and transferred to Article XVII, Section 1, by Chapter 681, Acts of 1977, on November 7, 1978.
  
 
==Section 12==
 
==Section 12==
Line 143: Line 158:
 
| '''Text of Section 12:'''
 
| '''Text of Section 12:'''
  
Vacant  
+
Vacant.<ref name="md"/>
 
|}
 
|}
''(repealed by Chapter 99, Acts of 1956, ratified Nov. 6, 1956).''
+
===Amendments===
 +
* Repealed by Chapter 99, Acts of 1956, on November 6, 1956.
  
 
==Section 13==
 
==Section 13==
Line 155: Line 171:
 
| '''Text of Section 13:'''
 
| '''Text of Section 13:'''
  
Vacant  
+
Vacant.<ref name="md"/>
 
|}
 
|}
''(transferred to Article XVII, sec. 9, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).''
+
===Amendments===
 +
* Transferred to Article XVII, Section 9, by Chapter 681, Acts of 1977, on November 7, 1978.
 +
 
 +
==See also==
 +
[[File:StateConstitutions Ballotpedia.jpg|right|175px]]
 +
* [[State constitution]]
 +
* [[Constitutional article]]
 +
* [[Constitutional amendment]]
 +
* [[Constitutional revision]]
 +
* [[Constitutional convention]]
 +
* [[Amendment|Amendments]]
 +
** [[Initiated constitutional amendment]]
 +
** [[Legislatively-referred constitutional amendment]]
 +
** [[Publication requirements for proposed state constitutional amendments]]
 +
** [[Rules about constitutional conventions in state constitutions]]
 +
** [[State constitutional articles governing state legislatures]]
  
 
==External links==
 
==External links==
* [http://www.msa.md.gov/msa/mdmanual/43const/html/const.html Links by Article to Maryland Constitution]
+
{{submit a link}}
 +
* [http://www.mdarchives.state.md.us/msa/mdmanual/43const/html/const.html ''Maryland.gov'', "Maryland Constitution"]
 +
* [http://aomol.net/html/conventions4.html From ''The Archives of Maryland'', "Constitutional Records"]
 +
* [http://www.elections.state.md.us/elections/2006/results/general/Statewide_Ballot_Question_Results.html ''Maryland.gov'', "Statewide Ballot Question Results"]
 +
* [http://teaching.msa.maryland.gov/000001/000000/000115/html/t115.html ''Teaching American History in Maryland'', "Maryland Constitutions"], a list of primary and secondary resources about the Maryland Constitution and its history.
 +
 
 +
==Additional reading==
 +
* [http://books.google.com/books?id=MoTGJ8bk11wC&pg=PA263&lpg=PA263&dq=1990+MARYLAN#v=onepage&q=&f=false Friedman, Dan (2006). ''The Maryland State Constitution: A Reference Guide'', Westport, Connecticut: Greenwood Publishing]
 +
* [http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1314845 Rees, Charles A. (2007). "Remarkable Evolution: The Early Constitutional History of Maryland" in ''University of Baltimore Law Review'', Vol. 36, No. 2, 2007]
 +
* [http://web.archive.org/web/20050310164539/http://www.mdhc.org/bibliotest/essays.php?essay=31 Ridgway, Whitman H. (2001). "(Maryland in) the Nineteenth Century" from the ''Maryland Humanities Council'']
 +
* [http://www.thegreenpapers.com/slg/constitution.phtml Berg-Andersson, Richard E. (2004). "Constitutions of the Several states" from ''The Green Papers'']
 +
 
 +
==References==
 +
{{reflist}}
  
==Navigation==
 
 
{{Maryland Constitution}}
 
{{Maryland Constitution}}
 +
{{State constitutions}}
 +
{{Maryland}}

Latest revision as of 18:05, 21 April 2014

Maryland Constitution
Flag of Maryland.png
Articles

Declaration of RightsIIIIIIIVVVIVIIVIIIIXXXIXI-AXI-BXI-CXI-DXI-EXI-FXI-GXI-HXI-IXIIXIIIXIVXVXVIXVIIXVIIIXIX

Article XVII of the Maryland Constitution is entitled Quadrennial Elections and consists of 13 sections.

Note: Added by Chapter 227, Acts of 1922, on November 7, 1922.

Section 1

Text of Section 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.[1]

Amendments

  • Originally Article XVII, Section 11, transferred and amended by Chapter 681, Acts of 1977, on November 7, 1978.

Section 2

Text of Section 2:

Except for a special election that may be authorized to fill a vacancy in a County Council 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.[1]

Amendments

  • First left vacant by Chapter 681, Acts of 1977; Ratified on November 7, 1978; and then amended by Chapter 81, Acts of 1996, on November 5, 1996.

Section 3

Text of Section 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.[1]

Amendments

  • Originally Article XVII, Section 1(a), transferred and amended by Chapter 681, Acts of 1977, ratified on November 7, 1978.
  • As Section 1(a), it was amended by Chapter 10, Acts of 1966, on November 8, 1966 and Chapter 370, Acts of 1972, on November 7, 1972.

Section 4

Text of Section 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.[1]

Amendments

  • Originally Article XV, Section 9, transferred and amended by Chapter 681, Acts of 1977, on November 7, 1978.

Section 5

Text of Section 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.[1]

Amendments

  • Originally Article XVII, Section 4, transferred by Chapter 681, Acts of 1977, on November 7, 1978.
  • As Section 4, it was amended by Chapter 99, Acts of 1956, on November 6, 1956.

Section 6

Text of Section 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.[1]

Amendments

  • Originally Article XVII, Section 8, transferred by Chapter 681, Acts of 1977, on November 7, 1978.

Section 7

Text of Section 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.[1]

Amendments

  • Originally Article XVII, Section 1(b), transferred and amended by Chapter 681, Acts of 1977, on November 7, 1978.
  • As Section 1(b), it was amended by Chapter 10, Acts of 1966, on November 8, 1966 and Chapter 370, Acts of 1972, on November 7, 1972.
  • As Section 7, it was amended by Maryland Staggered Elections for County Officials, Question 1 (2000) on November 7, 2000.

Section 8

Text of Section 8:

If at any election directed by this Constitution, any two or more candidates shall have the highest and an equal number of votes, a new election shall be ordered by the Governor, except in cases specially provided for by this Constitution.[1]

Amendments

  • Transferred from Article XV, Section 4, by Chapter 681, Acts of 1977, on November 7, 1978.

Section 9

Text of Section 9:

In the event of any inconsistency between the provisions of this Article and any of the other provisions of the Constitution, the provisions of this Article shall prevail, and all other provisions shall be repealed or abrogated to the extent of such inconsistency.[1]

Amendments

  • Transferred from Article XVII, Section 13, by Chapter 681, Acts of 1977, on November 7, 1978.

Section 10

Text of Section 10:

Vacant.[1]

Amendments

  • Repealed by Chapter 99, Acts of 1956, on November 6, 1956.

Section 11

Text of Section 11:

Vacant.[1]

Amendments

  • Amended and transferred to Article XVII, Section 1, by Chapter 681, Acts of 1977, on November 7, 1978.

Section 12

Text of Section 12:

Vacant.[1]

Amendments

  • Repealed by Chapter 99, Acts of 1956, on November 6, 1956.

Section 13

Text of Section 13:

Vacant.[1]

Amendments

  • Transferred to Article XVII, Section 9, by Chapter 681, Acts of 1977, on November 7, 1978.

See also

StateConstitutions Ballotpedia.jpg

External links

BallotpediaAvatar bigger.png
Suggest a link

Additional reading

References