Md. Const. art. 1, § 1 — Article 1 / Section 1
MD Const., Article 1, Section 1
Status: in_force

(a) The people reserve to themselves power known as The Referendum, by petition to have submitted to the registered voters of the State, to approve or reject at the polls, any Act, or part of any Act of the General Assembly, if approved by the Governor, or, if passed by the General Assembly over the veto of the Governor; (b) The provisions of this Article shall be self-executing; provided that additional legislation in furtherance thereof and not in conflict therewith may be enacted. SEC. 2. No law enacted by the General Assembly shall take effect until the first day of June next after the session at which it may be passed, unless it contains a Section declaring such law an emergency law and necessary for the immediate preservation of the public health or safety and is passed upon a yea and nay vote supported by three-fifths of all the members elected to each of the two Houses of the General Assembly. The effective date of a law other than an emergency law may be extended as provided in Section 3 (b) hereof. If before said first day of June there shall have been filed with the Secretary of the State a petition to refer to a vote of the people any law or part of a law capable of referendum, as in this Article provided, the same shall be referred by the Secretary of State to such vote, and shall not become a law or take effect until thirty days after its approval by a majority of the electors voting thereon at the next ensuing election held throughout the State for Members of the House of Representatives of the United States. An emergency law shall remain in force notwithstanding such petition, but shall stand repealed thirty days after having been rejected by a majority of the qualified electors voting thereon. No measure changing the salary of any officer, or granting any franchise or special privilege, or creating any vested right or interest, shall be enacted as an emergency law. No law making any appropriation for maintaining the State Government, or for maintaining or aiding any public institution, not exceeding the next previous appropriation for the same purpose, shall be subject to rejection or repeal under this Section. The increase in any such appropriation for maintaining or aiding any public institution shall only take effect as in the case of other laws, and such increase or any part thereof specified in the petition, may be referred to a vote of the people upon petition (amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978; Chapter 588, Acts of 2002, ratified Nov. 5, 2002). SEC. 3. (a) The referendum petition against an Act or part of an Act passed by the General Assembly, shall be sufficient if signed by three percent of the qualified voters of the State of Maryland, calculated upon the whole number of votes cast for Governor at the last preceding Gubernatorial election, of whom not more than half are residents of Baltimore City, or of any one County. However, any Public Local Law for any one County or the City of Baltimore, shall be referred by the Secretary of State only to the people of the County or City of Baltimore, upon a referendum petition of ten percent of the qualified voters of the County or City of Baltimore, as the case may be, calculated upon the whole number of votes cast respectively for Governor at the last preceding Gubernatorial election. (b) If more than one-third, but less than the full number of signatures required to complete any referendum petition against any law passed by the General Assembly, be filed with the Secretary of State before the first day of June, the time for the law to take effect and for filing the remainder of signatures to complete the petition shall be extended to the thirtieth day of the same month, with like effect. If an Act is passed less than 45 days prior to June 1, it may not become effective sooner than 31 days after its passage. To bring this Act to referendum, the first one-third of the required number of signatures to a petition shall be submitted within 30 days after its passage. If the first one-third of the required number of signatures is submitted to the Secretary of State within 30 days after its passage, the time for the Act to take effect and for filing the remainder of the signatures to complete the petition shall be extended for an additional 30 days. (c) In this Article, "pass" or "passed" means any final action upon any Act or part of an Act by both Houses of the General Assembly; and "enact" or "enacted" means approval of an Act or part of an Act by the Governor. (d) Signatures on a petition for referendum on an Act or part of an Act may be signed at any time after the Act or part of an Act is passed (amended by Chapter 548, Acts of 1976, ratified Nov. 2, 1976. Sec. 3(a) previously amended by Chapter 6, Acts of 1962, ratified Nov. 6, 1962). SEC. 4. A petition may consist of several papers, but each paper shall contain the full text, or an accurate summary approved by the Attorney General, of the Act or part of Act petitioned. There shall be attached to each paper of signatures filed with a petition an affidavit of the person procuring those signatures that the signatures were affixed in his presence and that, based upon the person's best knowledge and belief, every signature on the paper is genuine and bona fide and that the signers are registered voters at the address set opposite or below their names. The General Assembly shall prescribe by law the form of the petition, the manner for verifying its authenticity, and other administrative procedures which facilitate the petition process and which are not in conflict with this Article (amended by Chapter 548, Acts of 1976, ratified Nov. 2, 1976; Chapter 849, Acts of 1982, ratified Nov. 2, 1982). SEC. 5. (a) The General Assembly shall provide for furnishing the voters of the State the text of all measures to be voted upon by the people; provided, that until otherwise provided by law the same shall be published in the manner prescribed by Article XIV of the Constitution for the publication of proposed Constitutional Amendments. (b) All laws referred under the provisions of this Article shall be submitted separately on the ballots to the voters of the people, but if containing more than two hundred words, the full text shall not be printed on the official ballots, but the Secretary of State shall prepare and submit a ballot title of each such measure in such form as to present the purpose of said measure concisely and intelligently. The ballot title may be distinct from the legislative title, but in any case the legislative title shall be sufficient. Upon each of the ballots, following the ballot title or text, as the case may be, of each such measure, there shall be printed the words "For the referred law" and "Against the referred law," as the case may be. The votes cast for and against any such referred law shall be returned to the Governor in the manner prescribed with respect to proposed amendments to the Constitution under Article XIV of this Constitution, and the Governor shall proclaim the result of the election, and, if it shall appear that the majority of the votes cast on any such measure were cast in favor thereof, the Governor shall by his proclamation declare the same having received a majority of the votes to have been adopted by the people of Maryland as a part of the laws of the State, to take effect thirty days after such election, and in like manner and with like effect the Governor shall proclaim the result of the local election as to any Public Local Law which shall have been submitted to the voters of any County or of the City of Baltimore. SEC. 6. No law, licensing, regulating, prohibiting, or submitting to local option, the manufacture or sale of malt or spirituous liquors, shall be referred or repealed under the provisions of this Article (amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978). Article XVII: Quadrennial Elections [ edit ] SEC. 1. The purpose of this Article is to reduce the number of elections by providing that all State and county elections shall be held only in every fourth year, and at the time provided by law for holding congressional elections, and to bring the terms of appointive officers into harmony with the changes effected in the time of the beginning of the terms of elective officers. The administrative and judicial officers of the State shall construe the provisions of this Article so as to effectuate that purpose. For the purpose of this Article only the word "officers" shall be construed to include those holding positions and other places of employment in the State and county governments whose terms are fixed by law, but it shall not include any appointments made by the Board of Public Works, nor appointments by the Governor for terms of three years (originally Article XVII, sec. 11, transferred and amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978). SEC. 2. Except for a special election that may be authorized to fill a vacancy in a County Council or a vacancy in the office of chief executive officer or County Executive, under Article XI-A, Section 3 of the Constitution, elections by qualified voters for State and county officers shall be held on the Tuesday next after the first Monday of November, in the year nineteen hundred and twenty-six, and on the same day in every fourth year thereafter (first left vacant, by Chapter 681, Acts of 1977; ratified Nov. 7, 1978; then amended by Chapter 81, Acts of 1996, ratified Nov. 5, 1996; and Chapter 261, Acts of 2014, ratified Nov. 4, 2014). SEC. 3. All State and county officers elected by qualified voters (except judges of the Circuit Courts, justices of the Supreme Court of Maryland and judges of any intermediate courts of appeal) shall hold office for terms of four years, and until their successors shall qualify (originally Article XVII, sec. 1(a), transferred and amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978. As sec. 1(a), it was amended by Chapter 10, Acts of 1966, ratified Nov. 8, 1966; Chapter 370, Acts of 1972, ratified Nov. 7, 1972; Chapter 82, Acts of 2021, ratified Nov. 8, 2022). (a) The Supreme Court of Maryland is the successor to the Court of Appeals. (b) The Appellate Court of Maryland is the successor to the Court of Special Appeals. (c) A Justice of the Supreme Court of Maryland is the successor to a Judge of the Court of Appeals. (d) The Chief Justice of the Supreme Court of Maryland is the successor to the Chief Judge of the Court of Appeals. (e) The Chief Judge of the Appellate Court of Maryland is the successor to the Chief Judge of the Court of Special Appeals. (f) A Judge of the Appellate Court of Maryland is the successor to a Judge of the Court of Special Appeals. (g) The Clerk of the Supreme Court of Maryland is the successor to the Clerk of the Court of Appeals. (h) The Clerk of the Appellate Court of Maryland is the successor to the Clerk of the Court of Special Appeals. (i) In every law, executive order, rule, regulation, policy or document created by an official, an employee, or a unit of this State, the names and titles of those units and officials mean the names and titles of the successor unit or office. SEC. 4. The term of office of all Judges and other officers, for whose election provision is made by this Constitution, shall, except in cases otherwise expressly provided herein, commence from the time of their Election. All such officers shall qualify as soon after their election as practicable, and shall enter upon the duties of their respective offices immediately upon their qualification (originally Article XV, sec. 9, transferred and amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978). SEC. 5. All officers to be appointed by the Governor shall hold office for the terms fixed by law. All officers appointed by County Commissioners shall hold office for terms of four years, unless otherwise duly changed by law (originally Article XVII, sec. 4, transferred by Chapter 681, Acts of 1977, ratified Nov. 7, 1978. As sec. 4, it was amended by Chapter 99, Acts of 1956, ratified Nov. 6, 1956). SEC. 6. The terms of the Members of the Board of Supervisors of Elections of Baltimore City and of the several counties shall commence on the first Monday of June next ensuing their appointment (originally Article XVII, sec. 8, transferred by Chapter 681, Acts of 1977, ratified Nov. 7, 1978). SEC. 7. Sections 1, 2, 3, and 5 of this Article do not apply or refer to: (1) members of any elective local board of education; or (2) the Board of County Commissioners for Cecil County (originally Article XVII, sec. 1(b), transferred and amended by Chapter 681, Acts of 1977, ratified Nov. 7, 1978. As sec. 1(b), it was amended by Chapter 10, Acts of 1966, ratified Nov. 8, 1966; Chapter 370, Acts of 1972, ratified Nov. 7, 1972. As sec. 7, it was amended by Chapter 119, Acts of 1999, ratified Nov. 7, 2000). SEC. 8. If at any election directed by this Constitution, any two or more candidates shall have the highest and an equal number of votes, a new election shall be ordered by the Governor, except in cases specially provided for by this Constitution (transferred from Article XV, sec. 4, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978). SEC. 9. In the event of any inconsistency between the provisions of this Article and any of the other provisions of the Constitution, the provisions of this Article shall prevail, and all other provisions shall be repealed or abrogated to the extent of such inconsistency (transferred from Article XVII, sec. 13, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978). SEC. 10. Vacant (repealed by Chapter 99, Acts of 1956, ratified Nov. 6, 1956). SEC. 11. Vacant (amended and transferred to Article XVII, sec. 1, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978). SEC. 12. Vacant (repealed by Chapter 99, Acts of 1956, ratified Nov. 6, 1956). SEC. 13. Vacant (transferred to Article XVII, sec. 9, by Chapter 681, Acts of 1977, ratified Nov. 7, 1978). Article XVIII: Provisions of Limited Duration [ edit ] SEC. 1. Any provision of limited duration adopted pursuant to Article XIV is set forth below. As each expires, it shall stand repealed, and no further action shall be required to remove it from the Constitution. SEC. 2. Vacant (originally added by Chapter 523, Acts of 1980, ratified Nov. 4, 1980). SEC. 3. Of the methods of election of county commissioners authorized by Section 1 of Article VII, and of members of county councils authorized by Section 3A(a) of Article XI-A, of this Act, that method in effect in each county immediately preceding the effective date of this Act shall remain in effect unless changed on or after that date pursuant to this Constitution (added by Chapter 707, Acts of 1986, ratified Nov. 4, 1986). SEC. 4. (a) For the purpose of implementing the amendment proposed by House Bill 635 of 1994 concerning the boundaries of the appellate judicial circuits from which members of the Court of Appeals are appointed, this section temporarily is part of Article IV - Judiciary Department, Section 14 of the Constitution. This section shall expire, in accordance with Article XIV, Section 1A of the Constitution, when under the provisions of subsections (b), (c), (d), and (e) of this section, all of the judges of the Court of Appeals on January 12, 1994, or their successors appointed before the effective date of House Bill 635 of 1994 have vacated their offices. (b) Except as provided in subsection (d) of this section, the provisions of House Bill 635 of 1994 may not be construed to limit or otherwise affect the terms or appointments of the judges of the Court of Appeals who are in office on the effective date of House Bill 635 of 1994. (c) The judges of the Court of Appeals in office on January 12, 1994, or their successors, shall be deemed to be serving appointments as follows: (1) Judge Robert L. Karwacki of Queen Anne's County and currently representing the First Appellate Judicial Circuit, shall continue on the Court as an appointee from the new First Appellate Judicial Circuit; (2) Judge Robert C. Murphy of Baltimore County and currently representing the Second Appellate Judicial Circuit, shall continue on the Court as an appointee from the Second Appellate Judicial Circuit; (3) Judge John C. Eldridge of Anne Arundel County and currently representing the Fifth Appellate Judicial Circuit, shall continue on the Court as an appointee from the new Fifth Appellate Judicial Circuit; (4) Judge Howard S. Chasanow of Prince George's County and currently representing the Fourth Appellate Judicial Circuit, shall continue on the Court as an appointee from the new Fourth Appellate Judicial Circuit; (5) Judge Irma S. Raker of Montgomery County and currently representing the Third Appellate Judicial Circuit, shall continue on the Court as an appointee from the new Seventh Appellate Judicial Circuit; (6) Judge Robert M. Bell of Baltimore City and currently representing the Sixth Appellate Judicial Circuit, shall continue on the Court as an appointee from the Sixth Appellate Judicial Circuit; and (7) Judge Lawrence F. Rodowsky of Baltimore City and currently representing the Sixth Judicial Circuit, shall continue on the Court as an appointee from the new Third Appellate Judicial Circuit. (d) An appointment to fill a vacancy on the Court of Appeals, following the adoption of the amendment proposed by House Bill 635 of 1994 by the voters of this State in accordance with the provisions of Article XIV of the Constitution of the State, shall be made in accordance with the provisions of Article IV, Section 14 of the Constitution of the State. (e) Each judge of the Court of Appeals in office on January 12, 1994, or the judge's successor, shall be eligible to continue to serve on the Court: (1) In accordance with the provisions of subsection (c) of this Section; and (2) Upon election from the new circuits established under Article IV, Section 14 of the Constitution of the State following the adoption of the amendment proposed by House Bill 635 of 1994 by the voters of this State in accordance with the provisions of Article XIV of the Constitution of the State, except that Judge Lawrence F. Rodowsky of Baltimore City, if otherwise eligible to continue to serve on the Court but for his lack of residence in the new Third Appellate Judicial Circuit, shall be eligible to continue to serve on the Court upon election statewide (added by Chapter 103, Acts of 1994, ratified Nov. 8, 1994). SEC. 5. (a) For the purpose of implementing the amendments proposed by House Bill 916 of 1995 concerning the membership of the Commission on Judicial Disabilities, this section temporarily is part of Article IV - Judiciary Department, Section 4A of the Constitution. This section shall expire, in accordance with Article XIV, Section 1A of the Constitution, when the terms of the members initially appointed to fill the five new memberships added to the Commission under House Bill 916 of 1995 have expired in accordance with subsection (b) of this section. (b) (1) The initial terms of the four members of the public added to the Commission under House Bill 916 of 1995 shall expire as follows: (i) Two members in 1999, and each of those members may be appointed to two full terms; and (ii) Two members in 2000, and each of those members may be appointed to one full term. (2) The initial term of the member of the Bar added to the Commission under House Bill 916 of 1995 shall expire in 1998. (c) For the purpose of implementing the elimination of one of the four judicial memberships, the following provisions apply: (1) If a vacancy exists in a judicial membership at the time the Governor issues the proclamation under Article XIV, Section 1 of the Constitution, declaring the amendments proposed by House Bill 916 of 1995 to have been adopted, a successor may not be appointed and that membership shall be terminated. (2) If no vacancy exists in a judicial membership at the time the Governor issues the proclamation under Article XIV, Section 1 of the Constitution, declaring the amendments proposed by House Bil 916 of 1995 to have been adopted, the four judges serving on the Commission may continue to serve. When the first vacancy in a judicial membership occurs, a successor may not be appointed and that membership shall be terminated. (3) If no vacancy in a judicial membership occurs before January 1, 1999, one of the two judges whose terms expire on January 1, 1999 may not be reappointed and the membership held by that judge shall be terminated (added by Chapter 113, Acts of 1995, ratified Nov. 5, 1996). Article XIX: Video Lottery Terminals [ edit ] SEC. 1. (a) This article does not apply to: (1) Lotteries conducted under Title 9, Subtitle 1 of the State Government Article of the Annotated Code of Maryland; (2) Wagering on horse racing conducted under Title 11 of the Business Regulation Article of the Annotated Code of Maryland; or (3) Gaming conducted under Title 12 or Title 13 of the Criminal Law Article of the Annotated Code of Maryland. (b) In this article, "video lottery operation license" means a license issued to a person that allows players to operate video lottery terminals. (c) (1) Except as provided in subsection (e) of this section, the State may issue up to five video lottery operation licenses throughout the State for the primary purpose of raising revenue for: (i) Education for the children of the State in public schools, prekindergarten through grade 12; and (ii) Public school construction and public school capital improvements (amended by Chapter 357, Acts of 2018, ratified Nov. 6, 2018). (2) Except as provided in subsection (e) of this section, the State may not authorize the operation of more than 15,000 video lottery terminals in the State. (3) Except as provided in subsection (e) of this section, a video lottery operation license only may be awarded for a video lottery facility in the following locations: (i) Anne Arundel County, within 2 miles of MD Route 295; (ii) Cecil County, within 2 miles of Interstate 95; (iii) Worcester County, within 1 mile of the intersection of Route 50 and Route 589; (iv) On State property located within Rocky Gap State Park in Allegany County; or (v) Baltimore City, if the video lottery facility is: 1. Located: A. In a nonresidential area; B. Within one-half mile of Interstate 95; C. Within one-half mile of MD Route 295; and D. On property that is owned by Baltimore City on the date on which the application for a video lottery operation license is submitted; and 2. Not adjacent to or within one-quarter mile of property that is: A. Zoned for residential use; and B. Used for a residential dwelling on the date the application for a video lottery operation license is submitted. (4) Except as provided in subsection (e) of this section, the State may not award more than one video lottery operation license in a single county or Baltimore City. (5) A video lottery facility shall comply with all applicable planning and zoning laws of the local jurisdiction. (d) Except as provided in subsection (e) of this section, on or after November 15, 2008, the General Assembly may not authorize any additional forms or expansion of commercial gaming. (e) The General Assembly may only authorize additional forms or expansion of commercial gaming if approval is granted through a referendum, authorized by an act of the General Assembly, in a general election by a majority of the qualified voters in the State. (f) (1) Subject to the requirements of paragraphs (2) and (3) of this subsection, from the revenues raised under subsection (c)(1) of this section and any other commercial gaming revenues dedicated to public education, the Governor’s budget submission shall include not less than the following amounts as supplemental funding for public education: (i) For Fiscal Year 2020, $125,000,000; (ii) For Fiscal Year 2021, $250,000,000; (iii) For Fiscal Year 2022, $375,000,000; and (iv) For Fiscal Year 2023 and for each Fiscal Year thereafter, 100% of revenues raised for public education under subsection (c)(1) of this section and any other commercial gaming revenues dedicated to public education. (2) The supplemental funding shall be used to: (i) Ensure access to public education that allows children in the State to compete in the global economy of the future; (ii) Provide funding for high–quality early childhood education programs; (iii) Provide opportunities for public school students to participate in career and technical education programs that lead to an identified job skill or certificate; (iv) Allow students to obtain college credit and degrees while in high school at no cost to the students; (v) Support the advancement and professionalization of educators in public schools; and (vi) Maintain, renovate, or construct public schools. (3) (i) The supplemental funding required under paragraph (1) of this subsection shall be in addition to the State funding provided through the funding formulas established in the Bridge to Excellence in Public Schools Act of 2002 for prekindergarten through grade 12 in public schools. (ii) Beginning in Fiscal Year 2020 and for each Fiscal Year thereafter, the Governor shall identify in the annual budget as introduced how the revenue required under this section is being used to supplement and not supplant spending on public education for prekindergarten through grade 12 (added by Chapter 357, Acts of 2018, ratified Nov. 6, 2018). (g) The General Assembly may, from time to time, enact such laws not inconsistent with this section, as may be necessary and proper to carry out its provisions. Article XX: Cannabis [ edit ] SEC. 1. (a) Subject to subsection (b) of this section, on or after July 1, 2023, an individual in the State who is at least 21 years old may use and possess cannabis. (b) The General Assembly shall, by law, provide for the use, distribution, possession, regulation, and taxation of cannabis within the State.