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MR. SMOLKA: No, I don't.

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THE PRESIDENT: Delegate Bamberger.

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DELEGATE BAMBERGER: Delegate Fox stated he

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thought other provisions in either the state or federal

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Constitution would prohibit the General Assembly from

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requiring ownership of property. There is a case that was

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decided by the New York Court of Appeals on October 26.

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I only have an excerpt from it, because the

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entire opinion was not available. There was a New York

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law which required the elected office holders of townships

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to own property, and the New York Court of Appeals held that

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that violated both the equal protection and the due process

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clauses of the federal Constitution.

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I don't know of any other opinion on the subject.

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I have not been able to get the full text of that opinion.

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If that is correct, then I think Delegate Fox is quite

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correct that everything that is attempted to be done

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by 2.05 is done by either the federal Constitution or

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by section 2.02, which would permit the municipal corporation

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to establish qualifications for property ownership by

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non=resident voters, but not by resident voters.