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THE CONSTITUTION.

Qualifications of

voters.

Vote by ballot.

ARTICLE I.

ELECTIVE FRANCHISE.

SECTION 1. Every free white male person, of twenty-one years of age or upwards, who shall have been one year next preceding the election a resident of the State, and for six months a resident of the city of Baltimore, or of any county in which he may offer to vote, and being at the time of the election a citizen of the United States, shall be entitled to vote in the ward or election district in which he resides, in all elections hereafter to be held; and at all such elections the vote shall be taken by ballot. And in case any county or city shall be so divided as to form portions of different électoral districts for the election of Congressmen, Senator, delegate, or other officer or officers, then to entitle a person to vote for such officer, he must have been a resident of that Division of coun- part of the county or city which shall form a part of the electoral district in which he offers to vote, for six months next preceding the election; but a person who shall have acquired a residence in such county or city entitling him to vote at any such election, shall be entitled to vote in the election district from which he Change of Resi- removed, until he shall have acquired a resi

ties, &c.

dence.

CONSTITUTION OF MARYLAND.

19

dence in the part of the county or city to which he has removed.

SEC. 2. That if any person shall give, or Bribery. offer to give, directly or indirectly, any bribe, present or reward, or any promise, or any security for the payment or delivery of money or any other thing, to induce any voter to refrain from casting his vote, or forcibly to prevent him in any way from voting, or to obtain or procure a vote for any candidate or person proposed or voted for, as elector of President and Vice-President of the United States, or representative in Congress, or for any of fice of profit or trust created by the Constitution or laws of this State, or by the ordinances or authority of the Mayor and City Council of Baltimore, the person giving or offering to give, and the person receiving the same, and any person who gives or causes to be given an illegal vote, knowing it to be so, at any election to be hereafter held in this State, shall, on conviction in a court of law, in addition to the penalties now or hereafter Penalties. to be imposed by law, be forever disqualified to hold any office of profit or trust, or to vote at any election thereafter.

gal voting.

SEC. 3. It shall be the duty of the General Laws against ille Assembly of Maryland to pass laws to punish with fine and imprisonment any person who 1853, ch. 133. shall remove into any election district or ward of the city of Baltimore, not for the purpose of acquiring a bona fide residence therein, but for the purpose of voting therein at an approaching election, or who shall vote in any election district or ward in which he does not

Oath of Office.

1852, ch. 172. 1854, ch. 18.

4 Md. 189.

reside, (except in the case provided for in the
first article of the Constitution,) or shall, at
the same election, vote in more than one elec-
tion district or ward, or shall vote or offer to
vote, in any name not his own, or in place of
any other person of the same name, or shall
vote in any county in which he does not reside.
SEC. 4. Every person elected or appointed
to any office of profit or trust under the Con-
stitution or laws made pursuant thereto, before
he shall enter upon the duties of such office
shall take and subscribe the following oath or
affirmation: I, A. B., do swear (or affirm, as
the case may be,) that I will support the Con-
stitution of the United States, and that I will be
faithful and bear true allegiance to the State
of Maryland, and support the Constitution and
laws thereof; and that I will, to the best of my
skill and judgment, diligently and faithfully,
without partiality or prejudice, execute the of
fice of
according to the Constitution
and laws of this State, and that since the adop-
tion of the present Constitution, I have not, in
any manner, violated the provisions thereof in
relation to bribery of voters or preventing legal
or procuring illegal votes to be given; (and if
a Governor, Senator, member of the House of
Delegates, or Judge,) "that I will not directly
or indirectly receive the profits or any part of
the profits of any other office during the time
of my acting as -
" And if any person
elected or appointed to office as aforesaid, shall
refuse or neglect to take the said oath or affir-
mation, he shall be considered as having refus-
ed to accept the said office, and a new election

or appointment shall be made as in case of refusal or resignation, and any person swearing or affirming falsely in the premises, shall, on conviction thereof in a court of law, incur the penalties for wilful and corrupt perjury, and be thereafter incapable of voting at any election, and also incapable of holding any office of profit or trust in this State.

fied to vote.

SEC. 5. That no person above the age of Persons disqualitwenty-one years, convicted of larceny or other infamous crime, unless he shall be pardoned by the Executive, shall ever thereafter be entitled to vote at any election in this State, and no person under guardianship as a lunatic, or as a person non compos mentis, shall be entitled to vote.

ARTICLE II.

EXECUTIVE DEPARTMENT.

his term of Of

SECTION 1. The Executive power of the The Governor; State shall be vested in a Governor, whose fice. term of office shall commence on the second Wednesday of January next ensuing his election, and continue for four years, and until his successor shall have qualified. SEC. 2. The first election for Governor un- Time, place, and der this Constitution shall be held on the first Wednesday in November, in the year eighteen hundred and fifty-three, and on the same day and month in every fourth year thereafter, at the places of voting for delegates to the General Assembly, and every person qualified to vote for delegates shall be qualified and entitled

manner of elect

ing Governor.

1853, ch. 134.

Plurality of votes to elect.

In case of a tie General Assembly to choose.

gates to deter

eligibility, &c.

gibility General Assembly to choose.

to vote for Governor; the election to be held in the same manner as the election of delegates, and the returns thereof, under seal, to be addressed to the Speaker of the House of Delegates, and enclosed and transmitted to the Secretary of State, and delivered to the said Speaker at the commencement of the session of the Legislature next ensuing said election. SEC. 3. The Speaker of the House of Delegates shall then open the said returns, in the presence of both Houses, and the person having the highest number of votes, and being constitutionally eligible, shall be the Governor, and shall qualify in the manner herein prescribed, on the second Wednesday of January next ensuing his election, or as soon thereafter as may be practicable.

SEC. 4. If two or more persons shall have the highest and an equal number of votes, one of them shall be chosen Governor by the Senate and House of Delegates; and all questions House of Dele- in relation to the eligibility, of Governor, and mine questions of to the returns of said election, and to the number and legality of votes therein given, shall be In case of ineli- determined by the House of Delegates. And if the person, or persons, having the highest Vote jointly viva number of votes be ineligible, the Governor shall be chosen by the Senate and House of Delegates. Every election of Governor, by the Legislature, shall be determined by a joint majority of the Senate and House of Delegates, and the vote shall be taken viva voce. Mode of Voting But if two or more persons shall have the highest and an equal number of votes, then a second vote shall be taken, which shall be con

voce.

in case of a tie.

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