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THE CHAIRMAN: This prompts a
question from the Chair inasmuch as the
word would not seem necessarily to mean
general election. Is there in another rec-
ommendation anything to indicate that the
word "election" as used throughout the
article means general election? Delegate
Koss. In other words, the word election is
used numerous times in Committee Recom-
mendation S&E-2. Do you mean to indicate
that the reference is always intended to
be to a general election and not to a pri-
mary election? Delegate Koss.
DELEGATE KOSS: Mr. Chairman, will
you grant me a few minutes to look
through the Recommendation so I can make
sure that I answer it correctly?
THE CHAIRMAN: Surely. Delegate
Marvin Smith.
DELEGATE M. SMITH: May I suggest
to you, Mr. Chairman, that the language
of present section 1, Article 1 of the Con-
stitution is "next preceding the election."
And that that has been so interpreted, I
think, by courts, certainly by the attorneys
general over the years, as meaning the
general election.
THE CHAIRMAN: I understood that.
The question the Chair is asking is whether
the same word used throughout this article
is intended to refer only to general elec-
tions and has no application to primary
elections. Delegate Koss.
DELEGATE KOSS: In one section, 8,
there is reference specifically to primary
elections. Other than that, it is all in terms
of general elections. Interpretation of elec-
tions and of the election code has estab-
lished — if I may read this and then refer
you again to authority of the General
Assembly under the section on uniform
conduct of election — that they have au-
thority to provide the nomination of can-
didates. Under the election article, 33, in
the Maryland Code, I will read the defini-
tion they give of election: "Election means
the process by which voters of the State,
or any county or city thereof, vote for any
party or public officer pursuant to laws of
this State or the United States, any con-
stitutional amendment, law, public act, or
proposition and also, unless otherwise in-
dicated, shall include all elections, pri-
mary, general, special, local, congressional,
presidential, or statewide. It does not mean
any municipal election other than Balti-
more City except as otherwise specifically
provided for in this Article."
Does that answer your question?
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THE CHAIRMAN: No, I am afraid it
does not. The question I am addressing to
you is whether the provisions of the Com-
mittee Recommendation S&E-2, wherever
reference is made to election, are intended
to refer only to general elections and not
to primary elections. For instance, in sec-
tion 2, there is a reference to state elec-
tions. In section 4, there is a reference to
election. In section G there are several ref-
erences to elections. In section 7 the ref-
erence is to general elections. My question
is, did your answer to the previous question
as to what the reference to election in sec-
tion 1 meant, mean that section 2, for in-
stance, and 4, for instance, have no appli-
cation to primary elections? Is that correct?
Delegate Koss.
DELEGATE KOSS: That is correct, Mr.
President. The only place where we spe-
cifically refer to primaries is in section 8.
Otherwise, it is meant to apply only to
general elections or to elections.
One of the things, I think, I should
point out to you is that primaries in this
State require party registration and we do
not have anything in here in terms of that
as a qualification for voting.
THE CHAIRMAN: I take it that what
you are saying is, aside from the reference
in section 8 to primary elections, the only
provision in this Committee Recommenda-
tion with respect to primary elections is
the provision in section 6 authorizing the
General Assembly by public general law to
provide for the nomination of candidates.
Is this correct? Delegate Koss?
DELEGATE KOSS: That is correct,
Mr. Chairman, except that I would like to
bring your attention to the fact that sec-
tion 8 specifically refers also to primaries.
THE CHAIRMAN: Yes. Very well. Del-
egate Storm.
DELEGATE STORM: I have one in-
quiry of the Chairman.
THE CHAIRMAN: Delegate Koss, do
you yield to a question?
DELEGATE KOSS: Yes.
THE CHAIRMAN: Delegate Storm.
DELEGATE STORM: I want to be
sure. In other words, section 1, eligibility
of voters, only applies to general, federal,
state and county elections. Or does it apply
to primary elections as well?
THE CHAIRMAN: Delegate Koss.
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