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COMMITTEE OF THE WHOLE
DECEMBER 1, 1967—7:56 P.M.
PRESIDENT H. VERNON ENEY,
PRESIDING
THE CHAIRMAN: The Committee of
the Whole will please come to order. We
resume debate under Debate Schedule 7
considering together sections 2.02, 2.03 and
2.03 (A).
Further amendments to section 3.02?
Delegate Gallagher.
DELEGATE GALLAGHER: Mr. Chair-
man, there are two items in section 3.02
that we have been discussing during the
dinner recess. One pertains to the question
of protection of Smith Island and islands
of like consequence and the other pertains
to the question of the impact of the sen-
tence on natural boundaries of political
subdivisions which the Committee experts
have been trying to work out. I will find
if there has been any agreement.
THE CHAIRMAN: Delegate Adkins.
DELEGATE ADKINS: Substantial
agreement. The staff has agreed to try to
refine the language.
THE CHAIRMAN: Very well. We can
pass it and come back to it.
Are there any further amendments to
section 3.02?
The Chair hears none.
We will proceed to a consideration of
section 3 — I am sorry, Delegate Dulany.
DELEGATE DULANY: Mr. Chairman,
I also have an amendment which is in the
process of being prepared.
THE CHAIRMAN: What section?
DELEGATE DULANY: Section 3.02.
THE CHAIRMAN: It is not yet ready?
DELEGATE DULANY: No, sir. It is
not.
THE CHAIRMAN: We will come back
to it.
Section 3.03. Delegate M. H. Smith, do
you desire to submit amendment K?
DELEGATE M. SMITH: Yes, sir.
THE CHAIRMAN: The pages will
please distribute amendment K. This will
be Amendment No. 4. The Clerk will read
the amendment.
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READING CLERK: Amendment No. 4
to Committee Recommendation LB-2 by
Delegates M. H. Smith and Hickman : On
page 2, section 3.03, Redistricting Commis-
sion, in lines 11 and 12 strike out the words
"any year" and insert in lieu thereof the
words "the year prior to the year".
THE CHAIRMAN: This will be Amend-
ment No. 4.
If any delegates do not have a copy of
the amendment please raise your hands.
The amendment having been moved by
Delegate Smith and seconded by Delegate
Hickman, the Chair recognizes Delegate
Smith to speak to the amendment.
DELEGATE M. SMITH: Mr. Chairman,
I assume that the schedule that is here
laid out is predicated upon the thought of
a September primary. I like September
primaries. The only date I would like bet-
ter would be an October primary but I
suggest to you, sir, it may well be that at
some time in the future the General As-
sembly in its wisdom might see fit to go
back to a May primary.
It occurs to me that with the schedule
laid down, that there just might not be
adequate time for litigation after the Gen-
eral Assembly had concluded its work if
litigation were to actually ensue, litigation
prior to the primary. It is for that reason
that the amendment is submitted.
THE CHAIRMAN: Are there any ques-
tions to the sponsor of the amendment?
If not, the Chair recognizes Delegate
Gallagher.
DELEGATE GALLAGHER: Mr. Chair-
man and ladies and gentlemen, without
getting into the merits of proposed Amend-
ment No. 4, I do not think it does what
the sponsors would want it to do because
all it does is to put the redistricting com-
mission in operation a year earlier than it
would be called for under section 3.03. I
really think if they want the legislature to
act upon it in the year prior to the election
year, the amendment ought to come in sec-
tion 3. 03 (A) because they will want the
legislature to take action in the year prior
to the election, I assume.
THE CHAIRMAN: Do you intend that
as a question to Delegate M. H. Smith?
DELEGATE GALLAGHER: Yes, sir. I
will ask the question, would it not be bet-
ter to provide that the action shall take
place in such a way as to make the legis-
lature act?
THE CHAIRMAN: Delegate Smith.
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