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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 1585   View pdf image (33K)
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TDec. 11 DEBATES 1585

DELEGATE M. SMITH: Perhaps there
should be an amendment in 3. 03 (A), also.

THE CHAIRMAN: Do I take it from
that, Delegate Smith, M. H. Smith, that
your answer means that you are unwilling
to withdraw this as an amendment to sec-
tion 3.03?

DELEGATE M. SMITH: I will with-
draw the amendment.

THE CHAIRMAN: You will. Amend-
ment No. 4 is withdrawn.

Delegate Gallagher.

DELEGATE GALLAGHER: Mr. Presi-
dent, may I suggest that perhaps Mr. Smith
needs this amendment before us and an-
other one in 3.03 (A) to make them both
uniform in point of time.

THE CHAIRMAN: Delegate Smith.

DELEGATE M. SMITH: My advisors
say that is proper.

THE CHAIRMAN: Well, then, the
Chair is confused. Do you desire to retain
the amendment?

Delegate Smith.

DELEGATE M. SMITH: Maybe we are
in a situation of not having read this as
adequately as we should have, but the in-
tent certainly was to require the redis-
tricting —

THE CHAIRMAN: I wonder if you
would take a few minutes, read the sec-
tion with your amendment and advise the
Chair whether you wish to withdraw it or
press it.

I think, Delegate Smith, the point that
Mr. Gallagher is making is that if you are
going to move the time up in 3. 03 (A) you
will have to move the time up for the ap-
pointment of the commission also in 3.03.

DELEGATE M. SMITH: Yes.
THE CHAIRMAN: Delegate Smith.

DELEGATE M. SMITH: We would pro-
pose, Mr. President, the exact same lan-
guage in line 28 of Section 3.03 (A).

THE CHAIRMAN: But you intend to
press the present amendment?

DELEGATE M. SMITH: Yes.
THE CHAIRMAN: Very well.

Delegate Gallagher, Delegate Smith has
indicated that he desires to press Amend-
ment No. 4 and that he proposes to have
a similar amendment in line 28 of Sec-

tion 3.103 (A). Do you desire to comment
as to Amendment No. 4?

MR. GALLAGHER: I do, sir.

The effect of the additional year back-
up which Amendment No. 4 would provide
would seem to me to have you operating
upon rather stale figures. While I can sub-
scribe to the point of view that there should
be sufficient time for litigation, I think a
full year additional time presents prob-
lems of using population figures which will
be two years old, virtually, by the time
the election upon which they are based is
held.

I feel that this is too much of a retreat
in time prior to the election, and I would
urge the defeat of the amendment.

THE CHAIRMAN: Does any other dele-
gate desire to speak in favor of the amend-
ment?

(There was no response.)

THE CHAIRMAN: The Chair hears
none. Does any delegate desire to speak in
opposition? The Chair hears none.

Are you ready for the question?
(Call for the question.)

The question arises on the adoption of
Amendment No. 4.

A vote Aye is a vote in favor of the
amendment. A vote No is a vote against.

Cast your votes.

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

(There was no response.)
The Clerk will record the vote.

There being 27 votes in the affirmative
and 70 in the negative, the motion is lost.
The amendment is rejected.

Delegate Storm, do you desire to offer
your amendment M?

DELEGATE STORM: Unfortunately, I
do.

THE CHAIRMAN: The pages will dis-
tribute Amendment M. This will be Amend-
ment No. 5.

The Clerk will read the amendment.

READING CLERK: Amendment No. 5
to Committee Recommendation LB-2 by
Delegate Storm: On page 2 section 3.03,
Redistricting Commission, in line 15 strike
out the words "each appoint two persons"



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Page 1585   View pdf image (33K)
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