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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1920   View pdf image (33K)
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1920 CONSTITUTIONAL CONVENTION OF MARYLAND [Dec. 7]

municipality, this provision might make it
possible for municipal elections of a rather
large community to be controlled by out-of-
state voters protecting their financial in-
vestment against the desires of the resi-
dents.

If there is one trend in which all of the
states are consistent, it is the trend to
abolish the property qualifications for vot-
ing. No state has added such a provision
in over 100 years. Maryland has no such
provision now. Communities such as Ocean
City have been permitted to deviate from
the Constitution only because an 1896 court
decision, Hannah v. Young, found that
municipalities were not bound by the Mary-
land Constitution. The minority thinks that
deviations from state standards have
proven that decision unwise. Maryland
ought not to become the first State in over
a century to enshrine a property qualifica-
tion for voting in its constitution.

Mr. President, members of this Conven-
tion, we have approached the concept in
this Convention that property will not be
a qualification for voting nor for holding office.

I believe this Convention, before it
has finished its work, will state in very
firm and understandable terms that good
citizenship, and loyalty to America, have
no direct connection with the amount of
wealth that one possesses. To permit any
unit of government to use property or
other economic considerations for voter
qualifications is the same as serving public
notice to all poverty stricken citizens of
Maryland that they are not only unequal
in their quest for housing, education, job
opportunity, health, and personal security,
but that they are unequal at the ballot box
despite the sometimes illusory loyalty to
the Star Spangled Banner.

The Supreme Court concept of one man
for one vote is violated by the concept
embraced in the majority report. The vote
of the local resident is diluted by the vote
of a non-resident while the non-resident
may have a local vote where he is domiciled
in another Maryland municipality.

In fact, if the words we propose to delete
are left in section 2, we will have the
possibility of one American citizen voting

for mayor in three or four different mu-
nicipalities in the same election period.

I believe I can expect the support during
the discussion period from those friends of
mine from Garrett County, from Dorchester
County, and from all areas of Maryland
who cry that every man has a right to have
a delegate of his own. I wonder if they

would reserve the right of every citizen of
a municipality to have a mayor of his own
or would they prefer that by including this
section 2, in the Constitution they want
every man to have three mayors of his
own and three city councils of his own. I
know those gentlemen reason with great
logic and consistency. I shall expect their
support during the debate period.

Mr. Chairman, those of us in the mi-
nority have no lack of concern for the well-
being of non-residents or people who are
citizens domiciled in one community. We
are concerned about their property in an-
other municipality. We have a state gov-
ernment. Each local unit has a form of
government. We have county governments.
We have fire departments and police forces.
In fact, all the areas of concern are gov-
erned, in the absence of a vote or an addi-
tional vote by non-residents.

Mr. Chairman, in order to go to the con-
trolled discussion period, I shall not con-
sume much more of your time. But I feel
happy this morning in view of the fact
that I heard the colorful and distinguished
gentleman from Dorchester County state
on this floor the other day — in fact, he told
me this personally — that he was not going
to discriminate any more. I am g-lad he is
entering" now. He said I could count on his
support in attempting to exclude from this
Constitution something which will be dis-
criminatory. So I too shall welcome his
support feeling that he will give this pro-
posal introduced by the minority a chance
to prevail.

So at this time, Mr. Chairman, I con-
clude my presentation. If there are any
questions, provided they are not too tech-
nical or legal, I shall attempt to answer
them. I rest my case primarily not on my
knowledge of the law, but on a feeling" of
what is fair play and on the fact that the
minority is firmly convinced that no good
will be served by extending an extra vote
to Maryland citizens who do not reside in
the municipality in which they propose to
vote and whose inclination to exercise such
a vote rests solely and completely on the
fact that they own property in said local
unit. Thank you, Mr. Chairman.

(First Vice-President James Clark as-
sumes the Chair.)

DELEGATE J. CLARK (presiding):
The Chair recognizes Delegate Gullet.

DELEGATE GULLET: On section 2, it
seems to me there is a difference of opin-
ion. Maybe this is a legal matter, Delegate



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1920   View pdf image (33K)
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