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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 1521   View pdf image (33K)
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[Dec. 1] DEBATES 1521

Cast your vote.

Has every delegate voted? Does any
delegate desire to change his vote?

Delegate Boyce.

DELEGATE BOYCE: Just in light of
the resolution last night and the game to-
morrow, I would like to answer this one
Aye Aye, sir.

THE CHAIRMAN: The Clerk will re-
cord the vote.

There being 89 votes in the affirmative
and 4 in the negative the motion is carried
and the amendment is adopted.

Any amendments to section 4.24?
The Chair hears none.
Any amendments to 4.25?
Delegate Sickles.

DELEGATE SICKLES: I do have an
amendment to section 4.25. I do not think
it is completed yet. I looked a few minutes
ago.

If we could come back to this section
when it is completed, I will appreciate it.

THE CHAIRMAN: Very well.
Any other amendments to Section 4.25?
The Chair hears none.
Any amendments to Section 4.26?
The Chair hears none.
Any amendments to Section 4.27?
The Chair hears none.
Delegate Byrnes.

DELEGATE BYRNES: Mr. Chairman,
I presume by that you mean line 12, state's
attorneys?

THE CHAIRMAN: Yes.

DELEGATE BYRNES: I would like to
call for Amendment B.

THE CHAIRMAN: The Chair incor-
rectly referred to it as section 4.27. It is
Section "Blank."

It shall be Amendment No. 25. The Clerk
will read the amendment.

READING CLERK: Amendment No. 25
to Committee Recommendation EB-1 by
Delegate Byrnes: On page 10 Section ,
State's Attorney, line 19, after the period
insert the following:

"Candidates for the office of state's at-
torney may cross file in party primary elec-
tions and shall run in party primary elec-
tions and in general elections without party
designation."

THE CHAIRMAN: The amendment is
proposed by Delegate Byrnes; is there a
second?

(The amendment was duly seconded.)

THE CHAIRMAN: The amendment hav-
ing been seconded, the Chair recognizes
Delegate Byrnes to speak to the amend-
ment.

Under the rules, Delegate Byrnes is al-
lowed ten minutes to speak in favor of the
amendment including questions. If there
are any questions to be asked the sponsor,
please ask them now.

Delegate Byrnes.

DELEGATE BYRNES: Mr. Chairman,
this is an outgrowth of a number of pro-
posals submitted earlier by the delegates of
the Committee. The essence of them all is
to recognize that the present term of state's
attorneys and jurisdictions is not respon-
sive to the modern problem presented by
the crime enforcement problem.

We originally suggested that there be an
appointed state's attorney in certain dis-
tricts established by law. It has come to my
attention that subsequently it developed
that there was not a great deal of support
for this, virtually none. In the spirit of
compromise that we are in, I being the
sole dissenter with 141 against me, I sug-
gest that we may want to compromise
here too.

For those who were not present at the
time I questioned Delegate Morgan when
he presented the executive branch recom-
mendation, I asked him three very impor-
tant questions.

I asked him first of all whether or not
the executive branch had originally de-
cided to put in the scheduled legislation the
language of this amendment, and his an-
swer was yes.

Then I asked him whether or not it had
been withdrawn, because it had been sug-
gested to him that this was inappropriate
to the scheduled legislation, and he said
yes again.

Thirdly, I asked him whether or not the
state's attorneys who had testified before
that Committee had indicated that they
would look with favor upon this kind of



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 1521   View pdf image (33K)
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