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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1956   View pdf image (33K)
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1956 CONSTITUTIONAL CONVENTION OF MARYLAND [Dec. 7]

THE CHAIRMAN: Delegate Winslow.

DELEGATE WINSLOW: Mr. Chair-
man, I would like to speak to the amend-
ment and not to the question of recon-
sideration. I am concerned about this
matter of being able to vote in an election
without sufficient residence in the area so
that it may be made relatively certain
that the voter is qualified.

I relate an experience which I had
rather recently during the only political
campaign in which I was ever a candidate.
I wrote a letter to a registered voter in
my district and then I called her on the
telephone to see if I could solicit her sup-
port. She said, but I do not live in your
district. I said, well, the registration books
say that you do. She said they are wrong.
I have not lived in that district for four
years and I have been voting elsewhere
for four years.

If this situation is at all prevalent
through the registration books of the coun-
try, it seems to me the provisions of this
particular amendment will throw wide open
the registration books to people who come
in, register from a motel, vote in the elec-
tion, and their ballot will be cast before
anybody has time to check as to whether
they are there or not.

I do not have sufficient faith in the kind
of registrations which prevail in this State
to want to cut down the possible period in
which a check may be made. I shall there-
fore vote against the amendment.

THE CHAIRMAN: Delegate Carson.

DELEGATE CARSON: I also hate to
get up again, but I would like to answer
both Delegate Marion and Delegate Wins-
low. As to the James amendment, it would
make the section read that a person would
have to be a resident of the House of Dele-
gates district in which he offers to vote as
of the time for closing of registration.

If at the time of closing of registration
you happen to live in Baltimore County,
you could vote there. If you happen to live
in Harford County, you could vote there.
Irrespective of what happened thereafter,
you would always have a place where you
could vote. It is clear if you did remove
from one place to another within the
twenty-eight day period proposal provided
by law, you would be eligible to vote in the
residence from which you removed.

So far as residence is concerned, men-
tioned by Delegate Winslow, I understand
that the legislature shall define what resi-

dence means but it has always tradition-
ally been understood to mean domicile. That
means a person goes to the place with the
intention of making it his permanent home
and living in a motel does not mean resi-
dence under the law of this state as it
exists or as the General Assembly will, I
am sure, ever enact it. I submit both argu-
ments are erroneous and I urge you to
vote in favor of reconsideration and in
favor of the motion.

THE CHAIRMAN: Does any delegate
desire to speak in opposition? Delegate
Frederick.

DELEGATE FREDERICK: I would like
to ask a question but we are not on that
particular point, being on reconsideration.
I find it very confusing when they speak
of election to know whether they are speak-
ing of primary elections or general
elections.

Now if the James amendment stands, it
would be possible then to vote in one sub-
division in a primary election and vote in
another subdivision in the general election.

As you all know, the last day for regis-
tering varies in practically every county
in the State. I hear it says in the statute
the books are open twenty-eight days be-
fore each election but that is not entirely
true. They vary.

In this particular case, I could move,
say, into a new subdivision. If I moved
there, say, twenty-eight days before the pri-
mary election, I could vote under this sec-
tion. I could register to vote in the primary
election, 28 days later, because I would be
there three months prior to the general
election. I do not think it is proper for
anybody to vote, and I do not think it is
desirable for anybody to vote in one sub-
division in the primary election and in
another subdivision in the general election.
It just does not make sense.

As far as uniformity is concerned, if we
do pass the uniform election laws or uni-
form registration, I think this can be tied
down, but we definitely have not passed it
and I would say the last day for register-
ing in various counties is different. There
is no uniformity at this present time. Un-
der this amendment you could vote in one
election in one subdivision and in the gen-
eral election in another subdivision.

THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the motion?
Delegate Gleason, do you desire to speak in
favor?

DELEGATE GLEASON: Mr. Chairman,
I am inclined to vote in favor but I do



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1956   View pdf image (33K)
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