Maryland Code § CONST-II-6

Section CONST-II-6
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(a) If the Governor-elect is disqualified, resigns, or dies, the Lieutenant
Governor-elect shall become Governor for the full term. If the Governor-elect fails to
assume office for any other reason, the newly elected Lieutenant Governor shall
become Lieutenant Governor and shall serve as acting Governor until the Governor-
elect assumes office or until the office becomes vacant.
(b) The Lieutenant Governor shall serve as acting Governor when notified
in writing by the Governor that the Governor will be temporarily unable to perform
the duties of the Governor's office. The Lieutenant Governor also shall serve as acting
Governor when the Governor is disabled but is unable to communicate to the
Lieutenant Governor the fact of the Governor's inability to perform the duties of the
Governor's office. In either event the Lieutenant Governor shall serve as acting
Governor until notified in writing by the Governor that the Governor is able to resume
the duties of the Governor's office or until the office becomes vacant.
(c) The General Assembly, by the affirmative vote of three-fifths of all its
members in joint session, may adopt a resolution declaring that the Governor or
Lieutenant Governor is unable by reason of physical or mental disability to perform
the duties of the office. When action is undertaken pursuant to this subsection of the
Constitution, the officer who concludes that the other officer is unable, by reason of
disability to perform the duties of the office shall have the power to call the General
Assembly into Joint Session. The resolution, if adopted, shall be delivered to the
Supreme Court of Maryland, which then shall have exclusive jurisdiction to
determine whether that officer is unable by reason of the disability to perform the
duties of the office. If the Supreme Court of Maryland determines that such officer is
unable to discharge the duties of the office by reason of a permanent disability, the
office shall be vacant. If the Supreme Court of Maryland determines that such officer
is unable to discharge the duties of the office by reason of a temporary disability, it
shall declare the office to be vacant during the time of the disability and the Court
shall have continuing jurisdiction to determine when the disability has terminated.
If the General Assembly and the Supreme Court of Maryland, acting in the same
manner as described above, determine that the Governor-elect or Lieutenant
Governor-elect is unable by reason of physical or mental disability to perform the
duties of the elected office, the elected officer shall be disqualified to assume office.
(d) When a vacancy occurs in the office of Governor, the Lieutenant
Governor shall succeed to that office for the remainder of the term. When a vacancy
occurs in the office of Lieutenant Governor, the Governor shall nominate a person
who shall succeed to that office upon confirmation by the affirmative vote of a
majority of all members of the General Assembly in joint session.

(e) If vacancies in the offices of Governor and Lieutenant Governor exist at
the same time, the General Assembly shall convene forthwith, and the office of
Governor shall be filled for the remainder of the term by the affirmative vote of a
majority of all members of the General Assembly in joint session. The person so
chosen as Governor by the General Assembly shall then nominate a person to succeed
to the office of Lieutenant Governor, upon confirmation by the affirmative vote of a
majority of all members of the General Assembly in the same joint session. The
President of the Senate shall serve as acting Governor until the newly elected
Governor has qualified. If a vacancy exists in the office of Lieutenant Governor, at a
time when the Lieutenant Governor is authorized to serve as acting Governor, the
President of the Senate shall serve as acting Governor. If there is a vacancy in the
office of the President of the Senate at a time when the President is authorized to
serve as acting Governor, the Senate shall forthwith convene and fill the vacancy.
(f) When the Lieutenant Governor or a person elected by the General
Assembly succeeds to the office of Governor, the person who succeeds to the office
shall have the title, powers, duties, and emoluments of that office; but when the
Lieutenant Governor or the President of the Senate serves as acting Governor, the
acting Governor shall have only the powers and duties of that office. When the
President of the Senate serves as acting Governor, the President shall continue to be
President of the Senate, but the President's duties as president shall be performed by
such other person as the Senate shall select.
(g) The Supreme Court of Maryland shall have original and exclusive
jurisdiction to adjudicate disputes or questions arising from the failure of the
Governor-elect to take office, or the service of the Lieutenant Governor or President
of the Senate as acting Governor, or the creation of a vacancy in the office of Governor
or Lieutenant Governor by reason of disability, or the succession to the office of
Governor or Lieutenant Governor, or the exercise of the powers and duties of a
successor to the office of Governor.

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