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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1403   View pdf image (33K)
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[Nov. 29] DEBATES 1403

DELEGATE J. CLARK (presiding):
Is there unanimous consent to make these
changes? Is there any objection?

(There was no response. )

DELEGATE J. CLARK (presiding):
If there is no objection the corrections are
approved.

Are there any other amendments to sec-
tion 4. 05?

(There was no response. )

To make the record clear, Senator Bothe's
amendment has been withdrawn. Put that
on the record.

Are there any amendments to section
4. 06?

(There was no response. )

The Chair hearing none, we will proceed
to section 4. 07. Are there any amendments
to this section?

(There was no response. )

DELEGATE J. CLARK (presiding):
The Chair hearing none, we will proceed
to section 4. 08.

Delegate Bushong.

DELEGATE BUSHONG: What has
happened to the amendment to section
4. 05?

DELEGATE J. CLARK (presiding):
That has been withdrawn.

Delegate Morgan.

DELEGATE MORGAN: Mr. Chairman,
the Committee has an amendment to sec-
tion 4. 08. We have not found it yet.

DELEGATE J. CLARK (presiding):
It is Amendment R. The pages will please
distribute the amendment. This will be
Amendment No. 2.

The Clerk will read the amendment.

READING CLERK: Amendment No. 2
to Committee Recommendation EB-1, by
the Committee on Executive Branch, Dele-
gate Gerald D. Morgan, Chairman: On
page 3 Section 4. 08, Removal of Governor
from Office, in line 41, strike out the word
"or" and insert in lieu thereof a comma,
and in the same line after the word "gov-
ernor-elect" add the words ", lieutenant
governor, or lieutenant governor-elect";
and in line 47 and in line 50 and line 1 on
page 4 strike out respectively in each in-
stance the words "the governor or gov-

ernor-elect" and insert in lieu thereof in
each instance the words "such officer".

DELEGATE J. CLARK (presiding):
The Chair recognizes Delegate Morgan.

DELEGATE MORGAN: Mr. Chairman,
in the executive article recommended by the
Committee, a procedure is provided for
removing the governor from office when the
governor is disabled. In other words, the
General Assembly, by an extraordinary
vote of both houses, can find the governor
disabled and then that finding goes to the
Court of Appeals.

There is no similar provision in the ex-
ecutive article that we reported for re-
moval of a lieutenant governor who is dis-
abled, and it seemed to the Committee that
the provision ought to apply also to the
lieutenant governor, so that if he were
disabled, you would not have to wait until
he became governor to remove him from
office. The amendment that the Committee
proposes would enable the General As-
sembly to find the lieutenant governor dis-
abled and if that finding were approved by
the Court of Appeals, the office would be-
come vacant, and the governor could nomi-
nate to the General Assembly a different
person to become lieutenant governor.
When that nomination was approved by
the General Assembly there would be a
new lieutenant governor.

That is the purpose of the amendment.

DELEGATE J. CLARK (presiding):
Is there any further discussion on the
amendment?

Delegate Della.

DELEGATE DELLA: Must the lieu-
tenant governor who is elected by the
General Assembly, belong to the same
party as the governor elect or lieutenant
governor elect or can the General Assembly
appoint anybody to be lieutenant governor?

DELEGATE J. CLARK (presiding):
Chairman Morgan.

DELEGATE MORGAN: The governor
has to nominate a person to the General
Assembly and the General Assembly has
to approve the nomination. The General
Assembly cannot elect the lieutenant gov-
ernor.

DELEGATE J. CLARK (presiding):
Delegate Della.

DELEGATE DELLA: If the governor
is disabled, and the lieutenant governor
takes over, is it the lieutenant governor



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1403   View pdf image (33K)
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