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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1382   View pdf image (33K)
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1382 CONSTITUTIONAL CONVENTION OF MARYLAND [Nov. 29]

Delegate Storm, do you still have a
question?

DELEGATE STORM: Yes, Mr. Chair-
man.

In that same section and in reference to
the same question that Delegate Marion
asked, Chairman Morgan, if Delegate
Marion received a federal appointment in
Washington or his work required him to
go to the Virgin Islands or someplace else,
and he returned after fulfilling his duties,
would he still remain a registered voter if
he kept his name on the books and had
voted frequently enough to remain a quali-
fied voter?

DELEGATE J. CLARK (presiding) :
Delegate Morgan.

DELEGATE MORGAN: Yes.

DELEGATE J. CLARK (presiding) :
Delegate Storm.

DELEGATE STORM: I think that was
Delegate Marion.

(Laughter.)

DELEGATE J. CLARK (presiding) :
Delegate Storm.

DELEGATE STORM: The word "occu-
pational" has been inserted before "quali-
fications", in other words, the governor's
appointees could have occupational qualifi-
cations specified by law. Would you ex-
plain to the Committee of the Whole why
this word "occupational" was inserted
there?

DELEGATE MORGAN: It was thought
by a majority of the Committee that with-
out the insertion of those words the legis-
lature could not prescribe occupational
qualifications.

DELEGATE J. CLARK (presiding) :
Delegate Storm.

DELEGATE STORM: Chairman Mor-
gan, in your opinion or in the opinion of the
Committee, if they differ, could other quali-
fications be prescribed, for example, in ap-
pointing commissions and boards which
would head the principal departments?
Could the legislature require that a minor-
ity party member be one qualification for
at least one of the members of the board?

I am still looking out for my brethren
of the Republican party and want to be
sure that in case a Democratic governor
should be elected again that some of these
boards and commissions could have a qual-
ification that at least one Republican or at

least two if it is a five-man board could
be appointed?

Would this be possible unless we remove
the word "occupational"?

DELEGATE J. CLARK (presiding) :
Chairman Morgan.

DELEGATE MORGAN: You will recall
that in the federal Constitution there is no
provision such as this with respect to the
President's appointments and yet Congress
has provided any number of different kinds
of qualifications: they have provided in
the case of some commissions, for example,
that no more than a majority of the mem-
bers shall be members of the same political
party.

That is just one type of qualification,
and in my opinion the General Assembly
could enact any reasonable qualification
that they thought was desirable in any par-
ticular case.

DELEGATE J. CLARK (presiding) :
Delegate Storm.

DELEGATE STORM: Would they be
able to prescribe any qualifications other
than professional since we have limited it
by saying occupational or professional
qualifications? Could they prescribe any-
thing else?

DELEGATE J. CLARK (presiding):
Delegate Morgan.

DELEGATE MORGAN: In my personal
opinion they could, but I do not think that
this necessarily operates as a limitation on
the legislature. It is not expressly there as
a limitation. It is just as an authorization
to the General Assembly.

DELEGATE J. CLARK (presiding) :
Delegate Storm.

DELEGATE STORM: I do not want to
argue this, Mr. Chairman, but I thought
that you previously said that without the
word "occupational" the legislature could
not put any such qualification in the law
providing for the appointment of a head
of a principal department.

DELEGATE J. CLARK (presiding):
Delegate Morgan.

DELEGATE MORGAN: I think it might
be desirable to broaden this language to
provide for any reasonable qualification
that the General Assembly determines to
be desirable.

DELEGATE J. CLARK (presiding):
Delegate Storm.

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1382   View pdf image (33K)
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