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sembly sets up department A with such
and such powers and they set up depart-
ment B with such and such powers, in
order for the governor to put in depart-
ment B the powers that have been allocated
to department A, he would have to come
with an executive order back to the General
Assembly.
DELEGATE J. CLARK (presiding) :
Delegate Morgan.
DELEGATE MORGAN: He would.
DELEGATE GLEASON: He would.
DELEGATE J. CLARK (presiding) :
The Chair recognizes Delegate Marion.
DELEGATE MARION: Chairman Mor-
gan, I might direct your attention to sec-
tion 4.02. It is my understanding that the
Committee has recommended that for eligi-
bility for election as governor, there be the
requirement that the person have been a
qualified voter rather than reference to his
residence prior to election.
DELEGATE J. CLARK (presiding) :
Delegate Morgan.
DELEGATE MORGAN: That is correct.
DELEGATE J. CLARK (presiding) :
Delegate Marion.
DELEGATE MARION: Do I understand
by the use of the words "qualified voter"
what the Committee has in mind is both
someone who is eligible to vote and also
registered to vote?
DELEGATE J. CLARK (presiding) :
Delegate Morgan.
DELEGATE MORGAN: That is correct.
To be eligible for governor, the governor
will have been a registered voter for five
years immediately preceding his election.
DELEGATE J. CLARK (presiding) :
Delegate Marion.
DELEGATE MARION: Two situations
occur to me, though there may be others
which I wonder if the Committee contem-
plated, and intended in using that language.
I think first of all of a situation where a
person's registration within the State may
have lapsed temporarily between elections
if he has moved, for example, from one
county to another; or a time within that
five-year period when although he has been
a resident of the State, he may not have
been a registered Voter.
Is it the Committee's intention to make
such a person ineligible?
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DELEGATE J. CLARK (presiding) :
Delegate Morgan.
DELEGATE MORGAN: I believe it is.
He must have been a qualified voter or a
resident voter for five years immediately
preceding an election.
DELEGATE J. CLARK (presiding) :
Delegate Marion.
DELEGATE MARION: I think secondly
of this situation. It is possible for a person
to leave the State or remove himself from
the State of Maryland, but still be a quali-
fied voter of this State. If his name ap-
pears on the registration books of the par-
ticular county in which he resided when he
left.
Is it the Committee's intention that such
a person who no longer resides in the
State might be eligible for election as gov-
ernor of the State?
DELEGATE J. CLARK (presiding) :
Delegate Morgan.
DELEGATE MORGAN: In my opinion,
Delegate Marion, a man who has left the
State and whose name still appears on the
registration books is not a qualified voter,
because to be a qualified voter you have to
reside or have your domicile, at least, in
the State of Maryland.
Simply because your name happens to
remain on the books does not make you a
qualified voter, if in fact you have moved
your domicile elsewhere.
DELEGATE J. CLARK (presiding):
For what purpose does Delegate Gallagher
rise?
DELEGATE GALLAGHER : Would
Chairman Morgan mind if I addressed a
reply that might be of some help there?
DELEGATE J. CLARK (presiding) :
Delegate Morgan.
DELEGATE MORGAN: I wish you
would.
DELEGATE J. CLARK (presiding) :
Delegate Gallagher.
DELEGATE GALLAGHER: In the case
of Gallagher v. Dorsey, the Court of Ap-
peals said squarely that the question of
residency for holding public office or for
eligibility for public office is determined by
intention and mere absence from the State
would not of itself rule a man out to be
able to run for governor.
It is a very complicated factual situa-
tion; I remember in the Court of Appeals
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