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.
(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).
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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
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