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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10790   View pdf image (33K)
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10,790

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has to be conducted. As indicated in the old Constitution,

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sometimes the Governor conducted it. It could be conducted

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by a Grand Jury or a Commission. I would leave that

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strictly up to the General Assembly. After the investigation

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is conducted, it would be subject to a judicial review.

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This also falls in the same lines as the old Constitution.

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It would insure that there is some type of judicial

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review to prevent this being used as a political shillelagh.

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The other thing is for the appointment then

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of somebody to take the office after you have the man

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removed, and in this case it provides that the General

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Assembly shall provide it. Generally it is provided by

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giving the power to the Governor. However, there may be

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some reason why the General Assembly would want to deal

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with it in another manner.

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The only provision which is put in which is

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not part of the old Constitution is that the man should

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be of the same political party. This would obviate this

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being used for political purposes, and the man simply

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fills out the remainder of the unexpired term. It is

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not tantamount to the new election, the next occasion

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10790   View pdf image (33K)
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