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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 547   View pdf image (33K)
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[Nov. 9] DEBATES 547
matters, namely, the fractional voting, so
the Chair would rule that the amendment
is in order. However, Delegate Clark has
said he does not object to the amendment
being made typographically. He desires to
offer as an amendment to your amendment
the amendment in its original form. This
is properly a substitute, I take it?
DELEGATE J. CLARK: Yes.
THE CHAIRMAN: You have this
printed?
DELEGATE J. CLARK: Yes.
The members have a copy.
THE CHAIRMAN: This would be
Amendment No. 1 to Amendment No. 9.
In the absence of objection, the Chair
will not have it read, inasmuch as the form
of the amendment is exactly the same as
the amendment as originally typed.
Is the motion of Delegate Clark for
Amendment No. 1 to Amendment No. 9
seconded?
DELEGATE LORD: Second.
THE CHAIRMAN: The Chair recog-
nizes Delegate James Clark.
DELEGATE J. CLARK: Mr. Chairman,
ladies and gentlemen of the Committee of
the Whole, this puts us back where we
were a few minutes ago, and it places the
issue squarely before us, and it leaves no
doubt that when we vote for the smaller
number, we are also voting for the frac-
tional vote.
I believe that there are some delegates
in this assembly who would prefer this
situation, in which we now find ourselves.
I would certainly hope so.
Suppose that I should explain fractional
votes more thoroughly so that it might be
understood by all, and that we would have
questions if there are some.
When you divide the 105 into the pro-
posed population of Maryland in 1970, you
get an average figure, a mean of 37,700
per delegate. Now, when you look at the
population of the counties, there are nine
counties which do not meet this minimum.
Therefore, there are nine counties which
will not have a Delegate which they will
be able to call their own.
This amendment would say that there
will be 105 votes in the House of Delegates,
and that in each of these five counties the
vote which the delegate would be entitled
to cast would be in proportion to the popu-
lation of that county, and the lowest of any
of these decimals is one half of a vote.
They go up as high as seven-tenths, in the
case of Dorchester, I believe, so when I
divide the sum of the proportions, propor-
tional vote, this comes to five.
Therefore, you must add four delegates,
so actually you have 109 members of the
House casting 105 votes.
In the Committee we considered the
proposition that perhaps a legislative agent
might be made available to these counties
which would not have a resident delegate.
THE CHAIRMAN: For what purpose
does Delegate Case rise?
DELEGATE CASE: A point of order,
Mr. Chairman.
THE CHAIRMAN: State your point of
order.
DELEGATE CASE: It is my under-
standing that what is before the Commit-
tee of the Whole right now is Delegate
Clark's amendment to Delegate Sherbow's
amendment.
THE CHAIRMAN; That is correct.
DELEGATE CASE: And that amend-
ment merely seeks to change the numbers
back from 120 and 40 to 105 and 35.
Now, if that is true, it seems to me that
the debate, if debate there has to be, should
be limited to that and not to the question
of fractional voting.
THE CHAIRMAN: Well, I think that is
true, but it seems to me that Delegate
Clark is entitled to explain why he thinks
the amendment should be made, and I
understand that that is what he is doing
at the present time. You may proceed,
Delegate Clark.
DELEGATE J. CLARK: When we vote
on this amendment, we will be voting for
the 35-105 with the fractional vote. That
is all together in this amendment. This
was a disadvantage which we labored
under in the last vote.
I think that I would not say that there
are not some problems presented by the
fractional vote, but they are not prob-
lems which cannot be overcome. If. it is
the desire of this body to take this step as
a compromise to meet the situation in
which we find ourselves, I think it is a
good compromise and we will at the same
time accomplish the objective of keeping


 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 547   View pdf image (33K)
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