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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2009   View pdf image (33K)
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[Dec. 8] DEBATES 2009

THE CHAIRMAN: The Committee of
the Whole operates on the rule that so long
as there is a quorum present, action is
taken by the majority of those present and
voting. Therefore, if the quorum is present,
if the delegates abstain, it would not have
any direct effect on the action on the
amendment.

Does any delegate desire to speak in
favor for one minute?

Delegate Macdonald.

DELEGATE MACDONALD: I would
like to support the amendment, Mr. Chair-
man.

THE CHAIRMAN: You may speak.

DELEGATE MACDONALD: I think the
majority recommendation tries to obtain a
laudable objective, namely to get the voters'
attention on local elections. But I doubt
that you can legislate enthusiasm and
interest.

Nevertheless, I see in the majority report
practical difficulties. It does not lend itself
to the process of election of judges who
serve locally, that is judges who serve on
the district court and supreme court level.
They are county officials and do not fit into
the framework which the majority here
proposes. It would also prevent any county
which wants to have its governing body
elected on a standard term basis from do-
ing so. It has too many practical difficul-
ties, it is too rigid, and I am going to sup-
port the amendment.

THE CHAIRMAN: The Chair will rec-
ognize a delegate desiring to speak for one
minute in opposition to the amendment.

Delegate Boyce.

DELEGATE BOYCE: Personal priv-
ilege, not opposition.

THE CHAIRMAN: State your privilege.

DELEGATE BOYCE: I would like the
privilege of changing because previously I
said I would vote against it. I would go
along with Delegate Gallagher and say I
am going to abstain, and then afterward
when we see what the counties wish to do
we can reconsider and then put Baltimore's
vote in the place where it ought to be.

THE CHAIRMAN: Delegate Raley.

DELEGATE RALEY: I do want to add
one sponsor's name to the amendment just
submitted by Delegates Raley, Hanson and
Scanlan. We would like to add the name of
E. J. Clarke.

THE CHAIRMAN: We can add that
when it is submitted.

Delegate Sybert.

DELEGATE SYBERT: Mr. Chairman,
as I understand it, the wording of the pro-
posed amendment will change the section
to read as follows, in line 22 of section 7:
"which time State and county officials ex-
cept in Baltimore City." Is that correct?

THE CHAIRMAN: The Chair is advised
by the Clerk that the words "except Balti-
more City" were added after the word
''coun ty." It makes a very awkward phrase.

The way line 22 would read as modified,
if the amendment is adopted, is "State and
county except Baltimore City officials shall
be elected."

DELEGATE SYBERT: Mr. Chairman,
I would suggest that, if the sponsor of the
amendment would agree, that the wording
be changed thus so as to be intelligible.

I take it that the election of state officials
in Baltimore City is not to be deferred for
a year after state officials are elected in
counties, so I assume that the sponsor
means this: "State officials and county offi-
cials except in Baltimore City shall be
elected."

THE CHAIRMAN: Delegate Byrnes, did
you hear the suggestion?

DELEGATE BYRNES: Yes, I did.
THE CHAIRMAN: Would you accept it?
DELEGATE BYRNES: I would.

THE CHAIRMAN: Is there any ob-
jection?

Delegate Henderson.

DELEGATE HENDERSON. The ques-
tion was raised about the judges. I think
they should be the subject of another ex-
ception, and I had prepared an amendment.
I do not want to confuse the issue here,
but I want to make sure that that amend-
ment will be in order, because judges, un-
der the judicial branch article, are elected
at two-year and eight-year intervals. I do
not want them to be frozen in here by use
of the words "public officials."

THE CHAIRMAN: The Chair has not
seen the amendment, but as it understands
you, the amendment would be in order as
a subsequent amendment.

Delegate Byrnes, as the Chair under-
stands your modification, it would be after
the word "officials", rather than after the
word "State", that you would add the



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2009   View pdf image (33K)
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