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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1619   View pdf image (33K)
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[Dec. 2] DEBATES 1619

by the majority report is that the present
requirement of a constitutional majority
means that a person who absents himself
from the floor during a vote, although not
being recorded so, is in effect a nay vote,
because he is one less vote towards the re-
quired constitutional majority. The mi-
nority report does not address itself to
that. Would you care to comment on that
argument?

THE CHAIRMAN: Delegate Gilchrist.

DELEGATE GILCHRIST: The minority
feels that they would like to have those
people recorded and if they in absenting
themselves voluntarily turn up with a no
vote, they show. The way the majority pro-
posal would have it, it would be very much
easier to be a no-show.

THE CHAIRMAN: Are there any fur-
ther questions?

Delegate Hanson.

DELEGATE HANSON: Delegate Gil-
christ, do I understand your response to
Delegate Bamberger to mean that you
would force, or wish to force a delegate to
state publicly the manner in which he would
vote if he did not absent himself or did not
•abstain?

THE CHAIRMAN: Delegate Gilchrist.

DELEGATE GILCHRIST: I did not say
that, Delegate Hanson. This position got
involved in the argument on secret ballot
last night. I simply believe that it is highly
desirable that the legislators be here, and
that we know how as many of them as
possible feel about an issue which is be-
fore them, so that if 'there are a great num-
ber who do not want to vote, they should
not be able to pass a bill.

THE CHAIRMAN: Delegate Hanson.

DELEGATE HANSON: No further
questions.

THE CHAIRMAN: Are there any fur-
ther questions of the minority spokesman?
If not, he will return to his seat and we
will consider the amendment to be offered
by the minority.

Delegate Gilchrist, the Chair understands
that to implement the minority report you
propose to offer similar amendments to sec-
tions 3.13, 3.16 and 3.17, is that correct,
sir?

DELEGATE GILCHRIST: That is cor-
rect.

THE CHAIRMAN: So that we will have
the matter before us I will have all three

amendments distributed at this time, al-
though we will consider them separately.
The pages will please distribute Amend-
ments AC, AD, AE.

Amendment marked AC will be No. 14.
Amendment marked AD will be No. 15.
Amendment marked AE will be No. 16.
The Clerk will read Amendment No. 14.

READING CLERK: Amendment No. 14
to accompany Minority Report LB-2 (A),
to Committee Recommendation LB-2, by
Delegates Gilchrist, Linton, Clark and
Della :

On page 3 section 3.13, Organization of
General Assembly, in lines 34 and 35, lines
43 and 44, and line 46, respectively, in each
instance strike out the following: "present
and voting, a quorum being present."

THE CHAIRMAN: If you have not re-
ceived the amendments, please signal to
the pages.

Delegate Gallagher.

DELEGATE GALLAGHER: Mr. Chair-
man, will it be understood that the passage
of the first amendment will be tantamount
to passage of them all without any further
argument?

THE CHAIRMAN : We will submit them
one right after another for vote and the
Chair would hope there would be no fur-
ther discussion.

Amendment No. 14 having been seconded,
the Chair recognizes Delegate Gilchrist to
speak to the amendment. Just a second,
Delegate Gilchrist.

So that we can save time on the voting,
I will have the Clerk read each of the three
amendments. He has read No. 14. I will
ask the Clerk to read 15 and 16.

READING CLERK: Amendment No. 15
to accompany Minority Report LB-2 (A)
to Committee Recommendation LB-2, by
Delegates Gilchrist, Linton, Clark and
Della :

On page 4 section 3.16, Consideration of
Bills, in lines 39 and 40 strike out the fol-
lowing: "present and voting, a quorum be-
ing present,".

Amendment No. 16, to accompany Mi-
nority Report LB-2 (A) to Committee Rec-
ommendation LB-2, by Delegates Gilchrist,
Linton, Clark and Della:

On page 5, section 3.17, Journal and
Passage of Bills in lines 14 and 15 strike



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1619   View pdf image (33K)
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