Article XVII, Maryland Constitution

From Ballotpedia
Revision as of 16:55, 24 July 2009 by Jlhaas (Talk | contribs)

(diff) ← Older revision | Latest revision (diff) | Newer revision → (diff)
Jump to: navigation, search
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.

(added by Chapter 227, Acts of 1922, ratified Nov. 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.

(originally Article XVII, sec. 11, transferred and amended by Chapter 681, Acts of 1977, ratified Nov. 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.

(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).

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.

(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).

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.

(originally Article XV, sec. 9, transferred and amended by Chapter 681, Acts of 1977, ratified Nov. 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.

(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).

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.

(originally Article XVII, sec. 8, transferred by Chapter 681, Acts of 1977, ratified Nov. 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.

(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).

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.

(transferred from Article XV, sec. 4, by Chapter 681, Acts of 1977, ratified Nov. 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.

(transferred from Article XVII, sec. 13, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).

Section 10

Text of Section 10:

Vacant

(repealed by Chapter 99, Acts of 1956, ratified Nov. 6, 1956).

Section 11

Text of Section 11:

Vacant

(amended and transferred to Article XVII, sec. 1, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).

Section 12

Text of Section 12:

Vacant

(repealed by Chapter 99, Acts of 1956, ratified Nov. 6, 1956).

Section 13

Text of Section 13:

Vacant

(transferred to Article XVII, sec. 9, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978).

External links

Navigation