|
THE CHAIRMAN: Does any other dele-
gate desire to speak in opposition to the
amendment.
DELEGATE RYBCZYNSKI: Yes, sir.
THE CHAIRMAN: Delegate Rybczynski.
DELEGATE RYBCZYNSKI: Mr. Chair-
man, I know there is a little laughter go-
ing on around about this amendment and
section, but it is a very serious matter.
If you look at section 3.05 as adopted by
this assembly, one of the qualifications for
senator or delegate is that the person must
be a voter so it is not just a question of
pulling the lever.
Also in section 4.02 in order to qualify
for governor and, I suppose, other offices,
one must be a qualified voter. This is not
a light subject but a serious subject. We
would not want somebody on the ballot for
governor who has a committee appointed
to protect his own interest in real estate
and other affairs. It is a serious matter
and I strongly suggest you go along with
the committee recommendation.
THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment? Delegate Koss, will you take the
floor to yield to a question? Sorry. Delegate
Bothe, will you take the floor to yield to a
question?
DELEGATE BOTHE: Yes.
THE CHAIRMAN: Delegate Cardin.
DELEGATE CARDIN. The question I
was going to ask was answered by Delegate
Rybczynski that it would permit a qualified
voter, since that is the only qualification,
to run for office from any penal institution.
THE CHAIRMAN: Delegate Bothe.
DELEGATE BOTHE: May I speak in
favor further?
THE CHAIRMAN: You may.
DELEGATE BOTHE. And in answer to
some of the questions raised in a serious
vein. As to the question of whether a felon
or insane person would run for office, I am
not at all concerned about that. I do not
see any reason why a convict cannot file
for office. If the voters want to elect him,
that is their affair. If these same people
want to put him in office, I suppose that
is the way it will have to be.
Again I emphasize that most of the
people who are insane in medical terms are
not adjudicated non compos mentis. You
are not getting rid of lunatics in politics
by this provision in the constitution.
|
As to the absentee voter question, it is
my understanding, if I am incorrect I
would apperciate the Chairman of the Com-
mittee or someone enlightening me, that in
order to have an absentee vote, the legis-
lature must make provision for same.
People in the armed services and in other
gainful occupations are entitled to vote to
cast absentee ballots, but I do not know
that any provision would have to be made
to accommodate those who are in penal
institutions of the State.
THE CHAIRMAN: The Chair, for pur-
poses of clarification, wishes to state that,
as he understands the intent of the Com-
mittee and the purpose of Committee Rec-
ommendation S&E-2, the elimination of
this section would not authorize the legis-
lature to impose any qualifications on the
right to vote stated in section 1.
I think that was what Delegate Bothe
said but I do not want any misunderstand-
ing to arise from the remarks made in
course of debate.
Are you ready for the question?
(Call for the question.)
The Clerk will ring the quorum bell.
Delegate Burdette.
DELEGATE BURDETTE: I want to
say I shall somewhat reluctantly have to
vote against this amendment. I have to take
the floor to say so because in the Consti-
tutional Convention Commission and in
many conversations subsequently I have
gone almost this far, but not quite.
I can agree with Delegate Bothe entirely
in all that she says except in actually al-
lowing persons who are incarcerated in
prisons to cast the franchise. I cannot go
that far because I think they could be a
controlling vote and I would not be willing
to do it.
THE CHAIRMAN: Delegate Bennett.
DELEGATE BENNETT: Mr. Chair-
man, in my official life I have been respon-
sible for 750,000 men in prison at different
times and never once did any one of those
felons ever vote in any election. Even the
illustrious former governor of Massachu-
setts who went to prison for matters that
perhaps I had better not go into at this
moment and tried to and failed, as Senator
Beall said. The first time he went there was
for taking an examination for one of his
friends, but later on he went there for
violation of a federal statute. He tried to
retain his governorship at that time in
|
