1 | 1 | | |
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2 | 2 | | |
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3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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5 | 5 | | *hb1129* |
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6 | 6 | | |
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7 | 7 | | HOUSE BILL 1129 |
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8 | 8 | | P1 CONSTITUTIONAL AMENDMENT 5lr2167 |
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9 | 9 | | CF SB 733 |
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10 | 10 | | By: Delegates D. Jones, Addison, Allen, Bagnall, Bhandari, Cullison, Ebersole, |
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11 | 11 | | Fair, Feldmark, Foley, Forbes, Guyton, Guzzone, Hill, J. Lewis, Lopez, |
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12 | 12 | | Mireku–North, Patterson, Taylor, Terrasa, Toles, Valderrama, |
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13 | 13 | | White Holland, Williams, and Wolek |
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14 | 14 | | Introduced and read first time: February 5, 2025 |
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15 | 15 | | Assigned to: Health and Government Operations |
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16 | 16 | | |
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17 | 17 | | A BILL ENTITLED |
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18 | 18 | | |
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19 | 19 | | AN ACT concerning 1 |
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20 | 20 | | |
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21 | 21 | | Constitutional Officers – Gender–Neutral Language 2 |
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22 | 22 | | |
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23 | 23 | | FOR the purpose of altering terminology in the Maryland Constitution that refers to 3 |
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24 | 24 | | constitutional officers to be gender–neutral. 4 |
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25 | 25 | | |
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26 | 26 | | BY proposing an amendment to the Maryland Constitution 5 |
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27 | 27 | | Article II – Executive Department 6 |
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28 | 28 | | Section 1, 1A, 1B, 5, 9, 10, 10A, 11, 16, 19, 20, 21, 22, and 23 7 |
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29 | 29 | | |
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30 | 30 | | BY proposing an amendment to the Maryland Constitution 8 |
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31 | 31 | | Article V – Attorney–General and State’s Attorneys 9 |
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32 | 32 | | Section 1 and 3 10 |
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33 | 33 | | |
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34 | 34 | | BY proposing an amendment to the Maryland Constitution 11 |
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35 | 35 | | Article VI – Treasury Department 12 |
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36 | 36 | | Section 1, 2, 3, 4, 5, and 6 13 |
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37 | 37 | | |
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38 | 38 | | BY proposing an amendment to the Maryland Constitution 14 |
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39 | 39 | | Article IX – Militia and Military Affairs 15 |
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40 | 40 | | Section 2 16 |
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41 | 41 | | |
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42 | 42 | | SECTION 1. BE IT ENACTED BY TH E GENERAL ASSEMBLY OF MARYLAND, 17 |
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43 | 43 | | (Three–fifths of all the members elected to each of the two Houses concurring), That it be 18 |
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44 | 44 | | proposed that the Maryland Constitution read as follows: 19 |
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45 | 45 | | |
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46 | 46 | | Article II – Executive Department 20 |
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47 | 47 | | |
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48 | 48 | | 1. 21 2 HOUSE BILL 1129 |
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49 | 49 | | |
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50 | 50 | | |
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51 | 51 | | |
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52 | 52 | | The executive power of the State shall be vested in a Governor, whose term of office 1 |
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53 | 53 | | shall commence on the third Wednesday of January next ensuing [his] THE GOVERNOR ’S 2 |
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54 | 54 | | election, and continue for four years, and until [his] THE GOVERNOR ’S successor shall 3 |
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55 | 55 | | have qualified; and a person who has served two consecutive popular elective terms of office 4 |
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56 | 56 | | as Governor shall be ineligible to succeed [himself] THEMSELF as Governor for the term 5 |
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57 | 57 | | immediately following the second of said two consecutive popular elective terms. 6 |
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58 | 58 | | |
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59 | 59 | | 1A. 7 |
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60 | 60 | | |
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61 | 61 | | There shall be a Lieutenant Governor, who shall have only the duties delegated to 8 |
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62 | 62 | | [him] THE LIEUTENANT GOVERNOR by the Governor and shall have such compensation 9 |
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63 | 63 | | as the General Assembly shall provide by law, except that beginning in the year 1978 the 10 |
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64 | 64 | | salary of the Lieutenant Governor shall be as provided under Section 21A of this Article. 11 |
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65 | 65 | | No person who is ineligible under this Constitution to be elected Governor shall be eligible 12 |
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66 | 66 | | to hold the office of Lieutenant Governor. 13 |
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67 | 67 | | |
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68 | 68 | | 1B. 14 |
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69 | 69 | | |
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70 | 70 | | Each candidate who shall seek a nomination for Governor, under any method 15 |
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71 | 71 | | provided by law for such nomination, including primary elections, shall at the time of filing 16 |
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72 | 72 | | for said office designate a candidate for Lieutenant Governor, and the names of the said 17 |
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73 | 73 | | candidate for Governor and Lieutenant Governor shall be listed on the primary election 18 |
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74 | 74 | | ballot, or otherwise considered for nomination jointly with each other. No candidate for 19 |
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75 | 75 | | Governor may designate a candidate for Lieutenant Governor to contest for the said offices 20 |
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76 | 76 | | jointly with [him] THE CANDIDATE FOR GOVERNOR without the consent of the said 21 |
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77 | 77 | | candidate for Lieutenant Governor, and no candidate for Lieutenant Governor may 22 |
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78 | 78 | | designate a candidate for Governor, to contest jointly for said offices with [him] THE 23 |
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79 | 79 | | CANDIDATE FOR LIEUTENANT GOVERNOR without the consent of the said candidate for 24 |
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80 | 80 | | Governor, said consent to be in writing on a form provided for such purpose and filed at the 25 |
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81 | 81 | | time the said candidates shall file their certificates of candidacy, or other documents by 26 |
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82 | 82 | | which they seek nomination. In any election, including a primary election, candidates for 27 |
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83 | 83 | | Governor and Lieutenant Governor shall be listed jointly on the ballot, and a vote cast for 28 |
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84 | 84 | | the candidate for Governor shall also be cast for Lieutenant Governor jointly listed on the 29 |
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85 | 85 | | ballot with [him] THE CANDIDATE FOR GOVERNOR, and the election of Governor, or the 30 |
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86 | 86 | | nomination of a candidate for Governor, also shall constitute the election for the same term, 31 |
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87 | 87 | | or the nomination, of the Lieutenant Governor who was listed on the ballot or was being 32 |
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88 | 88 | | considered jointly with [him] THE CANDIDATE FOR GOVERNOR. 33 |
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89 | 89 | | |
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90 | 90 | | 5. 34 |
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91 | 91 | | |
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92 | 92 | | A person to be eligible for the office of Governor or Lieutenant Governor must have 35 |
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93 | 93 | | attained the age of thirty years, and must have been a resident and registered voter of the 36 |
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94 | 94 | | State for five years next immediately preceding [his] THE CANDIDATE ’S election. 37 |
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95 | 95 | | |
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96 | 96 | | 9. 38 HOUSE BILL 1129 3 |
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97 | 97 | | |
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98 | 98 | | |
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99 | 99 | | |
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100 | 100 | | [He] THE GOVERNOR shall take care that the Laws are faithfully executed. 1 |
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101 | 101 | | |
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102 | 102 | | 10. 2 |
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103 | 103 | | |
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104 | 104 | | [He] THE GOVERNOR shall nominate, and, by and with the advice and consent of 3 |
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105 | 105 | | the Senate, appoint all civil and military officers of the State, whose appointment, or 4 |
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106 | 106 | | election, is not otherwise herein provided for, unless a different mode of appointment be 5 |
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107 | 107 | | prescribed by the Law creating the office. 6 |
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108 | 108 | | |
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109 | 109 | | 10A. 7 |
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110 | 110 | | |
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111 | 111 | | (a) Except as provided in subsection (b) of this section, a Governor may not 8 |
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112 | 112 | | appoint a person to an office in the Executive Branch of State Government during: 9 |
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113 | 113 | | |
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114 | 114 | | (1) The period between a primary election in which the Governor is not 10 |
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115 | 115 | | renominated or is ineligible to succeed [himself] THEMSELF AS GOVERNOR and the 11 |
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116 | 116 | | inauguration of the next succeeding Governor; or 12 |
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117 | 117 | | |
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118 | 118 | | (2) If the Governor is nominated in the primary election but defeated in the 13 |
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119 | 119 | | general election, the period between the general election and the inauguration of the next 14 |
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120 | 120 | | succeeding Governor. 15 |
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121 | 121 | | |
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122 | 122 | | (b) In an emergency during the periods described in subsection (a) of this section, 16 |
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123 | 123 | | a Governor may appoint a person to an office in the Executive Branch that the Governor 17 |
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124 | 124 | | has the power to fill on a temporary basis upon filing a statement of emergency with the 18 |
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125 | 125 | | Secretary of State. Appointments made under this subsection are subject to the approval 19 |
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126 | 126 | | of the next succeeding Governor, who may remove the temporary officeholder and appoint 20 |
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127 | 127 | | a replacement. 21 |
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128 | 128 | | |
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129 | 129 | | 11. 22 |
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130 | 130 | | |
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131 | 131 | | In case of any vacancy during the recess of the Senate, in any office which the 23 |
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132 | 132 | | Governor has power to fill, [he] THE GOVERNOR shall appoint some suitable person to 24 |
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133 | 133 | | said office, whose commission shall continue in force until the end of the next session of the 25 |
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134 | 134 | | Legislature, or until some other person is appointed to the same office, whichever shall first 26 |
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135 | 135 | | occur; and the nomination of the person thus appointed during the recess, or of some other 27 |
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136 | 136 | | person in [his] THE PERSON’S place, shall be made to the Senate on the first day of the 28 |
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137 | 137 | | next regular meeting of the Senate. 29 |
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138 | 138 | | |
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139 | 139 | | 16. 30 |
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140 | 140 | | |
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141 | 141 | | The Governor shall convene the Legislature, or the Senate alone, on extraordinary 31 |
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142 | 142 | | occasions; and whenever from the presence of an enemy, or from any other cause, the seat 32 |
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143 | 143 | | of Government shall become an unsafe place for the meeting of the Legislature, [he] THE 33 |
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144 | 144 | | GOVERNOR may direct their sessions to be held at some other convenient place. 34 4 HOUSE BILL 1129 |
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145 | 145 | | |
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146 | 146 | | |
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147 | 147 | | |
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148 | 148 | | 19. 1 |
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149 | 149 | | |
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150 | 150 | | [He] THE GOVERNOR shall, from time to time, inform the Legislature of the 2 |
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151 | 151 | | condition of the State and recommend to their consideration such measures as [he] THE 3 |
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152 | 152 | | GOVERNOR may judge necessary and expedient. 4 |
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153 | 153 | | |
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154 | 154 | | 20. 5 |
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155 | 155 | | |
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156 | 156 | | [He] THE GOVERNOR shall have power to grant reprieves and pardons, except in 6 |
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157 | 157 | | cases of impeachment, and in cases, in which [he] THE GOVERNOR is prohibited by other 7 |
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158 | 158 | | Articles of this Constitution; and to remit fines and forfeitures for offences against the 8 |
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159 | 159 | | State; but shall not remit the principal or interest of any debt due the State, except, in cases 9 |
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160 | 160 | | of fines and forfeitures; and before granting a nolle prosequi, or pardon, [he] THE 10 |
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161 | 161 | | GOVERNOR shall give notice, in one or more newspapers, of the application made for it, 11 |
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162 | 162 | | and of the day on, or after which, [his] THE GOVERNOR’S decision will be given; and in 12 |
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163 | 163 | | every case, in which [he] THE GOVERNOR exercises this power, [he] THE GOVERNOR 13 |
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164 | 164 | | shall report to either Branch of the Legislature, whenever required, the petitions, 14 |
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165 | 165 | | recommendations and reasons, which influenced [his] THE GOVERNOR’S decision. 15 |
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166 | 166 | | |
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167 | 167 | | 21. 16 |
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168 | 168 | | |
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169 | 169 | | The Governor shall reside at the seat of government, and, from and after the fourth 17 |
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170 | 170 | | Wednesday in January 1967, shall receive for [his] THE GOVERNOR’S services an annual 18 |
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171 | 171 | | salary of twenty–five thousand dollars, except that beginning in the year 1978 the salary 19 |
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172 | 172 | | of the Governor shall be as provided in Section 21A of this Article. 20 |
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173 | 173 | | |
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174 | 174 | | 22. 21 |
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175 | 175 | | |
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176 | 176 | | A Secretary of State shall be appointed by the Governor, by and with the advice and 22 |
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177 | 177 | | consent of the Senate, who shall continue in office, unless sooner removed by the Governor, 23 |
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178 | 178 | | till the end of the official term of the Governor from whom [he] THE SECRETARY OF 24 |
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179 | 179 | | STATE received [his] THE SECRETARY OF STATE’S appointment, and receive such 25 |
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180 | 180 | | annual salary as the General Assembly may from time to time by law prescribe. 26 |
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181 | 181 | | |
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182 | 182 | | 23. 27 |
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183 | 183 | | |
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184 | 184 | | The Secretary of State shall carefully keep and preserve a Record of all official acts 28 |
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185 | 185 | | and proceedings, which may at all times be inspected by a committee of either Branch of 29 |
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186 | 186 | | the Legislature; and [he] THE SECRETARY OF STATE shall perform such other duties as 30 |
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187 | 187 | | may be prescribed by Law, or as may properly belong to [his] THE SECRETARY OF 31 |
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188 | 188 | | STATE’S office, together with all clerical duty belonging to the Executive Department. 32 |
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189 | 189 | | |
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190 | 190 | | Article V – Attorney–General and State’s Attorneys 33 |
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191 | 191 | | |
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192 | 192 | | 1. 34 HOUSE BILL 1129 5 |
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193 | 193 | | |
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194 | 194 | | |
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195 | 195 | | |
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196 | 196 | | There shall be an Attorney–General elected by the qualified voters of the State, on 1 |
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197 | 197 | | general ticket, on the Tuesday next after the first Monday in the month of November, 2 |
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198 | 198 | | nineteen hundred and fifty–eight, and on the same day, in every fourth year thereafter, 3 |
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199 | 199 | | who shall hold [his] THE office OF ATTORNEY GENERAL for four years from the time of 4 |
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200 | 200 | | [his] THE ATTORNEY GENERAL ’S election and qualification, and until [his] THE 5 |
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201 | 201 | | ATTORNEY GENERAL’S successor is elected and qualified, and shall be re–eligible thereto, 6 |
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202 | 202 | | and shall be subject to removal for incompetency, willful neglect of duty or misdemeanor in 7 |
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203 | 203 | | office, on conviction in a Court of Law. 8 |
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204 | 204 | | |
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205 | 205 | | 3. 9 |
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206 | 206 | | |
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207 | 207 | | (a) The Attorney General shall: 10 |
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208 | 208 | | |
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209 | 209 | | (1) Prosecute and defend on the part of the State all cases pending in the 11 |
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210 | 210 | | appellate courts of the State, in the Supreme Court of the United States or the inferior 12 |
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211 | 211 | | Federal Courts, by or against the State, or in which the State may be interested, except 13 |
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212 | 212 | | those criminal appeals otherwise prescribed by the General Assembly. 14 |
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213 | 213 | | |
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214 | 214 | | (2) Investigate, commence, and prosecute or defend any civil or criminal 15 |
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215 | 215 | | suit or action or category of such suits or actions in any of the Federal Courts or in any 16 |
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216 | 216 | | Court of this State, or before administrative agencies and quasi legislative bodies, on the 17 |
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217 | 217 | | part of the State or in which the State may be interested, which the General Assembly by 18 |
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218 | 218 | | law or joint resolution, or the Governor, shall have directed or shall direct to be 19 |
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219 | 219 | | investigated, commenced and prosecuted or defended. 20 |
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220 | 220 | | |
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221 | 221 | | (3) When required by the General Assembly by law or joint resolution, or 21 |
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222 | 222 | | by the Governor, aid any State’s Attorney or other authorized prosecuting officer in 22 |
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223 | 223 | | investigating, commencing, and prosecuting any criminal suit or action or category of such 23 |
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224 | 224 | | suits or actions brought by the State in any Court of this State. 24 |
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225 | 225 | | |
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226 | 226 | | (4) Give [his] THE ATTORNEY GENERAL’S opinion in writing whenever 25 |
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227 | 227 | | required by the General Assembly or either branch thereof, the Governor, the Comptroller, 26 |
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228 | 228 | | the Treasurer or any State’s Attorney on any legal matter or subject. 27 |
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229 | 229 | | |
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230 | 230 | | (b) The Attorney General shall have and perform any other duties and possess 28 |
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231 | 231 | | any other powers, and appoint the number of deputies or assistants, as the General 29 |
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232 | 232 | | Assembly from time to time may prescribe by law. 30 |
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233 | 233 | | |
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234 | 234 | | (c) The Attorney General shall receive for [his] THE ATTORNEY GENERAL’S 31 |
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235 | 235 | | services the annual salary as the General Assembly from time to time may prescribe by 32 |
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236 | 236 | | law, but [he] THE ATTORNEY GENERAL may not receive any fees, perquisites or rewards 33 |
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237 | 237 | | whatever, in addition to [his] THE ATTORNEY GENERAL’S salary, for the performance of 34 |
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238 | 238 | | any official duty. 35 |
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239 | 239 | | 6 HOUSE BILL 1129 |
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240 | 240 | | |
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241 | 241 | | |
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242 | 242 | | (d) The Governor may not employ any additional counsel, in any case whatever, 1 |
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243 | 243 | | unless authorized by the General Assembly. 2 |
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244 | 244 | | |
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245 | 245 | | Article VI – Treasury Department 3 |
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246 | 246 | | |
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247 | 247 | | 1. 4 |
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248 | 248 | | |
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249 | 249 | | (a) There shall be a Treasury Department, consisting of a Comptroller chosen by 5 |
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250 | 250 | | the qualified electors of the State, who shall receive such salary as may be fixed by law; and 6 |
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251 | 251 | | a Treasurer, to be appointed on joint ballot by the two Houses of the Legislature at each 7 |
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252 | 252 | | regular session in which begins the term of the Governor, who shall receive such salary as 8 |
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253 | 253 | | may be fixed by law. 9 |
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254 | 254 | | |
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255 | 255 | | (b) The terms of office of the Comptroller and Treasurer shall be for four years, 10 |
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256 | 256 | | and until their successors shall qualify; and neither of the officers shall be allowed, or 11 |
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257 | 257 | | receive any fees, commissions or perquisites of any kind in addition to [his salary] THEIR 12 |
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258 | 258 | | SALARIES for the performance of any duty or services whatsoever. 13 |
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259 | 259 | | |
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260 | 260 | | (c) (1) In case of a vacancy in the office of the Comptroller by death or 14 |
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261 | 261 | | otherwise, the Governor, by and with the advice and consent of the Senate, shall fill such 15 |
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262 | 262 | | vacancy by appointment as provided in this subsection. 16 |
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263 | 263 | | |
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264 | 264 | | (2) The Governor shall appoint one of three individuals whose names are 17 |
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265 | 265 | | submitted to the Governor in writing, within 30 days after the occurrence of the vacancy, 18 |
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266 | 266 | | by the State Central Committee of the political party, if any, with which the vacating 19 |
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267 | 267 | | Comptroller had been affiliated at the time of the Comptroller’s last election or 20 |
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268 | 268 | | appointment. 21 |
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269 | 269 | | |
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270 | 270 | | (3) Each individual whose name is submitted to the Governor must have 22 |
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271 | 271 | | been a registered voter affiliated with the political party of the vacating Comptroller on the 23 |
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272 | 272 | | date immediately preceding the date on which the vacancy occurred. 24 |
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273 | 273 | | |
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274 | 274 | | (4) The Governor shall make the appointment within 15 days after names 25 |
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275 | 275 | | are submitted by the State Central Committee of the appropriate political party. 26 |
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276 | 276 | | |
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277 | 277 | | (5) If names are not submitted by the State Central Committee of the 27 |
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278 | 278 | | appropriate political party within 30 days after the occurrence of the vacancy, the Governor 28 |
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279 | 279 | | shall appoint within another period of 15 days any qualified individual who was a 29 |
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280 | 280 | | registered voter affiliated with the political party of the vacating Comptroller on the date 30 |
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281 | 281 | | immediately preceding the date on which the vacancy occurred. 31 |
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282 | 282 | | |
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283 | 283 | | (6) If the vacating Comptroller was not affiliated with a political party at 32 |
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284 | 284 | | the time of the Comptroller’s last election or appointment, the Governor shall appoint any 33 |
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285 | 285 | | qualified individual within 15 days after the occurrence of the vacancy. 34 |
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286 | 286 | | HOUSE BILL 1129 7 |
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287 | 287 | | |
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288 | 288 | | |
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289 | 289 | | (7) Except as provided in paragraph (8) of this subsection, an individual 1 |
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290 | 290 | | appointed under this subsection shall serve until a successor is elected under paragraph (9) 2 |
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291 | 291 | | of this subsection to fill the remainder of the term. 3 |
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292 | 292 | | |
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293 | 293 | | (8) An individual appointed under this subsection shall serve for the 4 |
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294 | 294 | | remainder of the term if the vacancy occurs after the date that is 21 days before the deadline 5 |
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295 | 295 | | for filing certificates of candidacy for the regular statewide election that is held in the 6 |
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296 | 296 | | second year of the term. 7 |
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297 | 297 | | |
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298 | 298 | | (9) If the vacancy occurs on or before the date that is 21 days before the 8 |
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299 | 299 | | deadline for filing certificates of candidacy for the regular statewide election that is held in 9 |
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300 | 300 | | the second year of the term, the Governor shall issue a proclamation immediately after the 10 |
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301 | 301 | | occurrence of the vacancy declaring that a special primary election and a special general 11 |
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302 | 302 | | election shall be held at the same time as the regular statewide primary election and 12 |
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303 | 303 | | regular statewide general election that are held in the second year of the term. 13 |
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304 | 304 | | |
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305 | 305 | | (d) In case of a vacancy in the office of the Treasurer by death or otherwise, the 14 |
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306 | 306 | | Deputy Treasurer shall act as Treasurer until the next regular or extraordinary session of 15 |
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307 | 307 | | the Legislature following the creation of the vacancy, whereupon the Legislature shall 16 |
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308 | 308 | | choose a successor to serve for the duration of the unexpired term of office. 17 |
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309 | 309 | | |
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310 | 310 | | (e) The Comptroller and the Treasurer shall keep their offices at the seat of 18 |
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311 | 311 | | government, and shall take such oaths and enter into such bonds for the faithful discharge 19 |
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312 | 312 | | of their duties as are now or may hereafter be prescribed by law. 20 |
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313 | 313 | | |
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314 | 314 | | 2. 21 |
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315 | 315 | | |
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316 | 316 | | The Comptroller shall have the general superintendence of the fiscal affairs of the 22 |
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317 | 317 | | State; [he] THE COMPTROLLER shall digest and prepare plans for the improvement and 23 |
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318 | 318 | | management of the revenue, and for the support of the public credit; prepare and report 24 |
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319 | 319 | | estimates of the revenue and expenditures of the State; superintend and enforce the prompt 25 |
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320 | 320 | | collection of all taxes and revenue; adjust and settle, on terms prescribed by law, with 26 |
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321 | 321 | | delinquent collectors and receivers of taxes and State revenue; preserve all public accounts; 27 |
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322 | 322 | | and decide on the forms of keeping and stating accounts. [He] THE COMPTROLLER , or 28 |
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323 | 323 | | such of [his] THE COMPTROLLER ’S deputies as may be authorized to do so by the 29 |
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324 | 324 | | Legislature, shall grant, under regulations prescribed by Law, all warrants for money to be 30 |
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325 | 325 | | paid out of the Treasury, in pursuance of appropriations by law, and countersign all checks 31 |
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326 | 326 | | drawn by the Treasurer upon any bank or banks in which the moneys of the State, may, 32 |
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327 | 327 | | from time to time, be deposited. [He] THE COMPTROLLER shall prescribe the formalities 33 |
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328 | 328 | | of the transfer of stock, or other evidence of the State debt, and countersign the same, 34 |
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329 | 329 | | without which such evidence shall not be valid; [he] THE COMPTROLLER shall make to 35 |
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330 | 330 | | the General Assembly full reports of all [his] THE COMPTROLLER ’S proceedings, and of 36 |
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331 | 331 | | the state of the Treasury Department within ten days after the commencement of each 37 |
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332 | 332 | | session; and perform such other duties as shall be prescribed by law. 38 |
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333 | 333 | | |
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334 | 334 | | 3. 39 8 HOUSE BILL 1129 |
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335 | 335 | | |
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336 | 336 | | |
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337 | 337 | | |
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338 | 338 | | The Treasurer shall receive the moneys of the State, and, until otherwise prescribed 1 |
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339 | 339 | | by law, deposit them, as soon as received, to the credit of the State, in such bank or banks 2 |
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340 | 340 | | as [he] THE TREASURER may, from time to time, with the approval of the Governor, select 3 |
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341 | 341 | | (the said bank or banks giving security, satisfactory to the Governor, for the safekeeping 4 |
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342 | 342 | | and forthcoming, when required of said deposits), and [he] THE TREASURER or such of 5 |
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343 | 343 | | [his] THE TREASURER’S deputies as may be authorized to do so by the Legislature shall 6 |
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344 | 344 | | disburse the same for the purposes of the State according to law, upon warrants drawn by 7 |
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345 | 345 | | the Comptroller, or [his] THE COMPTROLLER ’S duly authorized deputy, and on checks 8 |
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346 | 346 | | countersigned by the Comptroller, or [his] THE COMPTROLLER ’S duly authorized deputy. 9 |
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347 | 347 | | The Legislature may prescribe, by law, for the Treasurer to disburse the moneys of the 10 |
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348 | 348 | | State by a system other than by the use of checks. The Treasurer or such of [his] THE 11 |
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349 | 349 | | TREASURER’S deputies as may be authorized to do so by the Legislature shall take receipts 12 |
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350 | 350 | | for all moneys paid from the Treasury Department; and receipt for moneys received by 13 |
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351 | 351 | | [him] THE TREASURER shall be endorsed upon warrants signed, by the Comptroller, or 14 |
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352 | 352 | | such deputy as may be authorized to do so by law, without which warrants, so signed, no 15 |
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353 | 353 | | acknowledgment of money received into the Treasury shall be valid; and upon warrants 16 |
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354 | 354 | | issued by the Comptroller, or [his] THE COMPTROLLER ’S duly authorized deputy, the 17 |
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355 | 355 | | Treasurer shall make arrangements for the payment of the interest of the public debt, and 18 |
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356 | 356 | | for the purchase thereof, on account of the sinking fund. Every bond, certificate, or other 19 |
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357 | 357 | | evidence of the debt of the State shall be signed by the Treasurer, Chief Deputy Treasurer, 20 |
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358 | 358 | | or a Deputy Treasurer, and countersigned by the Comptroller, Chief Deputy Comptroller, 21 |
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359 | 359 | | or a Deputy Comptroller; and no new certificate or other evidence intended to replace 22 |
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360 | 360 | | another shall be issued until the old one shall be delivered to the Treasurer, and authority 23 |
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361 | 361 | | executed in due form for the transfer of the same filed in [his] THE TREASURER’S office, 24 |
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362 | 362 | | and the transfer accordingly made on the books thereof, and the certificate or other 25 |
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363 | 363 | | evidence cancelled; but the Legislature may make provisions for the loss of certificates, or 26 |
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364 | 364 | | other evidences of the debt; and may prescribe, by law, the manner in which the Treasurer 27 |
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365 | 365 | | shall receive and keep the moneys of the State. 28 |
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366 | 366 | | |
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367 | 367 | | 4. 29 |
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368 | 368 | | |
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369 | 369 | | The Treasurer shall render [his] THE TREASURER’S Accounts, quarterly, to the 30 |
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370 | 370 | | Comptroller; and shall publish, monthly, in such newspapers as the Governor may direct, 31 |
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371 | 371 | | an abstract thereof, showing the amount of cash on hand, and the place, or places of deposit 32 |
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372 | 372 | | thereof; and on the third day of each regular session of the legislature, he shall submit to 33 |
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373 | 373 | | the Senate and House of Delegates fair and accurate copies of all Accounts by [him] THE 34 |
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374 | 374 | | TREASURER, from time to time, rendered and settled with the Comptroller. [He] THE 35 |
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375 | 375 | | TREASURER shall, at all times, submit to the Comptroller the inspection of the money in 36 |
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376 | 376 | | [his] THE TREASURER’S hands, and perform all other duties that shall be prescribed by 37 |
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377 | 377 | | Law. 38 |
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378 | 378 | | |
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379 | 379 | | 5. 39 |
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380 | 380 | | |
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381 | 381 | | The Comptroller shall qualify, and enter on the duties of [his] THE 40 |
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382 | 382 | | COMPTROLLER ’S office, on the third Monday of January next succeeding the time of [his] 41 HOUSE BILL 1129 9 |
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383 | 383 | | |
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384 | 384 | | |
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385 | 385 | | THE COMPTROLLER ’S Election, or as soon thereafter as practicable. And the Treasurer 1 |
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386 | 386 | | shall qualify within one month after [his] THE TREASURER’S appointment by the 2 |
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387 | 387 | | Legislature. 3 |
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388 | 388 | | |
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389 | 389 | | 6. 4 |
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390 | 390 | | |
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391 | 391 | | Whenever during the recess of the Legislature charges shall be preferred to the 5 |
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392 | 392 | | Governor against the Comptroller or Treasurer, for incompetency, malfeasance in office, 6 |
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393 | 393 | | willful neglect of duty, or misappropriation of the funds of the State, it shall be the duty of 7 |
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394 | 394 | | the Governor forthwith to notify the party so charged, and fix a day for a hearing of said 8 |
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395 | 395 | | charges; and if, in the case of the Comptroller, from the evidence taken, under oath, on said 9 |
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396 | 396 | | hearing before the Governor, the said allegations shall be sustained, it shall be the duty of 10 |
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397 | 397 | | the Governor to remove the Comptroller and appoint another in [his] THE 11 |
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398 | 398 | | COMPTROLLER ’S place, who shall hold the office for the unexpired term of the Comptroller 12 |
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399 | 399 | | so removed. However, if, in the case of the Treasurer, from the evidence taken under oath 13 |
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400 | 400 | | in the hearing before the Governor, the allegations are sustained, it is the duty of the 14 |
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401 | 401 | | Governor to remove the Treasurer, and the deputy treasurer shall act as Treasurer until 15 |
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402 | 402 | | the next regular or extraordinary session of the Legislature following the appointment, 16 |
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403 | 403 | | whereupon a successor shall be chosen by the Legislature who shall serve for the unexpired 17 |
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404 | 404 | | term of the Treasurer so removed. 18 |
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405 | 405 | | |
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406 | 406 | | Article IX – Militia and Military Affairs 19 |
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407 | 407 | | |
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408 | 408 | | 2. 20 |
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409 | 409 | | |
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410 | 410 | | There shall be an Adjutant General, appointed by the Governor, by and with the 21 |
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411 | 411 | | advice and consent of the Senate. [He] THE ADJUTANT GENERAL shall hold [his] THE 22 |
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412 | 412 | | office until the appointment and qualification of [his] A successor, or until removed in 23 |
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413 | 413 | | pursuance of the sentence of a Court Martial. [He] THE ADJUTANT GENERAL shall 24 |
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414 | 414 | | perform such duties, and receive such compensation, or emoluments, as are now, or may be 25 |
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415 | 415 | | prescribed by Law. [He] THE ADJUTANT GENERAL shall discharge the duties of [his] 26 |
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416 | 416 | | THE office at the seat of Government, unless absent, under orders, on duty; and no other 27 |
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417 | 417 | | officer of the General Staff of the Militia shall receive salary or pay, except when on service, 28 |
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418 | 418 | | and mustered in with troops. 29 |
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419 | 419 | | |
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420 | 420 | | SECTION 2. AND BE IT FURTHER ENACTED, That the General Assembly 30 |
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421 | 421 | | determines that the amendment to the Maryland Constitution proposed by Section 1 of this 31 |
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422 | 422 | | Act affects multiple jurisdictions and that the provisions of Article XIV, § 1 of the Maryland 32 |
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423 | 423 | | Constitution concerning local approval of constitutional amendments do not apply. 33 |
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424 | 424 | | |
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425 | 425 | | SECTION 3. AND BE IT FURTHER ENACTED, That the amendment to the 34 |
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426 | 426 | | Maryland Constitution proposed by Section 1 of this Act shall be submitted to the qualified 35 |
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427 | 427 | | voters of the State at the next general election to be held in November 2026 for adoption or 36 |
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428 | 428 | | rejection in accordance with Article XIV of the Maryland Constitution. At that general 37 |
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429 | 429 | | election, the vote on the proposed amendment to the Constitution shall be by ballot, and on 38 |
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430 | 430 | | each ballot there shall be printed the words “For the Constitutional Amendment” and 39 10 HOUSE BILL 1129 |
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431 | 431 | | |
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432 | 432 | | |
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433 | 433 | | “Against the Constitutional Amendment”, as now provided by law. Immediately after the 1 |
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434 | 434 | | election, all returns shall be made to the Governor of the vote for and against the proposed 2 |
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435 | 435 | | amendment, as directed by Article XIV of the Maryland Constitution, and further 3 |
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436 | 436 | | proceedings had in accordance with Article XIV. 4 |
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