Dayhoff Westminster Soundtrack: Art. III Sec 13 of the Maryland Constitution

Friday, January 16, 2015

Art. III Sec 13 of the Maryland Constitution

Many have asked about the context of the recent decision of the Carroll County Republican Central Committee’s decision to nominate former-Carroll County Commissioner Robin B. Frazier R-Dist. 2 to fill the seat of

According to the Maryland State Archives, “Maryland has had four consitutions [sic.] At the time of the Revolutionary War, the first constitution was adopted by the Ninth Provincial Convention, meeting at Annapolis, in November 1776. Voters adopted the second constitution in June 1851. During the Civil War, the third constitution was adopted by the voters in October 1864. Voters adopted the fourth and last constitution under which Maryland government now functions in September 1867.

Article lll Sect. 13 may be found below as amended and ratified by the voters through November 6, 2012

CONSTITUTION OF MARYLAND

ARTICLE III

LEGISLATIVE DEPARTMENT.

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

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

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

(4) In every case when any person is so appointed by the Governor, his appointment shall be deemed to be for the unexpired term of the person whose office has become vacant.

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

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

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

(3) If the vacancy occurs in a district which has boundaries comprising a portion or all of two or more counties, the Central Committee of each county involved shall have one vote for submitting the name of a resident of the district; and if there is a tie vote between or among the Central Committees, the list of names there proposed shall be submitted to the Governor, and he shall make the appointment from the list (amended by Chapter 584, Acts of 1935, ratified Nov. 3, 1936; Chapter 162, Acts of 1966, ratified Nov. 8, 1966; Chapter 681, Acts of 1977, ratified Nov. 7, 1978; Chapter 649, Acts of 1986, ratified Nov. 4, 1986).

http://msa.maryland.gov/msa/mdmanual/43const/html/03art3.html

++++++++++++++++++++++

Related: Robin Bartlett Frazier nominated to State Senate seat - by Carroll County Times staff writer Jacob deNobel http://kevindayhoff.blogspot.com/2015/01/robin-bartlett-frazier-nominated-to.html January 10, 2015 http://www.carrollcountytimes.com/news/local/ph-cc-rcc-frazier-20150110,0,151714.story

Carroll County Republican Central Committee Selects Robin Bartlett Frazier to Fill Opening District 5 Senate Seat http://kevindayhoffwestgov-net.blogspot.com/2015/01/carroll-county-republican-central.html

Del. Justin Ready, R-District 5 is the clear choice for Carroll Co. Md. Senate vacancy http://kevindayhoff.blogspot.com/2015/01/del-justin-ready-r-district-5-is-clear.html By Kevin E. Dayhoff January 11, 2015 By Kevin E. Dayhoff January 11, 2015

Or – food for thought; if Carroll County Delegate Susan Krebs had applied with the central committee, she would be the appropriate choice because she is the ranking senior member of the Carroll County Delegation to Annapolis. That said, the word is that she did not throw her name in the hat…

Labels: Carroll Co Republican Central Committee, Commissioner Haven Shoemaker, Commissioner Robin Frazier, People Ready-Justin, People Shoemaker-Haven

Del. Justin Ready, R-District 5 is the clear choice for the Carroll County Republican Central Committee to fill the vacancy in the Maryland State Senate left by outgoing Senator Joe Getty

Last Saturday, Jan. 10, 2015, the Carroll County Republican Central Committee chose former Carroll County commissioner Robin Frazier as its recommendation to fill the vacancy in the Maryland State Senate left by outgoing Senator Joe Getty. http://kevindayhoff.blogspot.com/2015/01/del-justin-ready-r-district-5-is-clear.html

Hogan wants more openness, more names in filling legislative seats - Maryland Reporter: By Len Lazarick http://kevindayhoff.blogspot.com/2015/01/maryland-reporterby-len-lazarick-hogan.html

According to an article in Maryland Report by veteran political reporter Len Lazarick on Thursday, January 15, 2015, “In filling the three legislative vacancies he has created in building his new administration, Gov.-elect Larry Hogan said he’d like to see a more open nominating process used by the Republican central committees and more candidate names for him to fill the seats…”

[…]

It is a must-read article for anyone who has followed the controversies “In Frederick and Carroll counties, [where] the small Republican Central Committees have already named one person for each seat, creating controversy in both counties…” http://kevindayhoff.blogspot.com/2015/01/maryland-reporterby-len-lazarick-hogan.html

*****