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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10875   View pdf image (33K)
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10,875

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in the light of your answer to the question asked by

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Delegate Fox.

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You indicated that if Section 303(b) were deleted,

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Section 303(c) could stand alone, although somewhat

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shakily.

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If that should happen, what would determine,

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under 303(c), the year in which congressional redistricting

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is to be effective? I am reading from lines 8 and 9.

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DELEGATE GALLAGHER: I. think, Mr. Chairman,

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that that would depend upon the will of the legislature

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as expressed in a resolution or some other indication

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that they plan to take redistricting up. Perhaps it

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might also be a court order to redistrict.

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THE CHAIRMAN: It would not be contemplated

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in that event that the Commission could be a self-

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starter, so to speak?

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DELEGATE GALLAGHER: No, sir. In order to make

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it a self-starter, we would have to provide additional

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language in 303(c). It is interesting to note that

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prior to Westbury v. Sanders' some states had not

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redistricted for as long as 40 years. Consequently,

 

I think we would need more than the language in 303(c)

 

 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 10875   View pdf image (33K)
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