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MSA SC 5339-225-4
CollectionResearch and Educational Projects at the Maryland State Archives
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Dates2009/03/02
Medium
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StorageContact the Department of Special Collections for location.
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Christine/Emily/Diane

The snow is doing a good job of getting in the way of my helping on this inquiry. If you get in, do what you can. The two main questions are

1) the history/nature of the procedure by which this defeated issue is being brought back up for debate

2) whether the procedure has ever led to a reversal on an issue (Senator Gladden seemed to think so with regard to the use of the procedure by Senator Coolahan when the death penalty was reinstated? in 1978?

I particularly would like to see the study referred to by Agnew:

The last formal study of capital punishment conducted for the State was in 1962 by a special committee appointed by the Legislative Council and headed by Ralph G. Murdy. This committee held ex- tensive public hearings, compiled a considerable amount of factual data and recommended, by a vote of 5 to 2, that capital punishment be abolished in Maryland.

I suspect that the procedure for the Substitute Motion is derived from procedures in the U. S. Senate and/or House. Jefferson describes the process of a substitute motion at length in his Manual of procedure (especially Rule XIX).

Link to Google Books

Montana has a good explanation of a substitute motion in that State while in Committee:

Link to Archive.org

A member who disagrees with the original motion may make a substitute motion. For example: "As a substitute motion to the motion pending, I move to lay (House) (Senate) Bill No. on the table." However, no more than one substitute motion may be offered on top of the original motion. Adequate discussion should be allowed before voting on each motion, and under rules of parliamentary procedure, the substitute motion offered is voted upon first. If that motion fails, the original motion is reverted to and voted upon. The chairperson may announce that without objection the vote on a substitute motion is considered the reverse of the vote on the main motion if they are opposing motions. (It is possible but rare that a member, feeling that a bill should be further refined before a recommendation is made to the full body for "do pass" or "do not pass", would vote against both motions.)

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