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Session Laws, 1967
Volume 681, Page 2   View pdf image (33K)
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2                                 LAWS OF MARYLAND                         [CH. 1

and that Act further provided for the number and apportionment
of the delegates to be elected to the convention from each of the
counties and from Baltimore City; and

Whereas, the General Assembly of Maryland now has under con-
sideration two proposed convention enabling acts which, among
other things, will prescribe the qualifications of and the manner of
electing the delegates to the constitutional convention; and

Whereas, a question has arisen as to whether a delegate to the con-
stitutional convention would be the holder of an office within the
meaning of Articles 33 and 35 of the Declaration of Rights and Section
6 of Article I and Sections 11 and 17 of Article III of the Con-
stitution of Maryland; and

Whereas, if a delegate to the constitutional convention would be
the holder of such an office, a further question arises as to the
validity and effect of Chapter 500 of the Acts of the General As-
sembly of 1966 by reason of the fact that it was enacted as an
emergency measure; and

Whereas, it is essential for the well-being and welfare of the
citizens of the State of Maryland that these questions be finally and
expeditiously settled and determined so that the General Assembly
may proceed promptly with the consideration of the convention en-
abling acts now before it and prescribe the qualifications of dele-
gates to the constitutional convention without the threat of litiga-
tion to determine the constitutionality of such convention enabling
acts; and

Whereas, by the Constitution of the State of Maryland, the
Circuit Courts of the State and the Court of Appeals have such
jurisdiction as may be prescribed by law; and

Whereas, it is deemed desirable by the General Assembly of
Maryland that the Circuit Court for Anne Arundel County render
a declaratory judgment on the several questions set forth in this
Act and that the Court of Appeals of Maryland review such judg-
ment on appeal or upon petition of the Attorney General; and

Whereas, the General Assembly is vitally interested in the speedy
determination of these questions, but the question has arisen whether
the Attorney General of Maryland is authorized to institute a declar-
atory judgment proceeding on behalf of the General Assembly under
Article 31A of the Annotated Code of Maryland (1957 Edition);
and

Whereas, The Board of Supervisors of Elections of Anne Arundel
County will have certain duties and functions to perform in con-
nection with the election of delegates to the constitutional conven-
tion; now, therefore,

Be it enacted by the General Assembly of Maryland, as follows:

Section 1. The Attorney General of Maryland is hereby author-
ized and directed to institute in the Circuit Court of Anne Arundel
County a declaratory judgment proceeding under Article 31A of the
Annotated Code of Maryland (1957 Edition) on behalf of the General
Assembly and the Secretary of State of Maryland against The Board
of Supervisors of Elections of Anne Arundel County and such other

 

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Session Laws, 1967
Volume 681, Page 2   View pdf image (33K)
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