Constitutional Language - Modernization

EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1488*

HOUSE BILL 1488
P1 CONSTITUTIONAL AMENDMENT 6lr1827
HB 1129/25 – HGO
By: Delegates D. Jones, Bagnall, Cardin, Cullison, Fair, Feldmark, Guyton,
Guzzone, Hill, Lehman, Martinez, McCaskill, Palakovich Carr, Phillips,
Pruski, Ruff, Shetty, Solomon, Stewart, Taveras, Terrasa, Wilkins, Williams,
and Wolek
Introduced and read first time: February 13, 2026
Assigned to: Government, Labor, and Elections

A BILL ENTITLED

AN ACT concerning 1

Constitutional Language – Modernization 2

FOR the purpose of altering terminology in the Maryland Constitution to be 3
gender–neutral. 4

BY proposing an amendment to the Maryland Constitution 5
Declaration of Rights 6
Article 6, 13, 19, 21, 22, 24, 33, 36, 39, and 40 7

BY proposing an amendment to the Maryland Constitution 8
Article I – Elective Franchise 9
Section 5, 6, 9, and 10 10

BY proposing an amendment to the Maryland Constitution 11
Article II – Executive Department 12
Section 1, 1A, 1B, 3, 5, 9, 10, 10A, 11, 15, 16, 18, 19, 20, 21, 21A, 22, and 23 13

BY proposing an amendment to the Maryland Constitution 14
Article III – Legislative Department 15
Section 6, 10, 12, 13, 15, 17, 35, and 50 16

BY proposing an amendment to the Maryland Constitution 17
Article IV – Judiciary Department 18
Section 4, 5, 6, 7, 14B, 18B, 21, 24, 25, 41, 41C, 41D, 41F, 41H, 41–I, and 44 19

BY proposing an amendment to the Maryland Constitution 20
Article V – Attorney–General and State’s Attorneys 21
Section 1, 3, 7, 9, 10, 11, and 12 22
2 HOUSE BILL 1488

BY proposing an amendment to the Maryland Constitution 1
Article VI – Treasury Department 2
Section 1, 2, 3, 4, 5, and 6 3

BY proposing an amendment to the Maryland Constitution 4
Article IX – Militia and Military Affairs 5
Section 2 6

BY proposing an amendment to the Maryland Constitution 7
Article XI – City of Baltimore 8
Section 1, 4, and 5 9

BY proposing an amendment to the Maryland Constitution 10
Article XI–A – Local Legislation 11
Section 1 and 7 12

BY proposing an amendment to the Maryland Constitution 13
Article XV – Miscellaneous 14
Section 1 and 5 15

BY proposing an amendment to the Maryland Constitution 16
Article XVI – The Referendum 17
Section 4 and 5 18

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
(Three–fifths of all the members elected to each of the two Houses concurring), That it be 20
proposed that the Maryland Constitution read as follows: 21

Declaration of Rights 22

Article 6. 23

That all persons invested with the Legislative or Executive powers of Government 24
are the Trustees of the Public, and, as such, accountable for their conduct: Wherefore, 25
whenever the ends of Government are perverted, and public liberty manifestly endangered, 26
and all other means of redress are ineffectual, the People may, and of right ought, to reform 27
the old, or establish a new Government; the doctrine of non –resistance against arbitrary 28
power and oppression is absurd, slavish and destructive of the good and happiness of 29
[mankind] HUMANITY. 30

Article 13. 31

That every [man] PERSON hath a right to petition the Legislature for the redress of 32
grievances in a peaceable and orderly manner. 33

Article 19. 34
HOUSE BILL 1488 3

That every [man] PERSON, for any injury done to [him] THEM in [his] THEIR 1
person or property, ought to have remedy by the course of the Law of the land, and ought 2
to have justice and right, freely without sale, fully without any denial, and speedily without 3
delay, according to the Law of the land. 4

Article 21. 5

That in all criminal prosecutions, every [man] PERSON hath a right to be informed 6
of the accusation against [him] THEM; to have a copy of the Indictment, or charge, in due 7
time (if required) to prepare for [his] THEIR defence; to be allowed counsel; to be confronted 8
with the witnesses against [him] THEM; to have process for [his] witnesses; to examine the 9
witnesses for and against [him] THEM on oath; and to a speedy trial by an impartial jury, 10
without whose unanimous consent [he] THAT PERSON ought not to be found guilty. 11

Article 22. 12

That no [man] PERSON ought to be compelled to give evidence against [himself] 13
THEMSELF in a criminal case. 14

Article 24. 15

That no [man] PERSON ought to be taken or imprisoned or disseized of [his] THEIR 16
freehold, liberties or privileges, or outlawed, or exiled, or, in any manner, destroyed, or 17
deprived of [his] THEIR life, liberty or property, but by the judgment of [his] THEIR peers, 18
or by the Law of the land. 19

Article 33. 20

That the independency and uprightness of Judges are essential to the impartial 21
administration of Justice, and a great security to the rights and liberties of the People: 22
Wherefore, the Judges shall not be removed, except in the manner, and for the causes 23
provided in this Constitution. No Judge shall hold any other office, civil or military, or 24
political trust, or employment of any kind, whatsoever, under the Constitution or Laws of 25
this State, or of the United States, or any of them; except that a Judge may be a member of 26
a reserve component of the armed forces of the United States or a member of the militia of 27
the United States or this State; or receive fees, or perquisites of any kind, for the discharge 28
of [his] THE JUDGE’S official duties. 29

Article 36. 30

That as it is the duty of every [man] PERSON to worship God in such manner as [he] 31
THAT PERSON thinks most acceptable to [Him] GOD, all persons are equally entitled to 32
protection in their religious liberty; wherefore, no person ought by any law to be molested 33
in [his] THEIR person or estate, on account of [his] THEIR religious persuasion, or 34
profession, or for [his] THEIR religious practice, unless, under the color of religion, [he] 35
4 HOUSE BILL 1488

THAT PERSON shall disturb the good order, peace or safety of the State, or shall infringe 1
the laws of morality, or injure others in their natural, civil or religious rights; nor ought 2
any person to be comp elled to frequent, or maintain, or contribute, unless on contract, to 3
maintain, any place of worship, or any ministry; nor shall any person, otherwise competent, 4
be deemed incompetent as a witness, or juror, on account of [his] THEIR religious belief, 5
provided, [he] THAT PERSON believes in the existence of God, and that under [His] GOD’S 6
dispensation such person will be held morally accountable for [his] THEIR acts, and be 7
rewarded or punished therefor either in this world or in the world to come. 8

Nothing shall prohibit or require the making reference to belief in, reliance upon, or 9
invoking the aid of God or a Supreme Being in any governmental or public document, 10
proceeding, activity, ceremony, school, institution, or place. 11

Nothing in this article shall constitute an establishment of religion. 12

Article 39. 13

That the manner of administering an oath or affirmation to any person, ought to be 14
such as those of the religious persuasion, profession, or denomination, of which [he] THAT 15
PERSON is a member, generally esteem the most effectual confirmation by the attestation 16
of the Divine Being. 17

Article 40. 18

That the liberty of the press ought to be inviolably preserved; that every citizen of 19
the State ought to be allowed to speak, write and publish [his] THEIR sentiments on all 20
subjects, being responsible for the abuse of that privilege. 21

Article I – Elective Franchise 22

5. 23

It shall be the duty of the General Assembly to pass Laws to punish, with fine and 24
imprisonment, any person, who shall remove into any ele ction district, or precinct of any 25
ward of the City of Baltimore, not for the purpose of acquiring a bona fide residence therein, 26
but for the purpose of voting at an approaching election, or, who shall vote in any election 27
district, or ward, in which [he] THAT PERSON does not reside, (except in the case provided 28
for in this Article,) or shall, at the same election, vote in more than one election district, or 29
precinct, or shall vote, or offer to vote, in any name not [his] THEIR own, or in place of any 30
other person of the same name, or shall vote in any county in which [he] THAT PERSON 31
does not reside. 32

6. 33

If any person shall give, or offer to give, directly or indirectly, any bribe, present or 34
reward, or any promise, or any security, for the payment or delivery of money, or any other 35
HOUSE BILL 1488 5

thing, to induce any voter to refrain from casting [his] THAT PERSON’S vote, or to prevent 1
[him] THAT PERSON in any way from voting, or to procure a vote for any candidate or 2
person proposed, or voted for as the elector of President, and Vice President of the United 3
States, or Representative in Congress or for any office of prof it or trust, created by the 4
Constitution or Laws of this State, or by the Ordinances, or Authority of the Mayor and 5
City Council of Baltimore, the person giving, or offering to give and the person receiving 6
the same, and any person who gives or causes to be given, an illegal vote, knowing it to be 7
such, at any election to be hereafter held in this State, shall, on conviction in a Court of 8
Law, in addition to the penalties now or hereafter to be imposed by law, be forever 9
disqualified to hold any office of profit or trust, or to vote at any election thereafter. But the 10
General Assembly may in its discretion remove the above penalty and all other penalties 11
upon the vote seller so as to place the penalties for the purchase of votes on the vote buyer 12
alone. 13

9. 14

Every person elected, or appointed, to any office of profit or trust, under this 15
Constitution, or under the Laws, made pursuant thereto, shall, before [he enters ] 16
ENTERING upon the duties of such office, take and subscribe the following oath, or 17
affirmation: I, ..........., do swear, (or affirm, as the case may be,) that I will support the 18
Constitution of the United States; and that I will be faithful and bear true allegiance to the 19
State of Maryland, and support the Constitution and Laws thereof; and tha t I will, to the 20
best of my skill and judgment, diligently and faithfully, without partiality or prejudice, 21
execute the office of .............., according to the Constitution and Laws of this State, (and, if 22
a Governor, Senator, Member of the House of Del egates, or Judge,) that I will not directly 23
or indirectly, receive the profits or any part of the profits of any other office during the term 24
of my acting as .................. 25

10. 26

Any officer elected or appointed in pursuance of the provisions of this Constitution, 27
may qualify, either according to the existing provisions of law, in relation to officers under 28
the present Constitution, or before the Governor of the State, or before any Clerk of any 29
Court of Record in any part of the State; but in case an officer shall qualify out of the County 30
in which [he] THAT OFFICER resides, an official copy of [his] THEIR oath shall be filed and 31
recorded in the Clerk’s office of the Circuit Court of the County in which [he] THE OFFICER 32
may reside, or in the Clerk’s of fice of the Superior Court of the City of Baltimore, if [he] 33
THE OFFICER shall reside therein. All words or phrases, used in creating public offices and 34
positions under the Constitution and laws of this State, which denote the masculine gender 35
shall be construed to include the feminine gender, unless the contrary intention is 36
specifically expressed. 37

Article II – Executive Department 38

1. 39

6 HOUSE BILL 1488

The executive power of the State shall be vested in a Governor, whose term of office 1
shall commence on the third Wednesday of January next ensuing [his] THE GOVERNOR’S 2
election, and continue for four years, and until [his] THE GOVERNOR’S successor shall 3
have qualified; and a person who has served two consecutive popular elective terms of office 4
as Governor shall be ineligible to succeed [himself] THEMSELF as Governor for the term 5
immediately following the second of said two consecutive popular elective terms. 6

1A. 7

There shall be a Lieutenant Governor, who shall have only the duties delegated to 8
[him] THE LIEUTENANT GOVERNOR by the Governor and shall have such compensation 9
as the General Assembly shall provide by law, except that beginning in the year 1978 the 10
salary of the Lieutenant Governor shall be as provided under Section 21A of this Article. 11
No person who is ineligible under this Constitution to be elected Governor shall be eligible 12
to hold the office of Lieutenant Governor. 13

1B. 14

Each candidate who shall seek a nomination for Governor, under any method 15
provided by law for such nomination, including primary elections, shall at the time of filing 16
for said office designate a candidate for Lieutenant Governor, and the names of the said 17
candidate for Governor and Lieutenant Governor shall be listed on the primary election 18
ballot, or otherwise considered for nomination jointly with each other. No candidate for 19
Governor may designate a candidate for Lieutenant Governor to contest for the said offices 20
jointly with [him] THE CANDIDATE FOR GOVERNOR without the consent of the said 21
candidate for Lieutenant Governor, and no candidate for Lieutenant Governor may 22
designate a candidate for Governor, to c ontest jointly for said offices with [him] THE 23
CANDIDATE FOR LIEUTENANT GOVERNOR without the consent of the said candidate for 24
Governor, said consent to be in writing on a form provided for such purpose and filed at the 25
time the said candidates shall file their certificates of candidacy, or other documents by 26
which they seek nomination. In any election, including a primary election, candidates for 27
Governor and Lieutenant Governor shall be listed jointly on the ballot, and a vote cast for 28
the candidate for Governor shall also be cast for Lieutenant Governor jointly listed on the 29
ballot with [him] THE CANDIDATE FOR GOVERNOR, and the election of Governor, or the 30
nomination of a candidate for Governor, also shall constitute the election for the same term, 31
or the nomination, of the Lieutenant Governor who was listed on the ballot or was being 32
considered jointly with [him] THE CANDIDATE FOR GOVERNOR. 33

3. 34

The Speaker of the House of Delegates shall then open the said Returns, in the 35
presence of both Houses; and the persons having the highest number of votes for these 36
offices, and being constitutionally eligible, shall be the Governor and Lieutenant Governor, 37
and shall qualify, in the manner herein prescribed, on the third Wednesday of January next 38
ensuing [his] THE GOVERNOR’S election, or as soon thereafter as may be practicable. 39

HOUSE BILL 1488 7

5. 1

A person to be eligible for the office of Governor or Lieutenant Governor must have 2
attained the age of thirty years, and must have been a resident and registered voter of the 3
State for five years next immediately preceding [his] THE CANDIDATE’S election. 4

9. 5

[He] THE GOVERNOR shall take care that the Laws are faithfully executed. 6

10. 7

[He] THE GOVERNOR shall nominate, and, by and with the advice and consent of 8
the Senate, appoint all civil and military officers of the State, whose appointment, or 9
election, is not otherwise herein provided for, unless a different mode of appointment be 10
prescribed by the Law creating the office. 11

10A. 12

(a) Except as provided in subsection (b) of this section, a Governor may not 13
appoint a person to an office in the Executive Branch of State Government during: 14

(1) The period between a primary election in which the Governor is not 15
renominated or is ineligible to succeed [himself] THEMSELF AS GOVERNOR and the 16
inauguration of the next succeeding Governor; or 17

(2) If the Governor is nominated in the primary election but defeated in the 18
general election, the period between the general election and the inauguration of the next 19
succeeding Governor. 20

(b) In an emergency during the periods described in subsection (a) of this section, 21
a Governor may appoint a person to an office in the Executive Branch that the Governor 22
has the power to fill on a temporary basis upon filing a statement of emergency with the 23
Secretary of State. Appointments made under this subsection are subject t o the approval 24
of the next succeeding Governor, who may remove the temporary officeholder and appoint 25
a replacement. 26

11. 27

In case of any vacancy during the recess of the Senate, in any office which the 28
Governor has power to fill, [he] THE GOVERNOR shall appoint some suitable person to 29
said office, whose commission shall continue in force until the end of the next session of the 30
Legislature, or until some other person is appointed to the same office, whichever shall first 31
occur; and the nomination of the person thus appointed during the recess, or of some other 32
person in [his] THE PERSON’S place, shall be made to the Senate on the first day of the 33
next regular meeting of the Senate. 34
8 HOUSE BILL 1488

15. 1

The Governor may suspend or arrest any military officer of the State for disobedience 2
of orders, or other military offense; and may remove [him] THE MILITARY OFFICER in 3
pursuance of the sentence of a Court –Martial; and may remove for incompetency, or 4
misconduct, all civil officers who received appointment from the E xecutive for a term of 5
years. 6

16. 7

The Governor shall convene the Legislature, or the Senate alone, on extraordinary 8
occasions; and whenever from the presence of an enemy, or from any other cause, the seat 9
of Government shall become an unsafe place for t he meeting of the Legislature, [he] THE 10
GOVERNOR may direct their sessions to be held at some other convenient place. 11

18. 12

It shall be the duty of the Governor, semiannually (and oftener, if [he deem] THE 13
GOVERNOR DEEMS it expedient) to examine under oath the Treasurer and Comptroller 14
of the State on all matters pertaining to their respective offices; and inspect and review 15
their Bank and other Account Books. 16

19. 17

[He] THE GOVERNOR shall, from time to time, inform the Legislature of the 18
condition of the State and recommend to their consideration such measures as [he] THE 19
GOVERNOR may judge necessary and expedient. 20

20. 21

[He] THE GOVERNOR shall have power to grant reprieves and pardons, except in 22
cases of impeachment, and in cases, in which [he] THE GOVERNOR is prohibited by other 23
Articles of this Constitution; and to remit fines and forfeitures for offences against the 24
State; but shall not remit the principal or interest of any debt due the State, except, in cases 25
of fi nes and forfeitures; and before granting a nolle prosequi, or pardon, [he] THE 26
GOVERNOR shall give notice, in one or more newspapers, of the application made for it, 27
and of the day on, or after which, [his] THE GOVERNOR’S decision will be given; and in 28
every case, in which [he] THE GOVERNOR exercises this power, [he] THE GOVERNOR 29
shall report to either Branch of the Legislature, whenever required, the petitions, 30
recommendations and reasons, which influenced [his] THE GOVERNOR’S decision. 31

21. 32

The Governor shall reside at the seat of government, and, from and after the fourth 33
Wednesday in January 1967, shall receive for [his] THE GOVERNOR’S services an annual 34
HOUSE BILL 1488 9

salary of twenty–five thousand dollars, except that beginning in the year 1978 the salary 1
of the Governor shall be as provided in Section 21A of this Article. 2

21A. 3

(a) The salaries of the Governor and Lieutenant Governor shall be as provided in 4
this section. 5

(b) The Governor’s Salary Commission is created. It consists of seven members: 6
The State Treasurer; three appointed by the President of the Senate; and three appointed 7
by the Speaker of the House of Delegates. Members of the General Assembly and officers 8
and e mployees of the State or a political subdivision of the State are not eligible for 9
appointment to the Commission. The members of the Commission shall elect a member to 10
be [chairman] CHAIR, and the concurrence of at least five members is required for any 11
formal Commission action. The terms of members shall be for 4 years, except that the 12
persons first appointed to the Commission shall serve from June 1, 1977 until May 31, 13
1980. The members of the Commission are eligible for reappointment. Members shall serve 14
without compensation but shall be reimbursed for expenses incurred in carrying out 15
responsibilities under this section. 16

(c) Within ten days after the commencement of the regular session of the General 17
Assembly in 1978, and within ten days after the comm encement of the regular session of 18
the General Assembly each fourth year thereafter, the Commission shall make a written 19
recommendation to the Governor, Lieutenant Governor, and other members of the General 20
Assembly as to the salary of the Governor and Lieutenant Governor. 21

(d) The recommendation shall be introduced as a joint resolution in each House 22
of the General Assembly not later than the fifteenth day of the session. The General 23
Assembly may amend the joint resolution to decrease the recommended sala ries, but may 24
not amend the joint resolution to increase the recommended salaries. If the General 25
Assembly fails to adopt a joint resolution in accordance with this section within 50 days 26
after its introduction, the salaries recommended by the Commission s hall apply. If the 27
General Assembly amends the joint resolution in accordance with this section, the salaries 28
specified in the joint resolution, as amended, shall apply. If the Commission recommends 29
no salary change, a joint resolution shall not be introduced. 30

(e) The Commission may not recommend salaries lower than that received by the 31
incumbent Governor at the time the recommendation is made; and the General Assembly 32
may not amend the joint resolution to provide for salaries lower than that received by the 33
incumbent Governor and Lieutenant Governor. 34

(f) A change in salary resulting from either Commission recommendation or 35
amended joint resolution under this section shall take effect at the beginning of the next 36
ensuing term of the Governor and Lieutenant Governor. 37

10 HOUSE BILL 1488

(g) Commission inaction or failure of the Commission to meet the requirements 1
of this section with respect to proposing a change in salary for the Governor and Lieutenant 2
Governor shall result in no change in salary. 3

22. 4

A Secretary of State shall be appointed by the Governor, by and with the advice and 5
consent of the Senate, who shall continue in office, unless sooner removed by the Governor, 6
till the end of the official term of the Governor from whom [he] THE SECRETARY OF 7
STATE received [his] THE SECRETARY OF STATE’S appointment, and receive such 8
annual salary as the General Assembly may from time to time by law prescribe. 9

23. 10

The Secretary of State shall carefully keep and preserve a Record of all official acts 11
and proceedings, which may at all times be inspected by a committee of either Branch of 12
the Legislature; and [he] THE SECRETARY OF STATE shall perform such other duties as 13
may be prescribed by Law, or as may properly belong to [his] THE SECRETARY OF 14
STATE’S office, together with all clerical duty belonging to the Executive Department. 15

Article III – Legislative Department 16

6. 17

A member of the General Assembly shall be elected by the registered voters of the 18
legislative or delegate district from which [he] THE PERSON seeks election, to serve for a 19
term of four years beginning on the second Wednesday of January following [his] THE 20
MEMBER’S election. 21

10. 22

No member of Congress, or person holding any civil, or military office under the 23
United States, shall be eligible as a Senator, or Delegate; and if any person shall after [his] 24
THE PERSON’S election as Senator, or Delegate, be elected to Congress, or be appointed to 25
any office, civil, or military, under the Government of the United States, [his] THE 26
SENATOR’S OR THE DELEGATE’S acceptance thereof, shall vacate [his] THE PERSON’S 27
seat; except that a Senator or Delegate may be a memb er of a reserve component of the 28
armed forces of the United States or a member of the militia of the United States or this 29
State. 30

12. 31

No Collector, Receiver, or Holder of public money shall be eligible as Senator or 32
Delegate, or to any office of profit, or trust, under this State, until [he] THAT PERSON shall 33
have accounted for, and paid into the Treasury all sums on the books thereof, charged to, 34
and due by [him] THAT PERSON. 35
HOUSE BILL 1488 11

13. 1

(a) (1) In case of death, disqualification, resignation, refusal to act, expulsion, 2
or removal from the county or city for which [he] THE PERSON shall have been elected, of 3
any person who shall have been chosen as a Delegate or Senator, or in case of a tie between 4
two or more such qualified persons, the Governor shall appoint a person to fill such vacancy 5
from a person whose name shall be submitted to [him] THE GOVERNOR in writing, within 6
thirty days after the occurrence of the vacancy, by the Central Committee of the political 7
party, if any, with which the Delegate or Senator, so vacating, had been affiliated, at the 8
time of the last election or appointment of the vacating Senator or Delegate, in the County 9
or District from which [he or she] THE DELEGATE OR SENATOR was appointed or elected, 10
provided that the appointee shall be of the same political party, if any, as was that of the 11
Delegate or Senator, whose office is to be filled, at the time of the last election or 12
appointment of the vacating Delegate or Senator, and it shall be the duty of the Governor 13
to make said appointment within fifteen days after the submission thereof to [him] THE 14
GOVERNOR. 15

(2) If a name is not submitted by the Central Committee within thirty days 16
after the occurrence of the vacancy, the Governor within another period of fifteen days shall 17
appoint a person, who shall be affiliated with the same political party, if any as was that of 18
the Delegate or Senator, whose office is to be filled, at the time of the last election or 19
appointment of the vacating Delegate or Senator, and who is otherwise properly qualified 20
to hold the office of Delegate or Senator in the District or County. 21

(3) In the event there is no Central Committee in the County or District 22
from which said vacancy is to be fille d, the Governor shall within fifteen days after the 23
occurrence of such vacancy appoint a person, from the same political party, if any, as that 24
of the vacating Delegate or Senator, at the time of the last election or appointment of the 25
vacating Senator or Delegate, who is otherwise properly qualified to hold the office of 26
Delegate or Senator in such District or County. 27

(4) In every case when any person is so appointed by the Governor, [his] 28
THE PERSON’S appointment shall be deemed to be for the unexpired term of the person 29
whose office has become vacant. 30

(b) In addition, and in submitting a name to the Governor to fill a vacancy in a 31
Legislative or Delegate district, as the case may be, in any of the twenty –three counties of 32
Maryland, the Central Committee or committees shall follow these provisions: 33

(1) If the vacancy occurs in a district having the same boundaries as a 34
county, the Central Committee of the county shall submit the name of a resident of the 35
district. 36

12 HOUSE BILL 1488

(2) If the vacancy occurs in a d istrict which has boundaries comprising a 1
portion of one county, the Central Committee of that county shall submit the name of a 2
resident of the district. 3

(3) If the vacancy occurs in a district which has boundaries comprising a 4
portion or all of two or more counties, the Central Committee of each county involved shall 5
have one vote for submitting the name of a resident of the district; and if there is a tie vote 6
between or among the Central Committees, the list of names there proposed shall be 7
submitted to the Governor, and [he] THE GOVERNOR shall make the appointment from 8
the list. 9

15. 10

(1) The General Assembly may continue its session so long as in its judgment the 11
public interest may require, for a period not longer than ninety days in each year. The 12
ninety days shall be consecutive unless otherwise provided by law. The General Assembly 13
may extend its session beyond ninety days, but not exceeding an additional thirty days, by 14
resolution concurred in by a three–fifths vote of the membership in each House. When the 15
General Assembly is convened by Proclamation of the Governor, the session shall not 16
continue longer than thirty days, but no additional compensation other than mileage and 17
other allowances provided by law shall be paid members of the General Assembly for special 18
session. 19

(2) Any compensation and allowances paid to members of the General Assembly 20
shall be as established by a commission known as the G eneral Assembly Compensation 21
Commission. The Commission shall consist of nine members, five of whom shall be 22
appointed by the Governor, two of whom shall be appointed by the President of the Senate, 23
and two of whom shall be appointed by the Speaker of the House of Delegates. Members of 24
the General Assembly and officers and employees of the Government of the State of 25
Maryland or of any county, city, or other governmental unit of the State shall not be eligible 26
for appointment to the Commission. Members of th e Commission shall be appointed for 27
terms of four years commencing on June 1 of each gubernatorial election year. Members of 28
the Commission are eligible for re –appointment. Any member of the Commission may be 29
removed by the Governor prior to the expiration of [his] THE MEMBER’S term for official 30
misconduct, incompetence, or neglect of duty. The members shall serve without 31
compensation but shall be reimbursed for expenses incurred in carrying out their 32
responsibilities under this section. Decisions of the Commission must be concurred in by at 33
least five members. 34

(3) Within 15 days after the beginning of the regular session of the General 35
Assembly in 1974 and within 15 days after the beginning of the regular session in each 36
fourth year thereafter, the Commis sion by formal resolution shall submit its 37
determinations for compensation and allowances to the General Assembly. The General 38
Assembly may reduce or reject, but shall not increase any item in the resolution. The 39
resolution, with any reductions that shall have been concurred in by joint resolution of the 40
General Assembly, shall take effect and have the force of law as of the beginning of the 41
term of office of the next General Assembly. Rates of compensation and pensions shall be 42
HOUSE BILL 1488 13

uniform for all members of the General Assembly, except that the officers of the Senate and 1
the House of Delegates may receive higher compensation as determined by the General 2
Assembly Compensation Commission. The provisions of the Compensation Commission 3
resolution shall continue in force until superseded by any succeeding resolution. 4

(4) In no event shall the compensation and allowances be less than they were 5
prior to the establishment of the Compensation Commission. 6

17. 7

No Senator or Delegate, after qualifying as such, notwith standing [he] THE 8
SENATOR OR DELEGATE may thereafter resign, shall during the whole period of time, for 9
which [he] THE SENATOR OR DELEGATE was elected, be eligible to any office, which shall 10
have been created, or the salary, or profits of which shall have been increased, during such 11
term. 12

35. 13

Extra compensation may not be granted or allowed by the General Assembly to any 14
public Officer, Agent, Servant or Contractor, after the service has been rendered, or the 15
contract entered into; nor may the salary or compensation of any public officer be increased 16
or diminished during [his] THE PUBLIC OFFICER’S term of office except those whose full 17
term of office is fixed by law in excess of 4 years. However, after January 1, 1956, for 18
services rendered after that date, the salary or compensation of any appointed public officer 19
of the Mayor and City Council of Baltimore may be increased or diminished at any time 20
during [his] THE PUBLIC OFFICER ’S term of office; except that as to officers in the 21
Classified City Service, when the salary of any appointed public officer of the Mayor and 22
City Council of Baltimore however, increased or decreased, it may not again be increased 23
or decreased, as the case may be, during the term of such public officer. 24

50. 25

It shall be the duty of the General Assembly, at its first session, held after the 26
adoption of this Constitution, to provide by Law for the punishment, by fine, or 27
imprisonment in the Penitentiary, or both, in the discretion of the Court, of any person, 28
who shall bribe, or attempt to bribe, any Executive, or Judicial officer of the State of 29
Maryland, or any member, or officer of the General Assembly of the State of Maryland, or 30
of any Municipal corporat ion in the State of Maryland, or any Executive officer of such 31
corporation, in order to influence [him] THE MEMBER OR OFFICER in the performance of 32
any of [his] THE MEMBER’S OR OFFICER’S official duties; and, also, to provide by Law for 33
the punishment, by fine, or imprisonment in the Penitentiary, or both, in the discretion of 34
the Court, of any of said officers, or members, who shall demand, or receive any bribe, fee, 35
reward, or testimonial, for the performance of [his] THE MEMBER’S OR OFFICER’S official 36
duties, or for neglecting, or failing to perform the same; and, also, to provide by Law for 37
compelling any person, so bribing, or attempting to bribe, or so demanding, or receiving a 38
bribe, fee, reward, or testimonial, to testify against any person, or perso ns, who may have 39
14 HOUSE BILL 1488

committed any of said offenses; provided, that any person, so compelled to testify, shall be 1
exempted from trial and punishment for the offence, of which [he] THE PERSON may have 2
been guilty; and any person, convicted of such offense, shal l, as part of the punishment 3
thereof, be forever disfranchised and disqualified from holding any office of trust, or profit, 4
in this State. 5

Article IV – Judiciary Department 6

4. 7

Any Judge shall be removed from office by the Governor, on conviction in a Court of 8
Law, of incompetency, of wilful neglect of duty, misbehavior in office, or any other crime, or 9
on impeachment, according to this Constitution, or the Laws of the State; or on the address 10
of the General Assembly, two –thirds of each House concurring in such address, and the 11
accused having been notified of the charges against [him] THE JUDGE, and having had 12
opportunity of making [his] THEIR defence. 13

5. 14

Upon every occurrence or recurrence of a vacancy through death, resignation, 15
removal, disqualification by reason of age or otherwise, or expiration of the term of fifteen 16
years of any judge of a circuit court, or creation of the office of any such judge, or in any 17
other way, the Governor shall appoint a person duly qualified to fill said office, who shall 18
hold the same until the election and qualification of [his] THE JUDGE’S successor. [His] 19
THE JUDGE ’S successor shall be elected at the first biennial general election for 20
Representatives in Congress after the expiration of the term of fifteen years (if the vacancy 21
occurred in that way) or the first such general election after one year after the occurrence 22
of the vacancy in any other way than through expiration of such term. Exce pt in case of 23
reappointment of a judge upon expiration of [his] THE JUDGE’S term of fifteen years, no 24
person shall be appointed who will become disqualified by reason of age and thereby unable 25
to continue to hold office until the prescribed time when [his] THE JUDGE’S successor 26
would have been elected. 27

6. 28

All Judges shall, by virtue of their offices, be Conservators of the Peace throughout 29
the State; and no fees, or perquisites, commission, or reward of any kind shall be allowed 30
to any Judge in this State, besides [his] THE JUDGE’S annual salary, for the discharge of 31
any Judicial duty. 32

7. 33

No Judge shall sit in any case wherein [he] THE JUDGE may be interested, or where 34
either of the parties may be connected with [him] THE JUDGE, by affinity or consanguinity, 35
within such degrees as now are, or may hereafter be prescribed by Law, or where [he] THE 36
JUDGE shall have been of counsel in the case. 37
HOUSE BILL 1488 15

14B. 1

No member of the General Assembly at which the addition of Section 14A was 2
proposed, if otherwise qualified, shall be ineligible for appointment or election as a judge of 3
any intermediate court of appeal, established by law by the General Assembly pursuant to 4
said Section 14A, by reason of [his] THE PERSON’S membership in such General Assembly. 5

18B. 6

(a) For the purpose of implementing the amendments to this article, dealing with 7
the selection and tenure of appellate court judges, the following provisions shall govern. 8

(b) Each judge of an appellate court who is in office for an elected term on the 9
effective date of these amendments, unless [he] THE JUDGE dies, resigns, retires, or is 10
otherwise lawfully removed, shall continue in office until the general election next after the 11
end of [his] THE JUDGE’S elected term, or until [his] THE JUDGE’S seventieth birthday, 12
whichever first occurs. [His] THE JUDGE’S continuance in office is then subject to the 13
provisions of section 5A(c) and (d) of this article, applicable to judges of that court, but in 14
no event shall any judge continue in office after [his] THEIR seventieth birthday. 15

(c) Each judge of a court specified in subsection (b) who is in office on the effective 16
date of these amendments, but who has not been elected to that office by the voters, shall, 17
within fifteen days after the effective date of these amendments, be reappointed to that 18
office. [His] THE JUDGE’S continuance in office is then subject to the provisions of section 19
5A(c) and (d) of this article, applicable to judges of that court, but in no event shall any 20
judge continue in office after [his] THEIR seventieth birthday. 21

21. 22

(a) Subject to the provisions of subsection (b) the General Assembly shall 23
determine by law the number of judges of the circuit court in each county and circuit. These 24
judges shall be selected in accordance with Sections 3 and 5 of this Article. 25

(b) There shall be at least four circuit court judges resident in each circuit, and at 26
least one circuit court judge shall be resident in each county. There shall be at least two 27
such judges resident in Anne Arundel County, at least three resident in Baltimore County, 28
at least four resident in Prince George’s County, and at least five resident in Montgomery 29
County. 30

(c) The senior judge in length of service in each circuit shall be the chief judge of 31
the circuit. The other judges shall be associate judges. 32

(d) Except as otherwise provided by law, one judge shall constitute a quorum for 33
the transaction of any business. 34

16 HOUSE BILL 1488

(e) The terms of the circuit courts shall be determined by law. 1

(f) A person is not ineligible for appointment or election as a judge because [he] 2
THAT PERSON was a member of the General Assembly at a time when the number or 3
salary of judges were increased or decreased. 4

24. 5

The salary of each Chief Judge and of each Associate Judge of the Circuit Court shall 6
not be diminished during [his] THE JUDGE’S continuance in office. 7

25. 8

There shall be a Clerk of the Circuit Court for each County and Baltimore City, who 9
shall be elected by a plurality of the qualified voters of said County or City, and shall hold 10
[his] THEIR office for four y ears from the time of [his] THEIR election, and until [his] A 11
successor is elected and qualified, and be re–eligible, subject to be removed for wilful neglect 12
of duty or other misdemeanor in office, on conviction in a Court of Law. In case of a vacancy 13
in the office of Clerk of a Circuit Court, the Judges of that Court may fill the vacancy until 14
the general election for Delegates to the General Assembly, to be held next thereafter, when 15
a successor shall be elected for the term of four years. 16

41. 17

There s hall be a Register of Wills in each county of the State, and the City of 18
Baltimore, to be elected by the legal and qualified voters of said counties and city, 19
respectively, who shall hold [his] office for four years from the time of [his] THAT 20
PERSON’S election and until [his] A successor is elected and qualified; [he] THE 21
REGISTER shall be re –eligible, and subject at all times to removal for willful neglect of 22
duty, or misdemeanor in office in the same manner that the Clerks of the Courts are 23
removable. In the event of any vacancy in the office of the Register of Wills, said vacancy 24
shall be filled by the Judges of the Orphans’ Court, in which such vacancy occurs, until the 25
next general election for Delegates to the General Assembly when a Register shall be 26
elected to serve for four years thereafter. 27

41C. 28

Each District Court judge shall devote full time to [his] THEIR judicial duties, shall 29
have the qualifications prescribed by Section 2 of this Article, and shall be a resident of the 30
district in which [he] THE JUDGE holds office. The number of judges for any district may 31
be increased or decreased by the General Assembly from time to time, subject to the 32
requirements of Section 41B of this Article, and any vacancy so created shall be filled as 33
provided in Section 41D of this Article. 34

41D. 35

HOUSE BILL 1488 17

The Governor, by and with the advice and consent of the Senate, shall appoint each 1
judge of the District Court whenever for any reason a vacancy shall exist in the office. All 2
hearings, deliberations, and debate on the confirmation of appointees of the Governor shall 3
be public, and no hearings, deliberations or debate thereon shall be conducted by the Senate 4
or any committee or subcommittee thereof in secret or executive session. Confirmation by 5
the Senate shall be made upon a majority vote of all members of the Senate. A judge 6
appointed by the Governor may take office upon qualification and before confirmation by 7
the Senate, but shall cease to hold office at the close of the regular annual session of the 8
General Assembly next following [his] THE JUDGE’S appointment or during which [he] 9
THAT JUDGE shall have been appointed by the Governor, if the Senate shall not have 10
confirmed [his] THAT JUDGE ’S appointment before then. Each judge appointed by the 11
Governor and confirmed by the Senate shall hold the office for a term of ten years or until 12
[he] THAT JUDGE shall have attained the age of seventy years whichever may first occur. 13
If the ten year term of a judge shall expire before that judge shall have attained the age of 14
seventy years, that judge shall be reappointed by the Governor, with the Senate’s consent, 15
for another ten year term or until [he] THAT JUDGE shall have attained the age of seventy 16
years, whichever may first occur. To the extent inconsistent herewith, the provi sions of 17
Sections 3 and 5 of this Article shall not apply to judges of the District Court. 18

41F. 19

The Chief Judge of the District Court shall appoint, to serve at [his] THE CHIEF 20
JUDGE’S pleasure, a Chief Clerk of that Court. [He] THE CHIEF JUDGE OF THE 21
DISTRICT COURT shall also appoint, to serve at [his] THE CHIEF JUDGE’S pleasure, and 22
upon the recommendation of the administrative judge of the district, a chief administrative 23
clerk for each district. The chief clerk shall perform such duties in the admini stration of 24
the District Court as may be assigned [him] TO THE CHIEF CLERK by the chief judge or 25
as may be prescribed by rule or by law. Each chief administrative clerk shall perform such 26
duties in the administration of the District Court as may be assigned [him] TO THE CHIEF 27
ADMINISTRATIVE CLERK by the administrative judge of [his] THE district or as may be 28
prescribed by rule or by law. There shall be in each County a clerk of the District Court 29
whose appointment, term, and compensation shall be prescribed by law. The Chief Judge 30
of the District Court, upon recommendation of the respective administrative judges, shall 31
appoint such deputy clerks, constables, and other officers of the District Court as may be 32
necessary. It shall be the duty of the General Ass embly to prescribe by law a fixed 33
compensation for all such officers. 34

41H. 35

The salary of a judge of the District Court shall not be reduced during [his] THE 36
JUDGE’S continuance in office. 37

41–I. 38

For the purpose of implementing the amendments to Articles IV, XV and XVII of this 39
Constitution, establishing the District Court, the following provisions shall govern. 40
18 HOUSE BILL 1488

(a) The provisions of Section 41D of this Article shall govern initial 1
vacancies in the office of judge of the District Court. Each full –time judge of the People’s 2
Court of Baltimore City, the Municipal Court of Baltimore City, and of the People’s Courts 3
of Anne Arundel, Montgomery, Prince George’s, Wicomico Counties and Baltimore County 4
who is in office on the effective date of these amendments shall continue in office as a judge 5
of the District Court in [his] THAT JUDGE ’S district and county of residence (or in 6
Baltimore City) for the remainder of the term for which [he] THAT JUDGE was elected or 7
appointed, and if [his] THAT JUDGE’S term expires prior to January 1, 1971, such judge 8
shall be re –appointed by the Governor, if the Senate consents, in accordance with the 9
provisions of Section 41D of this Article, subject to the Provisions of the Constitution 10
respecting age, removal and re tirement; provided that the term of any such judge of a 11
People’s Court who would be ineligible for appointment as a judge of the District Court 12
under this Article shall expire on the effective date of these amendments. Thereafter, 13
retention of any judge who is retained in office pursuant to the preceding provisions of this 14
subsection shall be pursuant to Section 41D of this Article. No People’s Court judge, judge 15
of the Housing Court of Baltimore County, or Justice of the Peace shall be appointed or 16
elected or exercise any power or jurisdiction. 17

(b) Each full–time clerk of a justice of the peace designated as trial magistrate of 18
a People’s Court, of the Municipal Court of Baltimore City, and the chief constable of the 19
People’s Court of Baltimore City who is in office on the day before the first Monday in July, 20
1970, shall become a deputy clerk of the District Court on the first Monday in July 1970. 21
The taking effect of the aforegoing amendments shall not of itself affect the tenure, term, 22
status, retirement, or compensation of any person then holding public office, position, or 23
employment in this State, except as provided in the amendments. 24

(c) All statutory references to justices of the peace designated as trial 25
magistrates, to People’s Courts, to the Municipal Court of Baltimore City or to the Housing 26
Court of Baltimore County, shall be deemed to refer to the District Court in the appropriate 27
district, county or Baltimore City, to the extent not inconsistent with this Constitution. 28

(d) No member of the General Assembly at which these amendments were 29
proposed, or at which the number of or salary of any such judges may have been increased 30
or decreased by the General Assembly from time to time, if otherwise qualified, is ineligible 31
for appo intment or election as a judge of the District Court by reason of [his] THAT 32
PERSON’S membership in the General Assembly. 33

44. 34

There shall be elected in each county and in Baltimore City one person, resident in 35
said county or City, above the age of twenty–five years, and for at least five years preceding 36
[his] THAT PERSON’S election a citizen of the State, to the office of Sheriff. [He] THE 37
SHERIFF shall hold office for four years, until [his] A successor is duly elected and 38
qualified, give such bond, exercise such powers and perform such duties as now are or may 39
hereafter be fixed by law. 40
HOUSE BILL 1488 19

In case of vacancy by death, resignation, refusal to serve, or neglect to qualify or give 1
bond, or by disqualification or removal from the County or City, the Governor shall appoint 2
a person to be Sheriff for the remainder of the official term. 3

The Sheriff in each county and in Baltimore City shall receive such salary or 4
compensation and such expenses necessary to the conduct of [his] THE office as may be 5
fixed by law. All fees collected by the Sheriff shall be accounted for and paid to the Treasury 6
of the several counties and of Baltimore City, respectively. 7

Article V – Attorney–General and State’s Attorneys 8

1. 9

There shall be an [Attorney–General] ATTORNEY GENERAL elected by the 10
qualified voters of the State, on general ticket, on the Tuesday next after the first Monday 11
in the month of November, nineteen hundred and fifty–eight, and on the same day, in every 12
fourth year thereafter, who shall hold [his] THE office OF ATTORNEY GENERAL for four 13
years from the time of [his] THE ATTORNEY GENERAL’S election and qualification, and 14
until [his] THE ATTORNEY GENERAL’S successor is elected and qualified, and shall be 15
re–eligible thereto, and shall be subject to removal for incompetency, willful neglect of duty 16
or misdemeanor in office, on conviction in a Court of Law. 17

3. 18

(a) The Attorney General shall: 19

(1) Prosecute and defend on the part of the State all cases pending in the 20
appellate courts of the State, in the Supreme Court of the United States or the inferior 21
Federal Courts, by or against the State, or in which the State may be interested, except 22
those criminal appeals otherwise prescribed by the General Assembly. 23

(2) Investigate, commence, and prosecute or defend any civil or criminal 24
suit or action or category of such suits or actions in any of the Federal Courts or in any 25
Court of this State, or before administrative agencies and quasi legislative bodies, on the 26
part of the State or in which the State may be inte rested, which the General Assembly by 27
law or joint resolution, or the Governor, shall have directed or shall direct to be 28
investigated, commenced and prosecuted or defended. 29

(3) When required by the General Assembly by law or joint resolution, or 30
by the Governor, aid any State’s Attorney or other authorized prosecuting officer in 31
investigating, commencing, and prosecuting any criminal suit or action or category of such 32
suits or actions brought by the State in any Court of this State. 33

20 HOUSE BILL 1488

(4) Give [his] THE ATTORNEY GENERAL’S opinion in writing whenever 1
required by the General Assembly or either branch thereof, the Governor, the Comptroller, 2
the Treasurer or any State’s Attorney on any legal matter or subject. 3

(b) The Attorney General shall have and pe rform any other duties and possess 4
any other powers, and appoint the number of deputies or assistants, as the General 5
Assembly from time to time may prescribe by law. 6

(c) The Attorney General shall receive for [his] THE ATTORNEY GENERAL’S 7
services the an nual salary as the General Assembly from time to time may prescribe by 8
law, but [he] THE ATTORNEY GENERAL may not receive any fees, perquisites or rewards 9
whatever, in addition to [his] THE ATTORNEY GENERAL’S salary, for the performance of 10
any official duty. 11

(d) The Governor may not employ any additional counsel, in any case whatever, 12
unless authorized by the General Assembly. 13

7. 14

There shall be an Attorney for the State in each county and the City of Baltimore, to 15
be styled “The State’s Attorney”, who shall be elected by the voters thereof, respectively, 16
and shall hold [his] THAT office for four years from the first Monday in January next 17
ensuing [his] THAT PERSON’S election, and until [his] A successor shall be elected and 18
qualified; and shall be re –eligible thereto, and be subject to removal therefrom, for 19
incompetency, willful neglect of duty, or misdemeanor in office, on conviction in a Court of 20
Law, or by a vote of two –thirds of the Senate, on the recommendation of the 21
[Attorney–General] ATTORNEY GENERAL. 22

9. 23

The State’s Attorney shall perform such duties and receive such salary as shall be 24
prescribed by the General Assembly. If any State’s Attorney shall receive any other fee or 25
reward than such as is or may be allowed by law, [he] THE STATE’S ATTORNEY shall, on 26
conviction thereof, be removed from office; provided, that the State’s Attorney for Baltimore 27
City shall have the power to appoint a Deputy and such other Assistants as the Supreme 28
Bench of Baltimore City may authorize or ap prove and until otherwise provided by the 29
General Assembly, the said State’s Attorney, Deputy and Assistants shall receive the 30
following annual salaries: State’s Attorney, seven thousand five hundred dollars; Deputy 31
State’s Attorney, five thousand dollars; Assistant State’s Attorneys, four thousand dollars 32
each; said salaries, or such salaries as the General Assembly may subsequently provide 33
and such expenses for conducting the office of the State’s Attorney as the Supreme Bench 34
of Baltimore City may authorize or approve shall be paid by the Mayor and City Council of 35
Baltimore to the extent that the total of them exceeds the fees of [his] THE office, or as the 36
General Assembly shall otherwise provide, and the Mayor and City Council of Baltimore 37
shall not be liable for appearance fees to the State’s Attorney. 38

HOUSE BILL 1488 21

10. 1

No person shall be eligible to the office of State’s Attorney, who has not been 2
admitted to practice Law in this State, and who has not resided, for at least two years, in 3
the county, or city, in which [he] THAT PERSON may be elected. 4

11. 5

In case of a vacancy in the office of State’s Attorney, or of [his] THE STATE’S 6
ATTORNEY’S removal from the county or city in which [he] THE STATE’S ATTORNEY 7
shall have been elected, or on [his] THE STATE’S ATTORNEY’S conviction as herein 8
specified, the Judge or Judges resident in the county or, if there be no resident Judge, the 9
Judge or Judges having jurisdiction in the Circuit Court of the county in which the vacancy 10
occurs, or by the Supreme Bench of Baltimor e City for a vacancy occurring in Baltimore 11
City, shall appoint a person to fill the vacancy for the residue of the term. 12

12. 13

The State’s Attorney in each county, and the City of Baltimore, shall have authority 14
to collect, and give receipt, in the name of the State, for such sums of money as may be 15
collected by [him] THE STATE’S ATTORNEY, and forthwith make return of and pay over 16
the same to the proper accounting officer. And the State’s Attorney of each county, and the 17
City of Baltimore, before [he] THE STATE’S ATTORNEY shall enter on the discharge of 18
[his] THAT PERSON’S duties, and from time to time thereafter, shall give such corporate 19
surety bond as may hereafter be prescribed by Act of the General Assembly. 20

Article VI – Treasury Department 21

1. 22

(a) There shall be a Treasury Department, consisting of a Comptroller chosen by 23
the qualified electors of the State, who shall receive such salary as may be fixed by law; and 24
a Treasurer, to be appointed on joint ballot by the two Houses of the Legislature at each 25
regular session in which begins the term of the Governor, who shall receive such salary as 26
may be fixed by law. 27

(b) The terms of office of the Comptroller and Treasurer shall be for four years, 28
and until their successors shall qualify; and neither of the officers shall be allowed, or 29
receive any fees, commissions or perquisites of any kind in addition to [his salary] THEIR 30
SALARIES for the performance of any duty or services whatsoever. 31

(c) (1) In case of a vacancy in the office of the Comptroller by death or 32
otherwise, the Governor, by and with the advice and consent of the Senate, shall fill such 33
vacancy by appointment as provided in this subsection. 34

22 HOUSE BILL 1488

(2) The Governor shall appoint one of three individuals whose names are 1
submitted to the Governor in writing, within 30 days after the occurrence of the vacancy, 2
by the State Central Committee of the political party, if any, with which the vacating 3
Comptroller had been affiliated at the time of the Comptroller’s last election or 4
appointment. 5

(3) Each individual whose name is submitted to the Governor must have 6
been a registered voter affiliated with the political party of the vacating Comptroller on the 7
date immediately preceding the date on which the vacancy occurred. 8

(4) The Governor shall make the appointment within 15 days after names 9
are submitted by the State Central Committee of the appropriate political party. 10

(5) If names are not submitted by the State Central Committee of the 11
appropriate political party within 30 days after the occurrence of the vacancy, the Governor 12
shall appoint within another period of 15 days any qualified individual who was a 13
registered voter affiliated with the political party of the vacating Comptroller on the date 14
immediately preceding the date on which the vacancy occurred. 15

(6) If the vacating Comptroller was not affiliated with a political party at 16
the time of the Comptroller’s last election or appointment, the Governor shall appoint any 17
qualified individual within 15 days after the occurrence of the vacancy. 18

(7) Except as provided in paragraph (8) of this subsection, an individual 19
appointed under this subsection shall serve until a successor is elected under paragraph (9) 20
of this subsection to fill the remainder of the term. 21

(8) An individual appoi nted under this subsection shall serve for the 22
remainder of the term if the vacancy occurs after the date that is 21 days before the deadline 23
for filing certificates of candidacy for the regular statewide election that is held in the 24
second year of the term. 25

(9) If the vacancy occurs on or before the date that is 21 days before the 26
deadline for filing certificates of candidacy for the regular statewide election that is held in 27
the second year of the term, the Governor shall issue a proclamation immediately after the 28
occurrence of the vacancy declaring that a special primary election and a special general 29
election shall be held at the same time as the regular statewide primary election and 30
regular statewide general election that are held in the second year of the term. 31

(d) In case of a vacancy in the office of the Treasurer by death or otherwise, the 32
Deputy Treasurer shall act as Treasurer until the next regular or extraordinary session of 33
the Legislature following the creation of the vacancy, whereupon the Legislature shall 34
choose a successor to serve for the duration of the unexpired term of office. 35

(e) The Comptroller and the Treasurer shall keep their offices at the seat of 36
government, and shall take such oaths and enter into such bonds for the faithful discharge 37
of their duties as are now or may hereafter be prescribed by law. 38
HOUSE BILL 1488 23

2. 1

The Comptroller shall have the general superintendence of the fiscal affairs of the 2
State; [he] THE COMPTROLLER shall digest and prepare plans for the improvement and 3
management of the revenue, and for the support of the public credit; prepare and report 4
estimates of the revenue and expenditures of the State; superintend and enforce the prompt 5
collection of all taxes and revenue; adjust and settle, on terms prescribed by law, with 6
delinquent collectors and receivers of taxes and State revenue; preserve all public accounts; 7
and decide on the forms of keeping and stating accounts. [He] THE COMPTROLLER, or 8
such of [his] THE COMPTROLLER’S deputies as may be authorized to do so by the 9
Legislature, shall grant, under regulations prescribed by Law, all warrants for money to be 10
paid out of the Treasury, in pursuance of appropriations by law, and countersign all checks 11
drawn by the Treasurer upon any bank or banks in which the money s of the State, may, 12
from time to time, be deposited. [He] THE COMPTROLLER shall prescribe the formalities 13
of the transfer of stock, or other evidence of the State debt, and countersign the same, 14
without which such evidence shall not be valid; [he] THE COMPTROLLER shall make to 15
the General Assembly full reports of all [his] THE COMPTROLLER’S proceedings, and of 16
the state of the Treasury Department within ten days after the commencement of each 17
session; and perform such other duties as shall be prescribed by law. 18

3. 19

The Treasurer shall receive the moneys of the State, and, until otherwise prescribed 20
by law, deposit them, as soon as received, to the credit of the State, in such bank or banks 21
as [he] THE TREASURER may, from time to time, with the approval of the Governor, select 22
(the said bank or banks giving security, satisfactory to the Governor, for the safekeeping 23
and forthcoming, when required of said deposits), and [he] THE TREASURER or such of 24
[his] THE TREASURER’S deputies as may be authorized to do s o by the Legislature shall 25
disburse the same for the purposes of the State according to law, upon warrants drawn by 26
the Comptroller, or [his] THE COMPTROLLER’S duly authorized deputy, and on checks 27
countersigned by the Comptroller, or [his] THE COMPTROLLER’S duly authorized deputy. 28
The Legislature may prescribe, by law, for the Treasurer to disburse the moneys of the 29
State by a system other than by the use of checks. The Treasurer or such of [his] THE 30
TREASURER’S deputies as may be authorized to do so by the Legislature shall take receipts 31
for all moneys paid from the Treasury Department; and receipt for moneys received by 32
[him] THE TREASURER shall be endorsed upon warrants signed, by the Comptroller, or 33
such deputy as may be authorized to do so by law, with out which warrants, so signed, no 34
acknowledgment of money received into the Treasury shall be valid; and upon warrants 35
issued by the Comptroller, or [his] THE COMPTROLLER’S duly authorized deputy, the 36
Treasurer shall make arrangements for the payment of the interest of the public debt, and 37
for the purchase thereof, on account of the sinking fund. Every bond, certificate, or other 38
evidence of the debt of the State shall be signed by the Treasurer, Chief Deputy Treasurer, 39
or a Deputy Treasurer, and countersig ned by the Comptroller, Chief Deputy Comptroller, 40
or a Deputy Comptroller; and no new certificate or other evidence intended to replace 41
another shall be issued until the old one shall be delivered to the Treasurer, and authority 42
24 HOUSE BILL 1488

executed in due form for th e transfer of the same filed in [his] THE TREASURER’S office, 1
and the transfer accordingly made on the books thereof, and the certificate or other 2
evidence cancelled; but the Legislature may make provisions for the loss of certificates, or 3
other evidences of the debt; and may prescribe, by law, the manner in which the Treasurer 4
shall receive and keep the moneys of the State. 5

4. 6

The Treasurer shall render [his] THE TREASURER’S Accounts, quarterly, to the 7
Comptroller; and shall publish, monthly, in such ne wspapers as the Governor may direct, 8
an abstract thereof, showing the amount of cash on hand, and the place, or places of deposit 9
thereof; and on the third day of each regular session of the legislature, he shall submit to 10
the Senate and House of Delegates fair and accurate copies of all Accounts by [him] THE 11
TREASURER, from time to time, rendered and settled with the Comptroller. [He] THE 12
TREASURER shall, at all times, submit to the Comptroller the inspection of the money in 13
[his] THE TREASURER’S hands, and perform all other duties that shall be prescribed by 14
Law. 15

5. 16

The Comptroller shall qualify, and enter on the duties of [his] THE 17
COMPTROLLER’S office, on the third Monday of January next succeeding the time of [his] 18
THE COMPTROLLER’S Election, or as soon thereafter as practicable. And the Treasurer 19
shall qualify within one month after [his] THE TREASURER’S appointment by the 20
Legislature. 21

6. 22

Whenever during the recess of the Legislature charges shall be preferred to the 23
Governor against the Comptroller or Treasurer, for incompetency, malfeasance in office, 24
willful neglect of duty, or misappropriation of the funds of the State, it shall be the duty of 25
the Governor forthwith to notify the party so charged, and fix a day for a hearing of said 26
charges; and if, in the case of the Comptroller, from the evidence taken, under oath, on said 27
hearing before the Governor, the said allegations shall be sustained, it shall be the duty of 28
the Governor to remove the Comptroller and appoint another in [his] THE 29
COMPTROLLER’S place, who shall hold the office for the unexpired term of the Comptroller 30
so removed. However, if, in the case of the Treasurer, from the evidence taken under oath 31
in the hearing before the Governor, the allegations are sustained, it is t he duty of the 32
Governor to remove the Treasurer, and the deputy treasurer shall act as Treasurer until 33
the next regular or extraordinary session of the Legislature following the appointment, 34
whereupon a successor shall be chosen by the Legislature who shall serve for the unexpired 35
term of the Treasurer so removed. 36

Article IX – Militia and Military Affairs 37

2. 38
HOUSE BILL 1488 25

There shall be an Adjutant General, appointed by the Governor, by and with the 1
advice and consent of the Senate. [He] THE ADJUTANT GENERAL shall hold [his] THE 2
office until the appointment and qualification of [his] A successor, or until removed in 3
pursuance of the sentence of a Court Martial. [He] THE ADJUTANT GENERAL shall 4
perform such duties, and receive such compensation, or emoluments, as are now, or may be 5
prescribed by Law. [He] THE ADJUTANT GENERAL shall discharge the duties of [his] 6
THE office at the seat of Government, unless absent, under orders, on duty; and no other 7
officer of the General Staff of the Militia shall receive salary or pay, except when on service, 8
and mustered in with troops. 9

Article XI – City of Baltimore 10

1. 11

The Inhabitants of the City of Baltimore, qualified by Law to vote in said city for 12
members of the House of Delegates, shall on the fourth Wednesday of October, eighteen 13
hundred and sixty –seven, and on the same day in every fourth year thereafter, elect a 14
person to be Mayor of the City of Baltimore, who shall have such qualifications, receive 15
such compensation, discharge such duties, and have such powers as are now, or may 16
hereafter be prescribed by Law; and the term of whose office shall commence on the fi rst 17
Monday of November succeeding [his] THE MAYOR’S election, and shall continue for four 18
years, and until [his] A successor shall have qualified; and [he] THAT PERSON shall be 19
ineligible for the term next succeeding that for which [he] THAT PERSON was elected. 20

4. 21

The regular session of the City Council of Baltimore, (which shall be annual,) shall 22
commence on the third Monday of January of each year, and shall not continue more than 23
ninety days, exclusive of Sundays; but the Mayor may convene the City Co uncil in extra 24
session whenever, and as often as it may appear to [him] THE MAYOR that the public good 25
may require; but no called, or extra session shall last longer than twenty days, exclusive of 26
Sundays. 27

5. 28

No person, elected and qualified as Mayor, or as a member of the City Council, shall, 29
during the term for which [he] THAT PERSON was elected, hold any other office of profit 30
or trust, created, or to be created, by the Mayor and City Council of Baltimore, or by any 31
Law relating to the Corporation of Baltimore, or hold any employment, or position, the 32
compensation of which shall be paid, directly or indirectly, out of the City Treasury; nor 33
shall any such person be interested, directly or indirectly, in any contract, to which the City 34
is a party; nor s hall it be lawful for any person, holding any office, under the City, to be 35
interested, while holding such office, in any contract, to which the City is a party. 36

Article XI–A – Local Legislation 37
26 HOUSE BILL 1488

1. 1

On demand of the Mayor of Baltimore and City Council o f the City of Baltimore, or 2
on petition bearing the signatures of not less than 20% of the registered voters of said City 3
or any County (Provided, however, that in any case 10,000 signatures shall be sufficient to 4
complete a petition), the Board of Election Supervisors of said City or County shall provide 5
at the next general or congressional election, occurring after such demand or the filing of 6
such petition, for the election of a charter board of eleven registered voters of said City or 7
five registered vo ters in any such Counties. Nominations for members for said charter 8
board may be made not less than forty days prior to said election by the Mayor of Baltimore 9
and City Council of the City of Baltimore or the County Commissioners of such County, or 10
not less than twenty days prior to said election by petition bearing the signatures written 11
in their own handwriting (and not by their mark) of not less than 5% of the registered voters 12
of the said City of Baltimore or said County; provided, that in any case Two thousand 13
signatures of registered voters shall be sufficient to complete any such nominating petition, 14
and if not more than eleven registered voters of the City of Baltimore or not more than five 15
registered voters in any such County are so nominated their names shall not be printed on 16
the ballot, but said eleven registered voters in the City of Baltimore or five in such County 17
shall constitute said charter board from and after the date of said election. At said election 18
the ballot shall contain the names of said nominees in alphabetical order without any 19
indication of the source of their nomination, and shall also be so arranged as to permit the 20
voter to vote for or against the creation of said charter board, but the vote cast against said 21
creation shall not be held to bar the voter from expressing [his] THEIR choice among the 22
nominees for said board, and if the majority of the votes cast for and against the creation 23
of said charter board shall be against said creation the election of the members of said 24
charter board shall be void; but if such majority shall be in favor of the creation of said 25
charter board, then and in that event the eleven nominees of the City of Baltimore or five 26
nominees in the County receiving the largest number of votes shall constitute the charter 27
board, and said charter board, or a majority thereof, shall prepare within 18 months from 28
the date of said election a charter or form of government for said city or such county and 29
present the same to the Mayor of Baltimore or President of the Board of County 30
Commissioners of such county, who shall publish the same in at least two newspapers of 31
general circulation published in the City of Baltimore or County within thirty days after it 32
shall be reported to [him] THE MAYOR OF BALTIMORE OR PRESIDENT OF THE BOARD 33
OF COUNTY COMMISSIONERS. Such charter shall be submitted to the voters of said City 34
or County at the next general or Congressional election after the report of said charter to 35
said Mayor of Baltimore or President of the Board of County Com missioners; and if a 36
majority of the votes cast for and against the adoption of said charter shall be in favor of 37
such adoption, the said charter from and after the thirtieth day from the date of such 38
election shall become the law of said City or County, s ubject only to the Constitution and 39
Public General Laws of this State, and any public local laws inconsistent with the 40
provisions of said charter and any former charter of the City of Baltimore or County shall 41
be thereby repealed. 42

7. 43

HOUSE BILL 1488 27

The word “Petition” as used in this Article means one or more sheets written or 1
printed, or partly written and partly printed. There shall be attached to each paper of 2
signatures filed with a petition an affidavit of the person procuring those signatures t hat 3
the signatures were affixed in [his] THAT PERSON’S presence and that, based upon the 4
person’s best knowledge and belief, every signature on the paper is genuine and bona fide 5
and that the signers are registered voters at the address set opposite or below their names. 6
The General Assembly shall prescribe b y law the form of the petition, the manner for 7
verifying its authenticity, and other administrative procedures which facilitate the petition 8
process and which are not in conflict with this Article. The false signing of any name, or the 9
signing of any fictitious name to said petition shall be forgery, and the making of any false 10
affidavit in connection with said petition shall be perjury. 11

Article XV – Miscellaneous 12

1. 13

Every person holding any office created by, or existing under the Constitution, or 14
Laws of the State, or holding any appointment under any Court of this State, whose pay, 15
or compensation is derived from fees, or moneys coming into [his] THE OFFICER’S hands 16
for the discharge of [his] THEIR official duties, or, in any way, growing out of, or connected 17
with [his] THEIR office, shall keep a book in which shall be entered every sum, or sums of 18
money, received by [him] THE OFFICER, or on [his] THE OFFICER’S account, as a payment 19
or compensation for [his] THE OFFICER’S performance of official duties , a copy of which 20
entries in said book, verified by the oath of the officer, by whom it is directed to be kept, 21
shall be returned yearly to the Comptroller of the State for [his] THE COMPTROLLER’S 22
inspection, and that of the General Assembly of the State, to which the Comptroller shall, 23
at each regular session thereof, make a report showing what officers have complied with 24
this section; and each of the said officers, when the amount received by [him] THE OFFICER 25
for the year shall exceed the sum which [he] THE OFFICER is by Law entitled to retain, as 26
[his] THE OFFICER’S salary or compensation for the discharge of [his] THEIR duties, and 27
for the expenses of [his] THEIR office, shall yearly pay over to the Treasurer of the State 28
the amount of such excess, subject to such disposition thereof as the General Assembly may 29
direct; if any of such officers shall fail to comply with the requisitions of this section for the 30
period of thirty days after the expiration of each and every year of [his] THEIR office, such 31
officer shall be deemed to have vacated [his] THEIR office, and the Governor shall declare 32
the same vacant, and the vacancy therein shall be filled as in the case of v acancy for any 33
other cause, and such officer shall be subject to suit by the State for the amount that ought 34
to be paid into the Treasury. 35

5. 36

Except as the Constitution provides otherwise for any office, the General Assembly 37
may provide by law for a per son to act in place of any elected or appointed officer of the 38
State who is unavailable to perform the duties of [his] THEIR office because [he] THE 39
OFFICER has become unable, or is or will be absent. 40

28 HOUSE BILL 1488

Article XVI – The Referendum 1

4. 2

A petition may consist of several papers, but each paper shall contain the full text, 3
or an accurate summary approved by the Attorney General, of the Act or part of Act 4
petitioned. There shall be attached to each paper of signatures filed with a petition an 5
affidavit of the person procuring those signatures that the signatures were affixed in [his] 6
THE PERSON’S presence and that, based upon the person’s best knowledge and belief, 7
every signature on the paper is genuine and bona fide and that the signers are registered 8
voters at the address set opposite or below their names. The General Assembly shall 9
prescribe by law the form of the petition, the manner for verifying its authenticity, and 10
other administrative procedures which facilitate the petition process and which are not i n 11
conflict with this Article. 12

5. 13

(a) The General Assembly shall provide for furnishing the voters of the State the 14
text of all measures to be voted upon by the people; provided, that until otherwise provided 15
by law the same shall be published in the man ner prescribed by Article XIV of the 16
Constitution for the publication of proposed Constitutional Amendments. 17

(b) All laws referred under the provisions of this Article shall be submitted 18
separately on the ballots to the voters of the people, but if conta ining more than two 19
hundred words, the full text shall not be printed on the official ballots, but the Secretary of 20
State shall prepare and submit a ballot title of each such measure in such form as to present 21
the purpose of said measure concisely and inte lligently. The ballot title may be distinct 22
from the legislative title, but in any case the legislative title shall be sufficient. Upon each 23
of the ballots, following the ballot title or text, as the case may be, of each such measure, 24
there shall be printed the words “For the referred law” and “Against the referred law,” as 25
the case may be. The votes cast for and against any such referred law shall be returned to 26
the Governor in the manner prescribed with respect to proposed amendments to the 27
Constitution under Article XIV of this Constitution, and the Governor shall proclaim the 28
result of the election, and, if it shall appear that the majority of the votes cast on any such 29
measure were cast in favor thereof, the Governor shall by [his] proclamation declare the 30
same having received a majority of the votes to have been adopted by the people of 31
Maryland as a part of the laws of the State, to take effect thirty days after such election, 32
and in like manner and with like effect the Governor shall proclaim the resu lt of the local 33
election as to any Public Local Law which shall have been submitted to the voters of any 34
County or of the City of Baltimore. 35

SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 36
determines that the amendment to the Maryland Constitution proposed by Section 1 of this 37
Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 38
Constitution concerning local approval of constitutional amendments do not apply. 39

HOUSE BILL 1488 29

SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 1
Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 2
voters of the State at the next general election to be held in November 2026 for adoption or 3
rejection in accordance with Article XIV of the Maryland Constitution. At that general 4
election, the vote on the proposed amendment to the Constitution shall be by ballot, and on 5
each ballot there shall be printed the words “For the Constitutional Amendment” and 6
“Against the Constitutional Amendment”, as now provided by law. Immediately after the 7
election, all returns shall be made to the Governor of the vote for and against the proposed 8
amendment, as directed by Article XIV of the Maryland Constitution, and furth er 9
proceedings held in accordance with Article XIV. 10