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I would think that this is where our
corrupt practices law stem from rather
than from any disqualification because of
conviction, because those participating
have not as yet been convicted.
DELEGATE ROSS: I would like to an-
swer, if I might.
THE CHAIRMAN: Proceed.
DELEGATE ROSS: Delegate Rey, cer-
tainly the General Assembly has the au-
thority to protect the integrity of the elec-
toral process and to enumerate what are
crimes under corrupt practices, but they
would not have the authority of disqualify-
ing persons who have been so convicted
without this language.
THE CHAIRMAN: Delegate Lloyd Tay-
lor, do you want to speak to the question?
DELEGATE L. TAYLOR: I want to add
something to what Delegate Rey has said.
The loss of the right to vote is just one
of the civil rights lost incident to criminal
conviction. In other words, you find that
when a person is convicted of a crime,
generally speaking after he has served his
time, he also cannot hold certain types of
public offices. He cannot, for example, serve
on a jury, and if certain rights are denied
in terms of court trials and testimony, he
is also barred from participating in certain
professions and occupations. In addition,
certain governmental and private bonding and insurance companies refuse to cover
any person convicted of a crime.
Therefore, a person who has been con-
victed of a crime many times carries a dis-
ability throughout his life and I feel that
a person who has been convicted and once
served his term, should have all his civil
rights restored.
I know that this is not a constitutional
matter. Therefore, I have amended the
personal rights section, section 8, to allow
the General Assembly to restore civil
rights to any person who has been con-
victed of a crime.
We feel that a person who has been con-
victed of a crime, after he has served his
time and carries this permanent disability
is being subjected to what you call double
punishment. This should be dealt with by
the General Assembly. We think this whole
section should be eliminated from the suf-
frage and election part of this constitution.
As Delegate Rey has paid, this particular
situation can be covered by the present
laws governing our election system in the
State of Maryland.
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THE CHAIRMAN: Are you ready for
the question?
Delegate Hargrove?
DELEGATE HARGROVE: I would like
to ask the Chairman a question.
THE CHAIRMAN: Delegate Ross, do
you yield to a question?
DELEGATE ROSS: Yes, sir.
THE CHAIRMAN: Delegate Hargrove.
DELEGATE HARGROVE: Delegate
Ross, I notice that section 5 makes it man-
datory for the General Assembly to estab-
lish disqualification for a serious crime.
It likewise makes it mandatory for the
removal of such disqualifications. Why do
you make it mandatory to remove this dis-
qualification? Is it possible that the Gen-
eral Assembly might not want to remove
the disqualification and thereby be forced
to by the language of this section?
THE CHAIRMAN: Delegate Ross.
DELEGATE ROSS: Well, under the
present procedure the General Assembly
has the authority to establish the basis for
disqualification.
THE CHAIRMAN: Delegate Ross, I
think the question may be stated simply,
why did the Committee recommend the
mandatory "shall" in both clauses, rather
than "may"?
DELEGATE ROSS: Because we were
persuaded by both Delegate Rey and Dele-
gate Taylor that there should be some
recognition of the fact that when a person
has served his time in whatever terms
under the criminal statute, the General As-
sembly has the responsibility to determine
when that person shall be restored to civil
rights.
We are not saying that that is for the
purpose of election. We are not setting it
at either the expiration of his term, or the
expiration of his supervision, but we felt
it was advisable. Not only that, but the
Committee felt very strongly that if the
General Assembly established the proce-
dures and the standards for disqualifica-
tion, they should also be impelled to pro-
vide a standard for the requalification.
Under the present condition, anybody
convicted of the crime that falls into the
applicable language has to apply for a
pardon and we want to eliminate that
procedure.
THE CHAIRMAN: Delegate Hargrove.
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