Evening star., 1930-10-30
District Voters in Maryland.

several score OtnerWlSe VOtelSSS resi-
dents of the District of Columbia, seek
ing to exercise the voting privileges of
other American citizens that would be
taken for granted but for the fact that
they live in the Capital of the United
States, have apparently thrown Mary
lands election law into confusion. AS
matters stand an important section of
the law has been declared invalid by the
lower courts. A decision by the Court
Of Appeals, upholding the lower court,
would invalidate thc section end require
legislative reme6icc
The case developed in this fashion:
Many Washington,ans owning property
in Maryland's attractive Summer col
onies on the bay, especially in Anne
Arundel County, took advantage of the
repeal of Maryland's declaration of in
tentions act by registering as voters in
the forthcoming election. The old act
required that a prospective voter, NOV
ing into the State, give declaration of
intention to become a resident a year
before the election. This act was abol-
ished, except in the Counties of Prince
Georges and Baltimore, and substi-
tute adopted by the Legislature, wherein
a new resident of the State has merely
to appear before the election officials and
make affidavit, supported by affidavits of
two citizens, that he Is in fact resident
Of Maryland. This entitled him to vote.
Dn1f%fno1 o1r,rifiaY1c fn
fact that many residents of the Dis
trict who planned to vote in Maryland
were Democrats, led to a challenge of
their right to vote. The contention of
those challenging this right was based
on the fact that the citizens from the
District were residents of the District
and not of Maryland. The case went
into the courts, and a decision handed
down in Annapolis Tuesday by the
Circuit Court for Anne Arundel County
declared the new election law invalid on
two counts. First, 1t was a violation
Of the State Constitution, in that 1t
Disseminated against Prince Georges
and Baltimore County citizens. Second,
it was In violation of the fourteenth
amendment to the Federal Constitution
in that the Maryland law described the
citizens Of States" who might register
as new voters, thus discriminating
against the citizens of Federal districts
or territories-these latter being citi-
zens Of the United States. The old law
had applied specifically to citizens of the
States as well as to the citizens of
Federal districts or territories. The
court held that the new act set up a
different procedure to govern the regis
tration Of citizens of States and the
citizens of the District of Columbia, for
instance, or Federal territories, thus
creating a difference in its treatment
Of American citizens.
The result of the lower court deci-
sion Is not expected to be serious in its
effect upon voters in the forthcoming
election. The case must be carried
higher. This may not be possible be-
fore the election, while the opinion
of the lower court affects only those
specifically named in the challenges.
avery cAUIt, uOheFeI, IS DelnB mace 10
obtain an appeal decision before next
Tuesday.
But we in the District have cause TO
be thankful that the Annapolis court
recognizes the American citizenship of
Capital residents; that it permits no
discrimination" in Marylands treat
nent Of these citizens. Their right to
claim bona fide voting residence in
Maryland on the basis of ownership
Of property and its occupation during
a period Of the year is another matter,
one for the State of Maryland to de-
eide. II 1t is finally held that these
Summer residents may vote, we Mlall
have the interesting spectacle of a por-
ton Of the American residents of an
American community permitted the
rights Of Americans because of their
ability to own Summer cottages, while
another portion of the community will
be denied these rights because of the
unfortunate circumstances that deny
to them the privilege Of owning proper
ty in neighborly Maryland.
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