State constitution
Constitution of Maryland
Data from Maryland State Archives
Full structure: Declaration of Rights (Arts. 1-48) plus Constitution Articles I-XX (incl. XI-A through XI-I). Maryland sections have no printed catchlines, so headings here are editorial summaries; repealed sections are marked Vacant. Long Articles III and IV are condensed section-by-section. Read the verbatim text at the source link.
Article D.R. Declaration of Rights
§ 1 Government originates with the people
All government of right originates from the people, is founded in compact, and instituted for the good of the whole; the people have the inalienable right to alter, reform, or abolish it.
§ 2 U.S. Constitution supreme law
The U.S. Constitution, laws, and treaties are the supreme law of the State, binding its judges and people.
§ 3 Reserved powers
Powers not delegated to the United States nor prohibited to the States are reserved to the States or the people.
§ 4 Right of internal self-government
The people of Maryland have the sole and exclusive right of regulating their internal government and police as a free, sovereign, and independent State.
§ 5 Common law, trial by jury, English statutes
The inhabitants are entitled to the common law of England, trial by jury, and applicable English statutes and Acts of Assembly, subject to legislative revision; jury rights in civil cases may be limited by amount and jury size.
§ 6 Officers are trustees; right to reform government
All persons holding legislative or executive power are trustees of the public and accountable; when government is perverted and liberty endangered, the people may reform or establish a new government.
§ 7 Free and frequent elections; suffrage
The people's right to participate in the Legislature is the best security of liberty; elections ought to be free and frequent and every qualified citizen ought to have the right of suffrage.
§ 8 Separation of powers
The legislative, executive, and judicial powers ought to be forever separate and distinct, and no person exercising the functions of one department may discharge the duties of another.
§ 9 Suspension of laws
No power of suspending laws or their execution ought to be exercised except by or derived from the Legislature.
§ 10 Freedom of legislative debate
Freedom of speech and debate or proceedings in the Legislature ought not to be impeached in any court.
§ 11 Seat of the Legislature
Annapolis is the place of meeting of the Legislature, which ought not to convene elsewhere except from evident necessity.
§ 12 Frequent legislative sessions
The Legislature ought to be frequently convened for the redress of grievances and the amending and preserving of the laws.
§ 13 Right of petition
Every person has a right to petition the Legislature for the redress of grievances in a peaceable and orderly manner.
§ 14 No taxation without consent
No aid, charge, tax, burden, or fee ought to be levied without the consent of the Legislature.
§ 15 Uniform taxation; classification of property
Poll taxes are prohibited and paupers not assessed; the General Assembly provides for uniform assessment and classification of land, improvements, and personal property.
§ 16 Sanguinary and cruel laws avoided
Sanguinary laws ought to be avoided, and no law inflicting cruel and unusual pains and penalties ought to be made.
§ 17 No ex post facto laws
Retrospective laws punishing acts committed before their existence are oppressive and unjust; no ex post facto law ought to be made.
§ 18 No bills of attainder
No law to attaint particular persons of treason or felony ought to be made.
§ 19 Remedy by course of law
Every person, for an injury to person or property, ought to have a remedy by the course of the law of the land, and justice freely, fully, and speedily.
§ 20 Trial of facts where they arise
The trial of facts where they arise is one of the greatest securities of the lives, liberties, and estates of the people.
§ 21 Rights of the accused
In all criminal prosecutions every person has a right to be informed of the accusation, to have counsel, to confront and compel witnesses, and to a speedy trial by an impartial unanimous jury.
§ 22 No self-incrimination
No person ought to be compelled to give evidence against himself in a criminal case.
§ 23 Jury judges of law and fact; civil jury right
In criminal cases the jury is the judge of law and fact (subject to the court on sufficiency of evidence); the civil jury right is preserved where the amount in controversy exceeds $15,000.
§ 24 Due process (law of the land)
No person ought to be deprived of life, liberty, or property but by the judgment of his peers or by the law of the land.
§ 25 No excessive bail or cruel punishment
Excessive bail ought not to be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted.
§ 26 Warrants
General warrants, and warrants without oath or affirmation or without naming the place or person, are grievous, oppressive, illegal, and ought not to be granted.
§ 27 No corruption of blood or forfeiture
No conviction shall work corruption of blood or forfeiture of estate.
§ 28 Militia the natural defense
A well regulated militia is the proper and natural defense of a free government.
§ 29 Standing armies dangerous
Standing armies are dangerous to liberty and ought not to be raised or kept up without the consent of the Legislature.
§ 30 Military subordinate to civil power
The military ought at all times to be under strict subordination to and control of the civil power.
§ 31 Quartering of soldiers
No soldier shall in peacetime be quartered in any house without the owner's consent, nor in war except as prescribed by law.
§ 32 Martial law limited
No person except regular soldiers, marines, and mariners in service, or militia in actual service, ought to be subject to martial law.
§ 33 Independence of judges
The independence and uprightness of judges are essential; judges are removable only as the Constitution provides and may hold no other office (with limited exceptions).
§ 34 Rotation in the executive
Long continuance in the executive departments is dangerous to liberty; rotation is one of the best securities of permanent freedom.
§ 35 No dual offices of profit; foreign gifts
No person shall hold more than one office of profit, nor receive any present from a foreign power or the United States without the State's approbation (with stated exceptions).
§ 36 Religious liberty
All persons are equally entitled to protection in their religious liberty and may not be molested for their religious profession or compelled to support any ministry, unless they disturb public order; nothing establishes religion.
§ 37 Religious test limited
No religious test ought ever to be required for office other than a declaration of belief in the existence of God.
§ 38 Vacant
Repealed (formerly relating to religious oaths).
§ 39 Manner of administering oaths
Oaths and affirmations ought to be administered in the manner most binding on the conscience of the person's religious persuasion.
§ 40 Liberty of the press and speech
The liberty of the press ought to be inviolably preserved, and every citizen may speak, write, and publish sentiments on all subjects, being responsible for the abuse of that privilege.
§ 41 Monopolies odious
Monopolies are odious, contrary to the spirit of a free government, and ought not to be suffered.
§ 42 No titles of nobility
No title of nobility or hereditary honors ought to be granted in this State.
§ 43 Encouragement of knowledge and education
The Legislature ought to encourage the diffusion of knowledge, general education, and improvement of the people, and may allow farm land to be assessed on the basis of its use.
§ 44 Constitution applies in war and peace
The provisions of the U.S. and State Constitutions apply in war as in peace, and any departure under the plea of necessity is subversive of good government.
§ 45 Rights not enumerated retained
This enumeration of rights shall not be construed to impair or deny others retained by the people.
§ 46 Equal rights regardless of sex
Equality of rights under the law shall not be abridged or denied because of sex.
§ 47 Rights of crime victims
A victim of crime shall be treated with dignity, respect, and sensitivity and, in indictable cases, has the right to be informed of, to attend, and to be heard at criminal justice proceedings as provided by law.
§ 48 Right to reproductive freedom
Every person has the fundamental right to reproductive freedom, including to prevent, continue, or end a pregnancy; the State may not deny, burden, or abridge it absent a compelling interest by the least restrictive means.
Article I Elective Franchise
§ 1 Right to vote; ballot
All elections are by ballot; every U.S. citizen 18 or older who is a State resident at the close of registration is entitled to vote in the district where he resides.
§ 1A Vacant
Renumbered (absentee voting moved to section 3).
§ 2 Uniform voter registration
The General Assembly provides for a uniform registration of voters, and no person votes unless registered.
§ 2A Same-day registration
The General Assembly may allow a qualified individual to register and vote at a precinct polling place on Election Day.
§ 3 Absentee and early voting
The General Assembly may provide for absentee voting and for early voting on limited days before an election.
§ 4 Disqualification from voting
The General Assembly may regulate or prohibit the vote of persons convicted of infamous or serious crime or under guardianship for mental disability.
§ 5 Penalties for illegal voting
The General Assembly shall punish illegal residence changes for voting, voting outside one's district, double voting, or voting in a false name.
§ 6 Bribery of voters
Any person giving or receiving a bribe to influence a vote is, on conviction, forever disqualified from office and voting; penalties may be shifted to the vote buyer.
§ 7 Purity of elections
The General Assembly shall pass laws necessary for the preservation of the purity of elections.
§ 8 Contested elections
The General Assembly shall provide for all cases of contested elections not otherwise provided for.
§ 9 Oath of office
Every officer, before entering office, takes and subscribes an oath to support the U.S. and State Constitutions and faithfully execute the office.
§ 10 Qualifying for office; gender construction
Officers may qualify before designated officials, and words denoting the masculine gender in offices include the feminine.
§ 11 Refusal to take oath
A person elected or appointed who refuses or neglects to take the oath is treated as having refused the office, and violating the oath disqualifies from future office.
§ 12 Registered-voter requirement for office
A person is ineligible for elective office if not a registered voter in the State at election or appointment, or if he ceases to be one during the term.
Article II Executive Department
§ 1 Governor; term
The executive power is vested in a Governor, whose four-year term commences the third Wednesday of January after election.
§ 1A Lieutenant Governor
There is a Lieutenant Governor, who has only the duties delegated by the Governor and compensation set by law.
§ 1B Joint candidacy
Each candidate for Governor designates a candidate for Lieutenant Governor, and they are elected jointly.
§ 2 Election
The Governor and Lieutenant Governor are elected on the Tuesday after the first Monday of November every four years.
§ 3 Canvass of returns
The Speaker of the House opens the returns before both Houses, and the persons with the highest number of votes are declared elected.
§ 4 Tie votes
If two or more sets of candidates have the highest and equal votes, the Legislature chooses between them.
§ 5 Qualifications
A candidate for Governor or Lieutenant Governor must be at least 30 and a State resident and registered voter for five years before election.
§ 6 Succession and vacancies
The Lieutenant Governor becomes or acts as Governor on the Governor's disqualification, resignation, death, or disability, with further succession as provided.
§ 7 Impeachment
The Legislature may provide by law for the impeachment of the Governor and Lieutenant Governor.
§ 7A Vacant
Repealed.
§ 8 Commander-in-chief
The Governor is commander-in-chief of the State's land and naval forces and may call out the militia to repel invasion, suppress insurrection, and enforce the laws.
§ 9 Faithful execution of laws
The Governor shall take care that the laws are faithfully executed.
§ 10 Appointment power
The Governor nominates and, with the Senate's advice and consent, appoints civil and military officers not otherwise provided for.
§ 10A Restriction on lame-duck appointments
A Governor may not appoint persons to certain Executive Branch offices during specified periods after an election in which he is not re-elected.
§ 11 Recess appointments
During the Senate's recess the Governor may fill a vacancy by appointment, the commission expiring at the end of the next session unless confirmed.
§ 12 Rejected nominees
A person rejected by the Senate shall not be re-nominated for the same office at the same session except at the Senate's request.
§ 13 Time for nominations
Civil officers subject to confirmation shall be nominated within 40 days of each regular session.
§ 14 Vacancies during session
A vacancy occurring during the Senate's session is filled by nomination to the Senate.
§ 15 Discipline of military officers
The Governor may suspend, arrest, or remove a military officer of the State for disobedience of orders or other military offense.
§ 16 Convening the Legislature
The Governor may convene the Legislature, or the Senate alone, on extraordinary occasions and may change the seat of government when necessary.
§ 17 Veto power
Every bill is presented to the Governor, who may sign or veto it; the General Assembly may override a veto by a three-fifths vote of each House, with a line-item veto over appropriations.
§ 18 Examination of Treasurer and Comptroller
The Governor shall semi-annually examine the Treasurer and Comptroller under oath on the State's fiscal matters.
§ 19 Messages to the Legislature
The Governor informs the Legislature of the condition of the State and recommends measures for its consideration.
§ 20 Pardons and reprieves
The Governor may grant reprieves and pardons (except in impeachment cases) and remit fines and forfeitures, subject to law.
§ 21 Residence and salary
The Governor resides at the seat of government and receives a salary as provided.
§ 21A Governor's Salary Commission
The salaries of the Governor and Lieutenant Governor are set through a Governor's Salary Commission.
§ 22 Secretary of State
A Secretary of State is appointed by the Governor with the Senate's consent and serves at the Governor's pleasure.
§ 23 Records of the Secretary of State
The Secretary of State keeps and preserves a record of all official acts and proceedings.
§ 24 Reorganization of the Executive Branch
The Governor may make changes in the organization of the Executive Branch, including establishing or abolishing departments, subject to legislative disapproval.
Article III Legislative Department
§ 1 Two branches
The Legislature consists of a Senate and a House of Delegates, styled the General Assembly of Maryland.
§ 2 Membership
The Senate has 47 Senators and the House 141 Delegates.
§ 3 Legislative districts
The State is divided into legislative districts of substantially equal population for electing Senators and Delegates.
§ 4 District requirements
Each district shall be of adjoining territory, compact, and of substantially equal population, with due regard to natural and political boundaries.
§ 5 Redistricting plan
After each census the Governor prepares a redistricting plan, which becomes law unless the General Assembly adopts its own, subject to court review.
§ 6 Term of members
Members are elected for four-year terms by the voters of their districts.
§ 7 Time of election
Senators and Delegates are elected on the Tuesday after the first Monday of November every four years.
§ 8 Vacant
Repealed.
§ 9 Qualifications of members
A member must be a State citizen, resident for the required period, and a resident of the district he represents.
§ 10 Federal officeholders ineligible
No member of Congress or federal officeholder is eligible as a Senator or Delegate.
§ 11 State officeholders ineligible
No person holding a civil office of profit or trust under the State is eligible as a member (with a nonelected law-enforcement exception).
§ 12 Public money holders ineligible
No collector or holder of public money is eligible until he has accounted for and paid over the funds.
§ 13 Vacancies
Vacancies are filled by appointment on nomination of the relevant political central committee as provided.
§ 14 Annual sessions
The General Assembly meets on the second Wednesday of January each year and at no other time unless convened by the Governor.
§ 15 Length of session; compensation
Regular sessions are limited to 90 days (extendable), and members' compensation and allowances are set as provided.
§ 16 Unrelated printed matter
No printed matter not appertaining to the session's business may be purchased for members' use.
§ 17 Members ineligible for created offices
No member may, during his term, be eligible for a civil office created or whose emoluments were increased during that term.
§ 18 Freedom of debate
No member is liable in any civil action or criminal prosecution for words spoken in debate.
§ 19 Judge of elections; officers
Each House judges the qualifications and elections of its members and appoints its own officers.
§ 20 Quorum
A majority of the members elected to each House is a quorum, but a smaller number may adjourn and compel attendance.
§ 21 Open doors
The doors of each House are open except when the business ought to be kept secret.
§ 22 Journal; yeas and nays
Each House keeps and publishes a journal, and the yeas and nays are entered at the call of any five members.
§ 23 Punishment for contempt
Each House may punish by imprisonment any non-member for disrespectful or disorderly behavior in its presence.
§ 24 House as grand inquest
The House may inquire into grievances and offenses as the grand inquest of the State.
§ 25 Adjournment
Neither House may adjourn for more than three days or to another place without the other's consent.
§ 26 Impeachment
The House has the sole power of impeachment, requiring a majority of all members, and impeachments are tried by the Senate.
§ 27 Origination and passage of bills
Any bill may originate in either House and be amended by the other, subject to limits on late-session origination.
§ 28 Passage by majority
No bill becomes law unless passed in each House by a majority of the whole number of members elected.
§ 29 Style and form of laws
Laws are enacted by original bill in the prescribed style, each embracing one subject described in its title.
§ 30 Presentment to the Governor
Every passed bill, sealed with the Great Seal, is presented by the presiding officer to the Governor.
§ 31 Effective date of laws
A law takes effect the first day of June after the session unless otherwise expressly declared.
§ 32 Appropriations required
No money is drawn from the Treasury except by an appropriation made by law distinctly stating the sum and object.
§ 33 Prohibited local and special laws
The General Assembly shall not pass local or special laws in enumerated cases where a general law can apply.
§ 34 State debt
No debt may be contracted unless authorized by a law providing for an annual tax to pay it within 15 years.
§ 35 No extra compensation
No extra compensation may be granted to a public officer, agent, servant, or contractor after service is rendered.
§ 35A Taxation of officers' salaries
Nothing exempts the salary of any judge or public officer from a non-discriminatory income tax.
§ 36 Lotteries
No lottery grant shall be authorized unless operated by and for the benefit of the State.
§ 37 Vacant
Repealed.
§ 38 No imprisonment for debt
No person shall be imprisoned for debt, except for enforceable support decrees or judgments as provided.
§ 39 Inspection of bank records
The books, papers, and accounts of all banks are open to inspection under regulations prescribed by law.
§ 40 Eminent domain; just compensation
No law may authorize private property to be taken for public use without just compensation agreed upon or awarded by a jury.
§ 40A Quick-take (Baltimore City / State Roads)
Authorizes accelerated condemnation with payment or deposit for specified public purposes.
§ 40B Quick-take (Baltimore City slum clearance)
Authorizes accelerated condemnation for slum-clearance and redevelopment as specified.
§ 40C Quick-take (State Roads Commission)
Authorizes accelerated condemnation by the State Roads Commission on payment or deposit of the award.
§ 40D Vacant
Repealed.
§ 41 Vacant
Repealed.
§ 42 Vacant
Repealed.
§ 43 Protection of wife's property
The property of the wife shall be protected from the debts of her husband.
§ 44 Exemption of debtor's property
Laws shall protect from execution a reasonable amount of a debtor's property.
§ 45 Uniform clerk and register fees
The General Assembly shall provide a simple and uniform system of charges in the offices of Clerks of Courts and Registers of Wills.
§ 46 Federal grants
The General Assembly may receive from the United States any grant or donation of land, money, or securities for a designated purpose.
§ 47 Vacant
Repealed.
§ 48 Corporations by general law
Corporations may be formed under general laws but not by special act except for municipal purposes or where no general law exists.
§ 49 Regulation of elections
The General Assembly may regulate by law all matters relating to judges of election, time, place, and manner of holding elections.
§ 50 Punishment of bribery and corruption
The General Assembly shall provide for punishing bribery and corrupt practices in elections and office.
§ 51 Taxation of personal property
The personal property of residents is subject to taxation in the county or city where the resident bona fide resides for most of the year.
§ 52 Budget system
The State operates on an executive budget: the Governor submits a balanced budget, and appropriations are made only in accordance with the budget provisions.
§ 53 Transportation Trust Fund
There is a Transportation Trust Fund whose funds may generally be used only for transportation purposes.
§ 54 County aid to internal improvements
No county may contract debt for or lend its credit to a railroad, canal, or internal-improvement work without voter approval.
§ 55 Habeas corpus
The General Assembly shall pass no law suspending the privilege of the writ of habeas corpus.
§ 56 Necessary and proper laws
The General Assembly may pass all laws necessary and proper to carry the Constitution's powers into execution.
§ 57 Legal rate of interest
The legal rate of interest is six percent per annum unless otherwise provided by the General Assembly.
§ 58 Taxation of foreign corporations
The Legislature shall provide for taxing the revenues of foreign corporations doing business in the State.
§ 59 No general pension system
The Legislature shall pass no law creating a State Pension Commissioner or establishing a general pension system.
§ 60 Suspended sentences, probation, parole
The General Assembly may provide for suspension of sentence, probation, and parole in criminal cases.
§ 61 Urban renewal
The General Assembly may authorize counties and municipalities to carry out urban renewal projects, including acquisition and disposition of blighted property.
Article IV Judiciary Department
§ 1 Judicial power vested
The judicial power is vested in a Supreme Court of Maryland, intermediate appellate courts, Circuit Courts, Orphans' Courts, and a District Court.
§ 1A Continuation of existing courts
Courts existing at adoption continue with like powers and jurisdiction until superseded.
§ 2 Qualifications of judges
Judges must be citizens, qualified voters, State residents for the required period, and admitted to practice law.
§ 3 Election and term of judges
Judges other than the Supreme Court and District Court are elected and hold office for 15 years, subject to retirement age.
§ 3A Assignment of retired judges
A former judge may be assigned by the Chief Justice to sit temporarily in any court.
§ 4 Removal of judges
A judge may be removed by the Governor on conviction of incompetency, willful neglect, or misbehavior, or on the address of the General Assembly.
§ 4A Commission on Judicial Disabilities
There is a Commission on Judicial Disabilities of eleven members appointed by the Governor with Senate consent.
§ 4B Powers of the Commission
The Commission may investigate complaints against judges and recommend reprimand, censure, removal, or retirement.
§ 5 Filling judicial vacancies
The Governor fills judicial vacancies by appointment, with the appointee standing for election as provided.
§ 5A Appellate vacancies
Vacancies on an appellate court are filled by gubernatorial appointment, subject to a retention election.
§ 6 Judges as conservators of the peace
All judges are conservators of the peace throughout the State and may take no fee or reward beyond their salary.
§ 7 Disqualification for interest
No judge shall sit in a case in which he is interested or connected to a party by affinity or consanguinity within prohibited degrees.
§ 8 Trial without jury; removal of causes
Parties may submit a cause to the court without a jury, and provision is made for removal of cases for a fair trial.
§ 9 Court officers
Courts may appoint necessary officers, whose compensation the General Assembly may provide.
§ 10 Clerks of court
The Clerks of the Courts have charge of records and perform the duties prescribed by law.
§ 11 Election of clerks and registers
Clerks, Registers of Wills, and other officers are elected at the times prescribed, except State's Attorneys.
§ 12 Contested elections of court officers
Contested elections for judges, clerks, and registers are determined by the House of Delegates on returns sent by the Governor.
§ 13 Form of commissions and writs
Public commissions and grants run in the name of the State, signed by the Governor with the Great Seal, and writs run in the State's name.
§ 13A Vacant
Repealed.
§ 14 Supreme Court of Maryland
The Supreme Court of Maryland is composed of seven justices, one from each appellate judicial circuit.
§ 14A Intermediate appellate courts
The General Assembly may create intermediate courts of appeal and prescribe their jurisdiction.
§ 14B Eligibility of legislators
No member of the General Assembly proposing section 14A is ineligible for appointment as an appellate judge.
§ 15 Recusal on appeal
A justice who heard a cause below does not sit on its appeal.
§ 16 Publication of reports
Provision is made by law for publishing reports of appellate causes.
§ 17 Clerk of the Supreme Court
There is a Clerk of the Supreme Court of Maryland appointed by and serving at the pleasure of the Court.
§ 18 Rule-making power
The Supreme Court adopts rules governing practice, procedure, and administration of the courts, which have the force of law.
§ 18A Vacant
Repealed.
§ 18B Transition for appellate judges
Transitional provisions governing selection and tenure of appellate judges.
§ 19 Judicial circuits
The State is divided into eight judicial circuits as described.
§ 20 Circuit Courts
There is a Circuit Court for each county and Baltimore City with full common-law and equity jurisdiction.
§ 21 Number of circuit judges
The General Assembly determines the number of circuit court judges in each county and circuit.
§ 21A Reconciliation of amendments
Provision reconciling competing 1976 amendments to sections 3 and 21.
§ 22 In banc review
A decision of a single circuit judge may be reviewed in banc by a panel of circuit judges.
§ 23 Time for decisions
Circuit judges shall render decisions within two months after argument or submission.
§ 24 Salary not diminished
The salary of a circuit judge shall not be diminished during his continuance in office.
§ 25 Clerks of Circuit Courts
There is an elected Clerk of the Circuit Court for each county and Baltimore City.
§ 26 Deputy clerks
Deputy clerks and employees are appointed and removed according to procedures set by law.
§ 27 Vacant
Repealed (sections 27-39 relate to former courts and are vacant).
§ 28 Vacant
Repealed.
§ 29 Vacant
Repealed.
§ 30 Vacant
Repealed.
§ 31 Vacant
Repealed.
§ 32 Vacant
Repealed.
§ 33 Vacant
Repealed.
§ 34 Vacant
Repealed.
§ 35 Vacant
Repealed.
§ 36 Vacant
Repealed.
§ 37 Vacant
Repealed.
§ 38 Vacant
Repealed.
§ 39 Vacant
Repealed.
§ 40 Orphans' Courts
Voters of the several counties (with stated exceptions) elect three judges of the Orphans' Court.
§ 41 Registers of Wills
There is an elected Register of Wills in each county and Baltimore City.
§ 41A District Court jurisdiction
The District Court has the original jurisdiction prescribed by law, uniform throughout the State.
§ 41B District Court composition
The District Court consists of the number of judges prescribed by law, with the State divided into districts.
§ 41C District Court judges
Each District Court judge serves full time, meets the qualifications, and resides in his district.
§ 41D Appointment of District Court judges
The Governor, with Senate consent, appoints District Court judges, who then stand for retention.
§ 41E Chief Judge of the District Court
The Chief Justice designates a District Court judge as its Chief Judge, serving at his pleasure.
§ 41F Clerks and administration
The Chief Judge of the District Court appoints a Chief Clerk and other clerks.
§ 41G District Court commissioners
There are District Court commissioners in the number and with the qualifications prescribed by law.
§ 41H Salary not reduced
The salary of a District Court judge shall not be reduced during his continuance in office.
§ 42 Vacant
Repealed.
§ 43 Vacant
Repealed.
§ 44 Sheriffs
One sheriff is elected in each county and Baltimore City, meeting age and residence requirements.
§ 45 Notaries public
Notaries public may be appointed for each county and Baltimore City with the powers fixed by law.
Article V Attorney General and State's Attorneys
§ 1 Election of Attorney General
An Attorney General is elected by the qualified voters of the State on general ticket for a four-year term.
§ 2 Returns of election
Elections for Attorney General are certified and returns made by the clerks of the courts.
§ 3 Duties
The Attorney General prosecutes and defends the State's cases in the appellate courts and gives legal advice as provided by law.
§ 4 Qualifications
The Attorney General must be a citizen, qualified voter, and have practiced law in the State for the required period.
§ 5 Vacancy
A vacancy in the office of Attorney General is filled by the Governor as provided.
§ 6 Notice of cases
Court clerks shall notify the Attorney General when a case is brought in which the State is interested.
§ 7 State's Attorneys
A State's Attorney is elected in each county and Baltimore City for a four-year term.
§ 8 Returns
Elections for State's Attorney are certified and returns made to the judges having criminal jurisdiction.
§ 9 Duties and salary
The State's Attorney performs duties and receives salary as prescribed by the General Assembly.
§ 10 Qualifications
A State's Attorney must be admitted to practice law and have resided in the county or city for at least two years.
§ 11 Vacancy
A vacancy in the office of State's Attorney is filled as provided.
§ 12 Collection authority
The State's Attorney may collect and receipt for money due the State as provided.
Article VI Treasury Department
§ 1 Comptroller and Treasurer
The Treasury Department consists of an elected Comptroller and a Treasurer appointed by the General Assembly.
§ 2 Comptroller's duties
The Comptroller has general superintendence of the fiscal affairs of the State and prepares plans for managing the revenue.
§ 3 Treasurer's duties
The Treasurer receives and deposits the State's money and disburses it on proper authority.
§ 4 Accounts and reports
The Treasurer renders quarterly accounts to the Comptroller and publishes monthly abstracts.
§ 5 Qualification and term
The Comptroller qualifies and enters office in January after election and serves the prescribed term.
§ 6 Charges during recess
Charges of incompetency or malfeasance against the Comptroller or Treasurer during recess may be preferred to the Governor.
Article VII Sundry Officers (County Commissioners)
§ 1 County Commissioners
The County Commissioners of each non-charter county may be elected by district or at large as provided by law.
§ 2 Number, powers, and duties
The number, compensation, powers, and duties of County Commissioners are as prescribed by law.
§ 3 Vacant
Repealed.
§ 4 Vacant
Repealed.
§ 5 Vacant
Repealed.
§ 6 Vacant
Repealed.
Article VIII Education
§ 1 System of free public schools
The General Assembly shall establish throughout the State a thorough and efficient system of free public schools.
§ 2 Continuation of existing schools
The existing public school system continues until changed by the General Assembly.
§ 3 School Fund inviolate
The School Fund of the State shall be kept inviolate and appropriated only to the purposes of education.
Article IX Militia and Military Affairs
§ 1 Organization of the militia
The General Assembly shall provide for organizing, equipping, and disciplining the militia as the exigency requires.
§ 2 Adjutant-General
There is an Adjutant-General appointed by the Governor with the Senate's advice and consent.
§ 3 Vacant
Repealed.
Article X (vacant)
§ — Vacant
This article (formerly relating to militia/other matters) was repealed in 1956 and is vacant.
Article XI City of Baltimore
§ 1 Election of Mayor
The qualified inhabitants of Baltimore elect the Mayor as provided.
§ 2 City Council
The City Council of Baltimore consists of two branches as provided.
§ 3 Election of Council members
Members of both branches of the City Council are elected as provided.
§ 4 Sessions
The regular sessions of the City Council are annual, beginning the third Monday of January, and limited in length.
§ 5 No dual office
No Mayor or Council member may, during his term, hold another office of profit or trust.
§ 6 Removal of Mayor
The Mayor may be removed by the Governor on conviction of willful neglect or misbehavior in office.
§ 7 City debt
No debt may be created by the Mayor and City Council except as provided, generally requiring voter approval.
§ 8 Continuation of laws
Existing laws and ordinances applicable to the city, not inconsistent with this article, continue until changed.
§ 9 Amendment of this article
The General Assembly may amend this article (except the debt section) as it deems best.
Article XI-A Local Legislation (Home Rule)
§ 1 Adoption of a charter
Baltimore City or any county may frame and adopt a home-rule charter on the demand or petition of voters as provided.
§ 1A Alternative charter procedure
An alternative procedure for adopting a charter may be used in any county.
§ 2 Grant of express powers
The General Assembly shall provide by public general law a grant of express powers for charter counties.
§ 3 Elective legislative body
Every charter provides for an elective legislative body vested with the local law-making power.
§ 3A Election of council members
A county charter may provide for electing council members by district or at large.
§ 4 No public local laws by General Assembly
After adopting a charter, no public local law may be enacted for the city or county by the General Assembly on charter-granted subjects.
§ 5 Charter amendments
Charter amendments may be proposed by the local legislative body or by petition and adopted by the voters.
§ 6 Transfer of Commissioners' powers
The powers formerly exercised by County Commissioners pass to the charter government.
§ 7 Definition of petition
Defines 'petition' and prescribes signature and verification requirements under this article.
Article XI-B City of Baltimore — Land Development and Redevelopment
§ 1 Authority to acquire and develop land
The General Assembly may authorize Baltimore to acquire land within its boundaries for development or redevelopment and to sell or lease it.
§ 2 Additional powers
The General Assembly may grant Baltimore additional powers necessary to carry out this article.
§ 3 Vacant
Repealed.
Article XI-C Off-Street Parking
§ 1 Authority for off-street parking
The General Assembly may authorize Baltimore to acquire land and property for off-street parking facilities.
§ 2 Additional powers
The General Assembly may grant additional powers necessary to carry out this article.
§ 3 Financing
The Mayor and City Council may borrow money by ordinance to finance parking facilities.
Article XI-D Port Development
§ 1 Authority for port development
The General Assembly may authorize Baltimore to acquire land and property for the development and improvement of its port.
§ 2 Additional powers
The General Assembly may grant additional powers necessary to carry out this article.
§ 3 Limitation
No public local law under this article may be construed to exceed the port-development purposes stated.
Article XI-E Municipal Corporations
§ 1 Home rule for municipalities
The General Assembly may not pass special laws on the incorporation, government, or affairs of municipal corporations except as provided.
§ 2 Classification
The General Assembly classifies municipal corporations into not more than four classes based on population.
§ 3 Charter powers
Municipal corporations may amend or repeal their charters and exercise home-rule powers.
§ 4 Charter amendment procedure
Charter changes are proposed by resolution or petition and adopted by the voters.
§ 5 Property tax limits
The General Assembly may set a maximum property tax rate for municipal purposes.
§ 6 Subject to general law
Charter provisions are subject to applicable general laws enacted by the General Assembly.
Article XI-F Home Rule for Code Counties
§ 1 Definition of code county
A 'code county' is a non-charter county that has adopted the optional home-rule powers of this article.
§ 2 Becoming a code county
A county's governing body may by two-thirds resolution propose becoming a code county, subject to the voters.
§ 3 Local law-making power
A code county may enact, amend, or repeal its public local laws following this article's procedure.
§ 4 Limit on General Assembly
The General Assembly shall not enact special or local laws for a single code county except as provided.
§ 5 Classification
The General Assembly classifies code counties into not more than four classes based on population.
§ 6 Enactment by resolution
A code county enacts local laws by resolution of its board of county commissioners.
§ 7 Referendum
Enactment of a code-county local law is subject to referendum of the county's voters as provided.
§ 8 Reserved General Assembly power
The General Assembly retains exclusive power over certain enumerated local laws for code counties.
§ 9 Limit on new taxes
A code county may not levy a tax or fee not in effect or authorized when it came under this article.
§ 10 Continuation of laws
Laws in effect when this article was added remain in effect until amended or repealed.
Article XI-G City of Baltimore — Residential Rehabilitation and Commercial Financing Loans
§ 1 Authority for financing loans
The General Assembly may authorize Baltimore to make financing loans for residential rehabilitation and commercial purposes within the city.
§ 2 Additional powers
The General Assembly may grant Baltimore additional powers necessary to carry out this article.
§ 3 Controlling provisions
In case of conflict, the provisions of this article control over other constitutional provisions as specified.
Article XI-H City of Baltimore — Residential Financing Loans
§ 1 Authority for residential loans
The General Assembly may authorize Baltimore to make or contract for financing loans for residential purposes within the city.
§ 2 Additional powers
The General Assembly may grant Baltimore additional powers necessary to carry out this article.
§ 3 Controlling provisions
In case of conflict, the provisions of this article control over other constitutional provisions as specified.
Article XI-I City of Baltimore — Industrial Financing Loans
§ 1 Authority for industrial loans
The General Assembly may authorize Baltimore to make or contract for financing loans for industrial purposes within the city.
§ 2 Additional powers
The General Assembly may grant Baltimore additional powers necessary to carry out this article.
§ 3 Controlling provisions
In case of conflict, the provisions of this article control over other constitutional provisions as specified.
Article XII Public Works
§ 1 Board of Public Works
The Governor, Comptroller, and Treasurer constitute the Board of Public Works, which keeps a journal of its proceedings.
§ 2 Supervision of public works
The Board supervises all public works in which the State is interested and appoints directors as provided.
§ 3 Sale of State interests
The Board may, subject to regulations set by the General Assembly, sell the State's interest in works of internal improvement.
Article XIII New Counties
§ 1 Organizing new counties
The General Assembly may organize new counties, locate and remove county seats, and change county lines, subject to population and voter conditions.
§ 2 Implementing laws
The General Assembly shall pass laws necessary to carry this article into effect.
Article XIV Amendments to the Constitution
§ 1 Proposal and ratification of amendments
The General Assembly may propose amendments, each in a separate bill passed by three-fifths of each House, submitted to the voters and adopted by a majority voting on them.
§ 1A Limited-duration amendments
A proposed amendment of limited duration providing for transition is placed in Article XVIII and expires on its own terms.
§ 2 Constitutional convention question
The General Assembly shall submit to the voters, every twenty years, the question whether to call a constitutional convention.
Article XV Miscellaneous
§ 1 Compensation of officers
Officers whose pay is fixed receive their compensation as provided and no other fees or perquisites.
§ 2 Removal for crime
An elected State, county, or municipal official found guilty of a felony or crime of moral turpitude during his term is suspended and may be removed.
§ 3 Disqualification of subversives
No member of an organization advocating the overthrow of government by force may hold office.
§ 4 Vacant
Repealed.
§ 5 Acting officers
The General Assembly may provide for a person to act in place of an absent or disabled officer.
§ 6 Vacant
Repealed.
§ 7 General election day
All general elections are held on the Tuesday after the first Monday of November in the year they occur.
§ 8 Vacant
Repealed.
§ 9 Vacant
Repealed.
§ 10 Vacant
Renumbered (gender-construction provision moved to Article I).
§ 11 Vacant
Repealed.
Article XVI The Referendum
§ 1 Referendum reserved
The people reserve the power of referendum to approve or reject at the polls acts of the General Assembly by petition.
§ 2 Delayed effective date
No law takes effect until the first day of June after the session, unless it declares an emergency, so that it may be petitioned to referendum.
§ 3 Sufficiency of petition
A referendum petition is sufficient if signed by three percent of qualified voters, with geographic distribution requirements.
§ 4 Form of petition
A petition may consist of several papers, each containing the full text or an Attorney-General-approved summary of the act.
§ 5 Furnishing text to voters
The General Assembly provides for furnishing voters the text of measures to be voted on.
§ 6 Excepted laws
Laws regulating the manufacture or sale of liquors are not subject to referendum under this article.
Article XVII Quadrennial Elections
§ 1 Purpose
This article reduces the number of elections by holding State and county elections every fourth year.
§ 2 Four-year terms
Elected State and county officers serve four-year terms except as otherwise provided (e.g., special elections to fill vacancies).
§ 3 Terms of officers
State and county officers elected by the voters (except most judges) begin their terms as provided.
§ 4 Terms of judges and others
The terms of judges and other officers provided for by the Constitution are fixed as stated.
§ 5 Appointed officers
Officers appointed by the Governor or County Commissioners hold office for the terms fixed by law.
§ 6 Election supervisors
The terms of members of the boards of supervisors of elections commence as provided.
§ 7 Exceptions
Sections 1, 2, 3, and 5 do not apply to elective local boards of education or specified county bodies.
§ 8 Tie votes
On a tie in any election under the Constitution, the Governor orders a new election.
§ 9 Precedence
In case of inconsistency, the provisions of this article prevail over other constitutional provisions.
§ 10 Vacant
Repealed.
§ 11 Vacant
Renumbered/transferred.
§ 12 Vacant
Repealed.
§ 13 Vacant
Repealed.
Article XVIII Provisions of Limited Duration
§ 1 Limited-duration provisions
Provisions of limited duration adopted under Article XIV are set out here and stand repealed as each expires.
§ 2 Vacant
Expired/repealed.
§ 3 County commissioner election methods
A transitional provision governing methods of electing county commissioners and council members.
§ 4 Appellate circuit boundaries
A transitional provision implementing the 1994 amendment on appellate judicial circuit boundaries.
§ 5 Judicial Disabilities Commission membership
A transitional provision implementing the 1995 amendments on the Commission on Judicial Disabilities.
Article XIX Video Lottery Terminals
§ 1 Video lottery and gaming
This article authorizes and regulates video lottery terminals and specified gaming, with proceeds directed to education and other purposes as provided.
Article XX Cannabis
§ 1 Legalization of cannabis
On or after July 1, 2023, an individual at least 21 years old may use and possess cannabis, with the General Assembly to provide for its use, distribution, regulation, and taxation.
Full, verbatim text at Maryland State Archives