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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2036   View pdf image (33K)
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2036 CONSTITUTIONAL CONVENTION OF MARYLAND [Dec. 8]

THE CHAIRMAN: The amendment hav-
ing been seconded by Delegates Raley, E. J.
Clarke, Macdonald, Scanlan, Gallagher and
Moser, the Chair recognizes Delegate Han-
son.

DELEGATE HANSON: Mr. Chairman,
this amendment retains intact the first
paragraph, section 7 as reported by the
committee, establishing general elections in
each even-numbered year. Secondly, it pro-
vides that in each fourth year beginning
in 1970 state officials shall be elected.

It provides, however, the exception neces-
sary for elections of judges to make this
section consistent with that already adopted
in the judicial article. Thus it will be pos-
sible for judges to run at the next general
election following their appointment.

Thirdly, I believe that it meets the prob-
lem with which we were confronted this
morning of attempting to make a special
exception for Baltimore City, but not make
exceptions for other counties. It provides
the maximum degree of flexibility desirable
under the Constitution. It would permit
local governments, which will have to adopt
charters under the local government ar-
ticle already adopted by this Committee of
the Whole, to determine whether they
should like to have their elections fall in
the same year as state elections, the same
year as Presidential elections, or in an odd-
numbered year.

It would leave the power to the General
Assembly to reconcile the dates of elections
if too much confusion arose or would give
the General Assembly the right, as under
the local government article already
adopted by this Convention, to by general
public law provide a specific time in which
all local elections should be held.

It would seem, then, in the light of our
debate this morning, that the greater
wisdom of this Convention ought to be to
trust in the wisdom of the General As-
sembly, as events and circumstances indi-
cate, to provide for the times of local elec-
tions if it need so to do by law, and other-
wise to permit the local governments
through their charters to provide for that
situation.

Finally, this amendment allows counties
where there are officials who serve on a
staggered term basis to continue this prac-
tice, and permits any elected boards that
might be established under charter which
operate on a staggered term basis to hold
those elections in even-numbered years for
the number of those people who happen to
be up for election at that time. The only

example of a body with staggered terms
which I know of at present is the Mont-
gomery County School Board which con-
sists of seven members, four elected in
one even-numbered year, and three elected
in another even-numbered year.

I think this amendment meets the prob-
lems which we were confronted with this
morning.

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

Delegate Barrick?

DELEGATE BARRICK: Yes, I have a
question of the sponsor.

It seems to me that there is one area
of flexibility that is covered by this amend-
ment. As I understand your amendement,
you could not have by law, the metropolitan
areas of our State having their elections
at the same time as the state elections and
have the rural areas have their election
at some other time, or vice versa, is that
correct?

THE CHAIRMAN: Delegate Hanson.

DELEGATE HANSON: If the General
Assembly provides, by general public law,
as that term is defined in the local govern-
ment article, for a single election date,
there would be a single election date.

If it withdraws the authority of the local
governments to determine the dates of their
elections and grants back the option to
those local governments to have their elec-
tions as their charters may determine, then
they may have them as their charters may
determine.

I would also think that it would be possi-
ble for the General Assembly to provide, as
I understand the general law provision en-
acted in the local government article, by
general law for the holding of elections
but permit particular jurisdictions to opt
for a different date.

THE CHAIRMAN: Do you have a further
question, Delegate Barrick ?

DELEGATE BARRICK: Yes, I would
like you to repeat the last sentence. I do not
think I followed you.

THE CHAIRMAN: Delegate Hanson.

DELEGATE HANSON: It would be pos-
sible, as I understand the definition of
general public law which has been adopted
by this Committee, to permit the General
Assembly to enact a general law regarding
elections, but to permit specific counties to



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2036   View pdf image (33K)
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