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DELEGATE KOSS: It does not apply
to primaries.
THE CHAIRMAN: It applies only to
general elections. Delegate Storm.
DELEGATE STORM: Is there then an-
other section which says how old you shall
be and how long you shall have lived in a
district and so on to be able to vote in a
primary election?
THE CHAIRMAN: The Chair takes it
Delegate Koss' answer to the Chair's ques-
tion is that the only provision in this
recommendation that would have any bear-
ing upon that is the provision of section (>,
which authorizes the General Assembly to
provide by law for the nomination of can-
didates, is that correct? Delegate Koss?
DELEGATE KOSS: Yes, sir.
THE CHAIRMAN: Delegate Storm.
DELEGATE STORM: Well, okay, but I
thought you were providing these qualifi-
cations and everything for all elections.
Are you sure?
THE CHAIRMAN: Delegate Storm, I
take it that the answer of the Committee
Chairman is to the effect that with the
exception of the very limited provisions
that I referred to, Committee Recommen-
dation S&E-2 does not apply to primary
elections and that primary elections will be
governed by such statute as is passed by
the General Assembly pursuant to the au-
thority granted by section (5. Presumably
the General Assembly could therefore pro-
vide different residence requirements for
primary election voting.
DELEGATE STORM: Thank you.
THE CHAIRMAN: Is there any fur-
ther question? Delegate Storm.
DELEGATE STORM: Can they provide
different ages and all that sort of thing for primary elections?
THE CHAIRMAN: Delegate Koss.
DELEGATE KOSS: It is certainly with-
in their province to do so. They have never
taken that option in the past and I see no
reason to suspect they might in the future;.
THE CHAIRMAN: Delegate Marion.
DELEGATE MARION: Mr. Chairman,
I had not meant to open up such a can of
worms but the reason I asked the question
about section 1 was because my under-
standing of the present constitutional lan-
guage was what Delegate Marvin Smith
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stated. As I understand it, under that
provision a person who is eligible to vote
at the time of a general election, even
though he is not eligible by the same stan-
dards at the time of the primary election,
is allowed to vote in that primary election
because he will be eligible to vote in the
general election. That applies to residence
and applies to age so that under the pres-
ent Constitution a person who will be
twenty-one years of age at the time of the
general election in November is eligible
to vote in a September primary even
though he is still twenty at that time.
But I have this further question. I am
not sure whether it is clear. Under section
G, if the General Assembly does establish
a primary election as the method for nomi-
nating; candidates in general elections, does
the rest of the language in section 6 then
apply to the system of registration of
voters and regulation of time, place, and
manner of elections?
THE CHAIRMAN: Delegate Koss, do
you understand the question?
DELEGATE KOSS: I think I do and
my answer would be that the General As-
sembly would have the authority to estab-
lish all these things with reference to a
primary. Is that a response to your
question.
THE CHAIRMAN: The Chair would
suggest it will not make any difference. I
think this is what Delegate Koss is saying
to you: that the first phrase is broad
enough, that is the phrase "provide for
the nomination of candidates," not only to
authorize the General Assembly to provide
primary elections as a method of nominat-
ing candidates, but also in connection there-
with to regulate the time, place, and man-
ner of holding such primary elections. It
would not be dependent upon the rest of
the section. Delegate Marion.
DELEGATE MARION: Mr. Chairman,
I do not think that is my question. Let me
see if I can state it more specifically. If
the General Assembly under section 6 de-
cides to establish a primary election as
the method for the nomination of candi-
dates, are they bound or mandated by the
word "shall" in that section to provide for
absentee voting with respect to those pri-
mary elections to insure secrecy of voting
and so on with respect to those primary
elections they have established?
THE CHAIRMAN: Have you finished
your question, Delegate Marion?
DELEGATE MARION: Yes.
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