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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3004   View pdf image (33K)
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3004 CONSTITUTIONAL CONVENTION OF MARYLAND [Dec. 30]

science and not in the weighing of power
or representative accountability.

Even today in the case where the election
of the President of the United States goes
to the House of Representaives, that would
be done by secret ballot. Let's hope it does
not have to happen.

The secret ballot in the legislature would
keep the leadership of the legislature more
responsive to the membership and through
them more responsive to the electorate.

I urge the adoption of this amendment.
THE PRESIDENT: Delegate Gallagher.

DELEGATE GALLAGHER: Mr. Presi-
dent and ladies and gentlemen, we have
considered this matter once before, as
Delegate Grumbacher said. It enjoyed a
short favorable life by virtue of a tie vote,
and on reconsideration it failed.

I think we are all familiar with the ar-
guments for and against. Consequently I
would ask for a proper disposition of the
matter — opposed.

THE PRESIDENT: Is there any fur-
ther discussion?

Delegate Sherbow.

DELEGATE SHERBOW: Ladies and
gentlemen, I would certainly urge this as-
semblage to vote against this amendment.

The General Assembly ought to stand up
and be counted and let the people know
what it is that the Constitutional Conven-
tion has been talking about for 110 days
under the name "visibility". If we are to
have visibility, the proper place to start is
by eliminating secret ballots.

THE PRESIDENT: Is there any fur-
ther discussion? Are you ready for the
question?

The Clerk will ring the quorum bell.
Delegate Mitchell.

DELEGATE MITCHELL: Mr. Presi-
dent and fellow delegates, I support this
amendment. We already have the provi-
sions in the judicial branch that the poll of
the lawyers shall be by secret ballot, and I
think that this is also wise.

Now, there was no opposition or very
little opposition to that in the selection of
the judges, and I think the question of the
leadership in the General Assembly is just
as important. I think it will free the dele-
gates from partisan political considerations
in electing their leadership, and I would

like to urge the delegates to support the
amendment.

THE PRESIDENT: Are you ready for
the question? The question arises on the
adoption of Amendment No. 10 to Commit-
tee Recommendation LB-1, LB-2, LB-3 as
amended by Report S&D-16. A vote Aye is
a vote in favor of the amendment. A vote
No is a vote against.

Cast your votes.
(Whereupon, a roll call vote was taken.)

THE PRESIDENT: Has every delegate
voted?

Does any delegate desire to change his
vote?

The Clerk will record the vote.

There being 52 votes in the affirmative
and 49 in the negative, the motion is car-
ried. The amendment is adopted.

DELEGATE GALLAGHER: Mr. Presi-
dent.

THE PRESIDENT: Delegate Gallagher.

DELEGATE GALLAGHER: Among
Tuesday's bill of fare, would it be appro-
priate to inquire whether or not reconsid-
eration of the last vote would be in order?
I am trying to determine where we stand,
parliamentarily speaking.

DELEGATE JAMES: I would like to
make a motion to reconsider and make it a
special order of business for Tuesday aft-
ernoon. This just cannot be.

THE PRESIDENT: I do not think, un-
less we defer further consideration of all
of the article, which I do not want to do,
that we can handle it in that manner, un-
less the section is first divided from the re-
maining part of the article. A division
could be called for, and then it could be
handled separately.

Delegate James?

DELEGATE JAMES: I so move for the
division. Certainly we should not have such
an important thing as this when everyone
is calling for the right to know and the
newspapers are clamoring —

THE PRESIDENT: Delegate James, I
want to be sure. Are you calling for divi-
sion with respect to section 3.14?

DELEGATE JAMES: Yes.

THE PRESIDENT: The Chair rules
that it is divisible. Now do you make a
motion?



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3004   View pdf image (33K)
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