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THE CHAIRMAN: That is a rhetorical
question, I assume. Delegate Burdette. Del-
egate Gallagher.
DELEGATE GALLAGHER: Just a
question, Mr. Chairman.
THE CHAIRMAN: State the question.
DELEGATE GALLAGHER: I wondered
if Mrs. Bothe could tell us whether or not
people in the penitentiary could get an ab-
sentee ballot to vote in their home district.
DELEGATE BOTHE: I was able to win
without them.
THE CHAIRMAN: Are there any fur-
ther questions of the sponsor?
Delegate Koss?
DELEGATE KOSS: Mr. Chairman, fel-
low delegates, I would like to speak only
at this point to the question of eliminating
that whole section rather than specifying
the language, because I understand there
will be an amendment offered which puts
before this body the language in the draft
constitution.
THE CHAIRMAN: That is correct.
DELEGATE KOSS: I think it is since
1851, but it might have been earlier than
that, that the Maryland Constitution has
included some basis for the disqualification
of voting. It is very hard to get figures in
terms of number of people affected by these
provisions. In amplification of one question
asked Delegate Bothe, I think indeed cer-
tain persons who are not convicted of
crimes which render them immediately dis-
qualified could apply for an absentee ballot
and vote.
But in addition to the question as to
whether or not people have been deprived
of their civil rights in terms of prisons,
there is also the whole question of whether
people who seek to subvert the electoral
process should be permitted to participate
therein. This gives the General Assembly
broad flexibility and does not limit them
in the definition of serious crime. As far
as persons adjudicated non compos mentis
or mental incompetents, whatever language
you want to use, I agree that lots of people
walking around are probably less competent
to vote in elections than people adjudicated.
The problem is that there should be some
standard which protects civil rights and
therefore the adjudication standard was
used. It seems to us that both of those
long term provisions of the Constitution
should be continued. The committee would
therefore hope you would defeat the
amendment.
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THE CHAIRMAN: The Chair cannot
resist announcing that it just received from
Delegate Pullen an envelope with his com-
pliments containing three cough drops.
Delegate Wagandt.
DELEGATE WAGANDT: Would Dele-
gate Koss yield to a question?
THE CHAIRMAN: Delegate Koss.
DELEGATE KOSS: Yes, sir.
THE CHAIRMAN: Delegate Wagandt.
DELEGATE WAGANDT: I just want
to clarify one point in my own mind. If
section 5 is omitted, could the General As-
sembly still provide for some form of dis-
qualification in the area of voting?
THE CHAIRMAN: Delegate Koss?
DELEGATE KOSS: No, sir.
THE CHAIRMAN: Are there any other
questions? Delegate Bennett?
DELEGATE BENNETT: Mr. Chair-
man, I would like to support the proposal
that this section be eliminated from the
constitution. I do not agree with my good
friend, Helen Koss, that the General As-
sembly could not impose any restrictions
or disqualifications whatsoever, notwith-
standing the fact it were omitted from the
Constitution.
But let me say I am serving on a com-
mittee on the rights of the mentally ill of
the American Bar Association and we have
been much disturbed by efforts to disen-
franchise people for one reason because it
handicaps their recovery. If they feel they
are under some kind of shame or some kind
of disqualification, it makes much more
difficult their treatment.
Moreover, as Delegate Bothe points out,
well over ninety-five percent of the people
that are in mental hospitals now are there
on voluntary commitments, and to subject
them to possible disqualification is inhuman.
This Convention, I think, can well display
the breadth of vision and interest in the
well-being of their fellow citizens who come
into trouble with the income tax, for ex-
ample, or for any other matter and not
disqualify them, or not require or mandate
their disqualification. This branding of
them is in the nature of double punish-
ment and should not be permitted or au-
thorized or encouraged.
THE CHAIRMAN: Delegate Cardin.
DELEGATE CARDIN: Mr. Chairman,
may I direct an inquiry to the sponsor of
the amendment?
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