Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1901-10-04
THE ELECTION LAW.


When the General Assembly of Maryland
met in 1895 the election law, as 1t then
stood upon the statute books, contained
as one of Its most important and efica
cious provisions the clause declaring that
when any person had vacated or removed
from the place of bis actual abode or hab
tation within the State, and had taken up
his domicile or dwelling place out of the
State, such removal should be taken as con
elusive evidence OF his intention TO aban-
don his legal residence in Maryland, to sur
render his right to registration as a lega!
voter In the State, unless he should make
affidavit In the form and manner provided
by the law that he did not intend TO change
his legal residence within the State, but that
he had a fixed purpose to return within
definite time, and that he intended TO take
up his actual residence within the State be
fore six months next preceding the next
general election. The law further provided
the same affidavit TO be made by all persons
leaving the State alter its passage, who de
sired to retain their legal residence within
the State, such affidavit of their intention TO
return to be made at the time of their re-
moval or within ten days thereafter. The
provisions were contained in Section IA,
Chapter 573, of the Acts of 1890.
The Republican Legislature repealed the
law and re enacted it with many amend
ments and changes, and letting down the
bars to persons going from and returning TO
the State.
In 1901 the General Assembly, Demo
cratic, called together in special session to
remedy the defects and correct the abuse of
the election laws, as we'll as to save the
State from the evil effects of the corruptly
inaccurate Federal census returns, re enact
cd the provisions of the act Of 1890 in re
gard to the affidavit required of persons
changing their legal residence 1t now
stands as part of the State election law .
This much is matter of State history.
The question of the constitutionAlity Of
these provisions OF the law is easily set at
rest. The Constitution of Maryland, in de
time of residence within the State at one
year, and the time of residence within the
Legislative district at six months; 1t further
provides that registration s an absolute es
sential to the exercise Of the right of suffrage.
A mans name must be upon the registra'
ton books, or he cannot vote. The law as
it stands aims simply to carry out the pro
visions of the Constitution by providing a
test of actual residence. That test is the
sworn intention ol the party, evidenced by
his affidavit and supported by his actual re
turn TO the State within the time prescribed.
When we come 10 look into the practical
we find at once perfectly natural and log.
ical reason for the Republican opposition to
il. 1t is frankly and candidly aimed to
eliminate the floating vote.
Tue Democratic party can not be accused
of enacting partisan legislation in restoring
this law to the Statute books, unless indeed
the Republican party is willing to concede
that Democratic partisanship consists in
conserving the true interests and protecting
the most sacred rights OF the people Of Mary
land. Maryland Is conservative State I;
her people have been born and brought up
in the belief that they have the inherent
right to govern themselves. The Republi.
can idea Is Numerically opposed to this
II seems to regard the State of Maryland as
a legitimate prize, To be seized when II can
be and delivered over bound hand and foot
TO the Republican national organization.
To accomplish this Federal and is invoked,
and the influence of Federal patronage is
brought to bear upon the floating votes in
all the counties of the State. Men who
have no longer actual residence In Mary.
land have had their names kept upon the
registration books and have voted in our
local elections
The present law puts most effective
check upon these practices. 1t says 10 the
voter: III You are citizen OF the State OF
Maryland, your right OF suffrage in the State
will be protected. |! you really intend to
make some other State your legal residence,
then leave the people of Maryland to con.
duct their own affairs
Ii is the ayowed intention of the Repub-
lican party to repeal this admirable protec.
tive feature of the law. The people of Mary.
land must see TO il that the opportunity Is
not given il -Hdgerstoson Nal