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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2016   View pdf image (33K)
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2016 CONSTITUTIONAL CONVENTION OF MARYLAND [Dec. 8]

The Chair recognizes Delegate Cardin.

DELEGATE CARDIN: Mr. Chairman,
"or in the case of Primary Elections, be-
come the nominee for".

THE CHAIRMAN: The whole phrase?

DELEGATE CARDIN: The whole
phrase.

THE CHAIRMAN: The suggestion is to
strike from lines 32 and 33 "or in the case
of Primary Elections, become the nominee
for". All of that will be stricken.

DELEGATE CARDIN: Until yesterday,
I did not realize fully that this was the
only area where the term primary elec-
tions is mentioned and that it could cause
some confusion in future reading of the
meaning of "election".

Nowhere in this article did we anticipate
"election" would be considered to include
primary elections, but rather that it would
refer to the "General Election".

Since section 6 provides that the Gen-
eral Assembly shall by public general law
provide for the nomination of candidates,
we felt it would be best for the under-
standing of this entire section to remove
the one and only reference to primaries.

THE CHAIRMAN: Are there any ques-
tions of the sponsor of the amendment?

Delegate Bamberger.

DELEGATE BAMBERGER: Delegate
Cardin, the language in section 8 required
only a plurality vote to win a primary
election, but by removing1 that language,
the General Assembly in providing for
primary elections would be able to require
a majority vote and for run-offs in pri-
maries. Is that correct?

THE CHAIRMAN: Delegate Cardin.

DELEGATE CARDIN: I do not know.
This is the problem that was raised. Would
the nomination, which is the primary, qual-
ify as an election? If, however, it is only
a nomination, not a full election, the Gen-
eral Assembly would handle it that way.
It was assumed all pluralities would be
handled in the same fashion.

THE CHAIRMAN: Delegate Case.

DELEGATE CASE: Delegate Cardin, is
it my understanding that the purpose of
this amendment is to take the governing
provision relating to primaries completely
out of the constitution?

THE CPIAIRMAN: Delegate Cardin.

DELEGATE CARDIN: This is the only
reference to primary in the entire consti-
tution. We do not use the phrase in this
section at all. We do not allude to primary,
and actually we have made no other pro-
visions in the reading of this for primaries.

THE CHAIRMAN: Delegate Case.

DELEGATE CASE: Let me put the
question to you a little differently.

Will section 8 control or govern pri-
maries if this language is taken out?

DELEGATE CARDIN: I do not believe
it would.

THE CHAIRMAN: Delegate Case.

DELEGATE CASE: Is it that the rules
and procedures relating to primaries,
absent the language that you seek to strike
here, would be entirely governed by the
legislature?

THE CHAIRMAN: Delegate Cardin.

DELEGATE CARDIN: Yes, it would
be.

THE CHAIRMAN: Are there any fur-
ther questions of the sponsor of the amend-
ment?

Delegate Storm.

DELEGATE STORM: Mr. Chairman, I
just wish to observe that Mrs. Cardin
stood up to Mr. Case very well, and this
can serve as an example to anyone who
may be afraid of him.

THE CHAIRMAN: Delegate Chabot.

DELEGATE CHABOT: Will Delegate
Cardin yield for a question?

THE CHAIRMAN: You may state the
question.

MR. CHABOT: I have gotten a bit
confused by your responses to Delegate
Bamberger in light of your responses to
Delegate Case. Would the removal of this
clause change the substance so that now
the General Assembly would be permitted
to provide for run-off primaries?

THE CHAIRMAN: Delegate Cardin.

DELEGATE CARDIN: If that is the
way I answered, that is not what I in-
tended. It seems that in view of the present
Constitution and the present laws govern-
ing elections that, although primaries are
held according to the same general laws
and are controlled by the General Assembly
for the purpose of elections, they are not



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2016   View pdf image (33K)
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