shall hold at the same time more than one
office, and so forth. That is being handled
either by the Committee on Personal Rights
and Preamble or General Provisions.
We are working it out together.
Thank you very much.
DELEGATE BENNETT: May I ask the
Chairman of the Committee a question be-
fore we leave Section 3.05.
THE CHAIRMAN: Delegate Gallagher,
will you yield to a question?
DELEGATE GALLAGHER: Yes.
THE CHAIRMAN: We have not left
Section 3.05 yet.
Delegate Bennett?
DELEGATE BENNETT: As to resi-
dence qualification, as you know, Mr. Chair-
man, there are a great many government
employees who live in Montgomery and
Prince George's Counties who are residents
of another state although domiciled in those
states for a long period of time.
Is this word "resident" synonymous with
the word "domicile"?
THE CHAIRMAN: Delegate Gallagher.
DELEGATE GALLAGHER: Delegate
Bennett, the question of what constitutes
residence for voting and for holding public
office is one which has received a great deal
of different interpretation from the courts.
I am quite familiar with the latitude which
Maryland extends with respect to the ques-
tion of domicile and residence, because I
believe that basically it is a question of
intention.
One can be a resident for the purpose of
holding public office and for voting, but
without actually, physically residing in the
area.
I draw reference to the case, some years
ago, involving then Governor McKeldin,
who was constitutionally required under
the Maryland Constitution to be a resident
of the City of Annapolis while he was gov-
ernor and who was then seeking the office
of Mayor of Baltimore City, which required
under the charter that you had to be ten
years a resident of Baltimore City immedi-
ately prior to your seeking the office.
The Court of Appeals held that the facts
were such that even though the governor
was physically in Annapolis for eight years,
he had always had the intention of return-
ing to Baltimore and that, together with
other facts constituted sufficient grounds |
to render him a resident of Baltimore City
for the ten years prior to the election, even
though he was eight years in Annapolis,
where the Constitution said he should re-
side.
I think Delegate Sherbow remembers
that quite well, since he argued it success-
fully in the Court of Appeals.
THE CHAIRMAN: Delegate Koss, I be-
lieve your Committee had referred to it a
proposal that the legislature be empowered
to define by law residence for election pur-
poses. Can you tell us whether your Com-
mittee will report such a recommendation?
DELEGATE KOSS: The first section of
the second Committee recommendation in-
cludes a broad mandate to the General As-
sembly to define "residence."
THE CHAIRMAN: In the report that
is already filed?
DELEGATE KOSS: It was not filed
when I left this morning. I do not know if
it has been filed yet.
THE CHAIRMAN: S&E No. 2?
DELEGATE KOSS: Right.
THE CHAIRMAN: Is there any further
debate?
Delegate Boileau, do you have your
amendment to offer to section 3.05?
DELEGATE BOILEAU: I will not offer
the amendment.
(Applause.)
THE CHAIRMAN: Is there any further
amendment to section 3.05?
(There was no response.)
Is there any amendment to section 3.06?
We will proceed to consideration of Sec-
tion 3.12.
Delegate Chabot?
DELEGATE CHABOT: I call attention
to the letter attached to 3.06.
THE CHAIRMAN: Please distribute the
amendment. This will be Amendment No.
17 to Committee Recommendation LB-1.
The Clerk will read the amendment.
READING CLERK: Amendment No. 17
to Committee Recommendation LB-I by
Delegate Chabot: On page 2 in Section 3.06
Election of Legislators, of Committee Rec-
ommendation No. LB-I, strike out lines 40, |
