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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2962   View pdf image (33K)
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2962 CONSTITUTIONAL CONVENTION OF MARYLAND [Dec. 29]

THE PRESIDENT: That is not a parlia-
mentary inquiry. It does not make any diff-
erence because you are going to be working
both days and you only get paid once for
each day.

This will be Amendment No. S. The Clerk
will read the amendment.

The Chair would like to finish considera-
tion of this article. It will not take us long.
There are not very many amendments left.
The Clerk will read the amendment.

READING CLERK: Amendment No. 8
to Committee Recommendation No. EB-1
and EB-2 as amended by Report No. S&D-
13, by Delegate Morgan, Chairman of the
Committee on the Executive Branch: on
page 8, section 4.19, Election of Attorney
General in lines 12 through 15 strike out
the following: "The attorney general shall
be elected at the same .time, in the same
manner, and for the same term as the
Governor." and insert in lieu thereof the
following: "The attorney general shall be
elected for a term of four years by the
voters of the State and shall serve until
his successor has qualified. The term of the
attorney general shall begin on the first
Wednesday in January following his elec-
tion unless that day is a legal holiday in
which case his term shall begin on the
next day."

THE PRESIDENT: The amendment as
submitted by Delegate Morgan. Is there a
second?

(The amendment was duly seconded.)

THE PRESIDENT: The Chair recognizes
Delegate Morgan.

DELEGATE MORGAN: Mr. President,
this is purely a clarifying amendment to
clarify the executive branch article that
came from the Executive Committee. It
attempted to incorporate in the attorney
general provision, and also in the comp-
troller provision, the election provision
with respect to the governor.

We found that did not work very well
because there is a provision in the election
of the governor where if a governor and
lieutenant governor both die during the first
year of their term, then you have another
election for governor. Now we did not want
to have another election for attorney gen-
eral so we thought it was necessary to
spell out in both the attorney general sec-
tion and the comptroller section what we
specifically meant in the election provision
for the attorney general and comptroller
and that is all this amendment does.

THE PRESIDENT: Is there any further
discussion ?

Are you ready for the question ?
Delegate Case.

DELEGATE CASE: Will you yield to a
question ?

THE PRESIDENT: Will the chairman
yield ?

DELEGATE MORGAN: I will.
THE PRESIDENT: Delegate Case.

DELEGATE CASE: If the term of the
attorney general starts on a legal holiday
and goes for four years and another attor-
ney general is elected, would it be possible
under this to have two attorney generals
for one day?

THE PRESIDENT: Delegate Morgan.

DELEGATE MORGAN: That would be
theoretically possible.

THE PRESIDENT: Delegate Case.

DELEGATE CASE: Mr. President, the
Chairman of the Committee on Style
tells me that in that case there will be two
governors, too, so I think it is all right.

THE PRESIDENT: I was just looking at
that, and I had a faint recollection that
Delegate Chabot raised this question long
ago and worked out an amendment to cover
it, and I cannot remember what section it
was.

It is in the legislative branch.

Well, may I request the Committee on
Style to consider that language in the arti-
cle on the legislative branch together with
this when it has this next under considera-
tion. It pertains to section 4.05 as well as to
section 4.11).

Delegate Beatrice Miller.

DELEGATE B. MILLER: Mr. Chairman,
I assume it is the intention of the Chair-
man that the term of the attorney general
shall begin, or he shall be elected, at the
same time as the governor.

THE PRESIDENT: Delegate Morgan.
DELEGATE MORGAN: That is correct.

THE PRESIDENT: Is there any further
discussion ?

(There was no response.)
Are you ready for the question?
(Call for the question.)



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 2962   View pdf image (33K)
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