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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 1591   View pdf image (33K)
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[Dec. 1] DEBATES 1591

which would become law in the event of a
failure of the General Assembly to act
within fifty days, that that plan of the
commission be subject to a gubernatorial
veto?

THE CHAIRMAN: Delegate Gallagher.

DELEGATE GALLAGHER: No, Mr.
Bamberger. It is the intention of the Com-
mittee that the commission plan not be
subject to gubernatorial veto.

THE CHAIRMAN: Delegate Bamberger.

DELEGATE BAMBERGER: If the
legislature enacts a plan, and that plan is
vetoed by the governor, and more than fifty
days have expired since the beginning of
the session, does the plan submitted by the
commission then become law?

THE CHAIRMAN: Delegate Gallagher.

DELEGATE GALLAGHER: Yes, it
does.

THE CHAIRMAN: Delegate Case.

DELEGATE CASE: I, too, have a ques-
tion I would like to submit to Delegate
Gallagher.

Delegate Gallagher, on line 33, the words
are found, "petition of any registered
voter", and I take it that the intention is
that the registered voter should be a regis-
tered voter of the State of Maryland.

THE CHAIRMAN: Delegate Gallagher.

DELEGATE GALLAGHER: That is
correct.

THE CHAIRMAN: Delegate Case.

DELEGATE CASE: And would it be
possible to have the Committee on Style
take this into account when the section is
recast?

THE CHAIRMAN: That will be done.

Delegate Penniman is already making a
note.

Delegate Gallagher, there is no question
about that, I take it?

DELEGATE GALLAGHER: That is
correct, Mr. Chairman. We wanted to be
certain that there was someone who had
the undoubted right to bring a suit and to
have standing and that is why we used the
particular word, "registered" voter, but we
did mean of the State of Maryland.

THE CHAIRMAN: Delegate Grant.

DELEGATE GRANT: Mr. President, I
have a further question as a result of Dele-

gate Bamberger's question. Assuming that
the governor would veto the General As-
sembly plan and the commission plan would
become law, and then the commission plan
would be found to be illegal, or rather
unconstitutional, would they then look at
the General Assembly plan? Would it go
up or would you contemplate it going up
for the same double look?

THE CHAIRMAN: Delegate Gallagher.

DELEGATE GALLAGHER: No. I would
not. If the legislature did not act in suffi-
cient time or was unable to override the
governor's veto, then the only live plan,
so to speak, would be the commission plan,
and if that were found to be illegal, then
the Court of Appeals would redistrict
solely for the impending election, and then
the process would be repeated because the
Commission and the legislature would again
have to get to the business of drawing dis-
tricts so that the Court of Appeals redis-
tricting would be good for that election
alone.

DELEGATE GRANT: You would not
contemplate, then, that there would be any
standing for the General Assembly plan
to be examined after the Commission plan?

THE CHAIRMAN: Delegate Gallagher.

DELEGATE GALLAGHER: Well, not if
the General Assembly plan has been vetoed
and the General Assembly has not over-
ridden the governor's veto by the end of
50 days.

THE CHAIRMAN: Are there any fur-
ther amendments now to sections 3.02, 3.03
or 3.03a?

Delegate Chabot.

DELEGATE CHABOT: May I ask the
Chairman of the Legislative Branch Com-
mittee a question?

THE CHAIRMAN: The Chair will per-
mit one more question and point out that
we spent two and one-half hours this after-
noon in committee presentation and ques-
tions. If we are going to continue questions
after we start consideration of committee
amendments we will never finish.

Delegate Chabot.

DELEGATE CHABOT: Delegate Galla-
gher, do I understand correctly that the
Legislative Branch Committee's intention
in section 3.02 is that the sentences be-
ginning on lines 16 and 18 are subordinate
to the sentence beginning on line 21, that
is, that the requirements of adjoining terri-
tory, natural boundaries, etc., are to apply



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 1591   View pdf image (33K)
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