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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2018   View pdf image (33K)
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2018 CONSTITUTIONAL CONVENTION OF MARYLAND [Dec. 8]

of section 8 applied. Since we recognized
that the legislature might be, as a result
of the '66 primary or some similar oc-
casion, tempted to provide for primary
elections, we felt it was appropriate to put
it in the constitution.

THE CHAIRMAN: Does any other dele-
gate desire to speak in favor?

Delegate Clagett.

DELEGATE CLAGETT: If Delegate
Chabot would yield for a question.

THE CHAIRMAN: Will Delegate
Chabot yield to a question?

DELEGATE CHABOT: Certainly.
THE CHAIRMAN: Delegate Clagett.

DELEGATE CLAGETT: In reference
to line 33 of section 8, by including pri-
mary elections, do you not define the word
"elections" to include primaries?

THE CHAIRMAN: Delegate Chabot.

DELEGATE CHABOT: No, sir. We
simply are indicating in this provision
that the legislature has a wide choice in
determining how nominations may be made.
It may use primary elections, conventions,
or any other procedure it wants.

When it chooses to use the method of a
public primary, then this is one condition
that the legislature may not impose upon
that method of nomination. That is all we
intended, and I submit that is all we ac-
complish by this language.

THE CHAIRMAN: Does any other
delegate desire to speak in favor of the
amendment?

Delegate Byrnes.

DELEGATE BYRNES: I would like to
inquire whether or not section 8 applies to
general elections for federal, state, county
and municipal officials?

THE CHAIRMAN: Delegate Koss.
DELEGATE KOSS: Yes, it does.

THE CHAIRMAN: Is there any fur-
ther discussion?

Delegate Burdette.

DELEGATE BURDETTE: I should like
to ask the Chairman of the Committee, if I
may.

THE CHAIRMAN: Will Delegate Koss
yield for a question?

DELEGATE KOSS: Yes.

THE CHAIRMAN: Delegate Burdette.

DELEGATE BURDETTE: Does the
Chairman of the Committee also under-
stand that section 8 as the language im-
plies would have such meaning, in the
event that primaries are required as a
method of elimination? This interpretation
is shared by Mr. Chabot.

THE CHAIRMAN: Delegate Koss.

DELEGATE KOSS: We were not in any
sense mandating an election for the pur-
pose of nominating candidates. This still
is within the framework of the power of
the General Assembly, but just if they
chose that method, in that even.

THE CHAIRMAN: So there will be no
misunderstanding, will the Chairman of
the Committee on Style please note that
the Committee intends the phrase that is
the subject of Amendment No. 17 to mean
that in the event the amendment is de-
feated the General Assembly provides for
nomination of candidates by means of
primary elections, and candidates shall be
selected by plurality.

Is there any further discussion?
(There was no response.)
Are you ready for the question?
(Call for the question.)
Delegate Carson.

DELEGATE CARSON: Mr. Chairman,
I will be brief and apologize for taking the
time of the Committee, but I think Dele-
gate Koss' last statement is not consistent
with putting this in here.

If the Committee does not desire that it
be mandated that there be primary elec-
tions, I suggest it would be very dangerous
to include a provision dealing specifically
with them in this manner. Regardless of
her statement I am not at all sure the
courts would follow her one-sentence col-
loquy.

I urge you to vote in favor of the amend-
ment against this language in the Con-
stitution.

THE CHAIRMAN: Delegate Sickles.

DELEGATE SICKLES: I am going to
vote in favor of the amendment. My only
problem is I cannot figure out any way to
make it retroactive. (Laughter).

THE CHAIRMAN: Are you ready for
the question?



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2018   View pdf image (33K)
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