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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1966   View pdf image (33K)
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1966 CONSTITUTIONAL CONVENTION OF MARYLAND [Dec. 7]

are not being considered residents of Mary-
land for the purposes of voting.

We delved into this subject as much as
we could to try to identify the number of
persons who are actually disenfranchised
by the court interpretation of the present
Constitution, and we were able to identify
about 511 persons who paid Maryland
taxes, who educate their children in Mary-
land schools, and in every other way par-
ticipate in Maryland life.

This language in section 4 grants no
special privilege to these people. All it
says is that they shall not be denied the
right to vote or be deemed ineligible only
by reason of the fact that they live on land
over which the United States exercises
jurisdiction.

It would still be necessary for them to
meet the other qualifications established to
be eligible to vote in this State.

THE CHAIRMAN: Are there any ques-
tions of Delegate Koss?

Deleg-ate Raley.

DELEGATE RALEY: Delegate Koss,
the thing1 that comes to my mind I suppose
is tied in with what is "resident require-
ments".

Let us give an example. In St. Mary's
County, there are 6,000 military personnel
at the Patuxant Naval Air Station. If
they had the right to vote, they would
have an impact on the elections in that
county.

They live on a federal enclave. If they
are residents, if they lived there for six
months, they would be able to go ahead and
register and vote. I have also heard from
the attorney general that whether they pay
taxes or not, is not necessarily a criteria
for whether they are eligible to vote.

THE CHAIRMAN: What is your ques-
tion?

DELEGATE RALEY: I am trying to
determine, are those people eligible to vote?

THE CHAIRMAN: Very well.
Delegate Koss.

DELEGATE KOSS: I would like to
quote, if I might, from the memorandum.

"All members of the military are pro-
tected in their residence status by fed-
eral legislation. Information received
from military commanders within the
state indicate that most exercise their

franchise within their states of resi-
dence, and would continue to do so. Any
that might wish to become residents of
Maryland for voting purposes would, of
course, have to become bona fide resi-
dents in terms of the definition of the
General Assembly."

THE CHAIRMAN: Delegate Raley, did
you hear the answer?

DELEGATE RALEY: Yes, I heard the
answer.

THE CHAIRMAN : I take it that Dele-
gate Koss, in connection with that, is call-
ing your attention to the provision of sec-
tion 6 that the General Assembly shall, by
public general law, define residence.

Delegate Della.

DELEGATE DELLA: Will the Chair-
man yield for a question?

THE CHAIRMAN: State the question.

DELEGATE DELLA: Delegate Koss,
does section 4 cover absentee voters that
are in the military service?

THE CHAIRMAN: Delegate Koss?

DELEGATE KOSS: I am not sure that
I understand Delegate Delia's question.

THE CHAIRMAN: Let me see if I can
paraphrase it. Delegate Della, do you mean
a citizen of Maryland who is in military
service and resident in a federal enclave
in another state?

DELEGATE DELLA: That is right.

THE CHAIRMAN: Do you understand
the question now, Delegate Koss?

DELEGATE KOSS: Well, that person's
residence would be in the State of Mary-
land and not in the military reservation
where he is temporarily stationed, and he
would be eligible for an absentee ballot as
any other registered voter in the State.

THE CHAIRMAN: What you are say-
ing is that section 4 is intended to apply
only to federal enclaves located within the
territorial limits of the State of Maryland,
is that correct?

DELEGATE KOSS: That is correct. I
do not want to confuse the issue, but it
would also seem to me that if a civilian,
say, living on a federal enclave were out
of state, he would be eligible for an
absentee ballot in Maryland.

THE CHAIRMAN: Does the answer
that the section 4 is intended to apply only



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1966   View pdf image (33K)
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