be other times when the first runner-up was
merely the leader of those whom the people
rejected. I suggest that we do not adopt a
rule, which will automatically lead to that
person becoming the delegate to fill a va-
cancy, in view of the varying circumstances
which may have caused that person to be
the first runner-up.
THE PRESIDENT: Delegate Boileau?
DELEGATE BOILEAU: It seems to
me the question we are debating is not how
we fill the vacancy because that is already
determined by the statute, but how we
nominate, and I am wondering if that is
clear. Even if Delegate White's proposal
were to be accepted, a person would simply
be nominated and the Convention would
still have/to pass on it.
THE PRESIDENT: As I understand
Delegate White's motion, it was not that
the next person or the runner-up would be
nominated, but that he would be declared
to succeed to the vacancy. I think we had
better get the precise language. Delegate
White?
DELEGATE WHITE: It may be difficult
to explain, but for example, if there were
seven delegates elected from a particular
district and a candidate ran number eight,
he ought to receive consideration by this
Convention, and, therefore, would be nomi-
nated for consideration automatically by
virtue of the expression of the people in his
legislative district, unless some reason were
found by this Convention to disqualify him.
Such a procedure would make it unneces-
sary for the selection committee to act and
would spare it possible trouble and criti-
cism to which it might be subjected, re-
gardless of the wisdom and the honesty
of its members, over what caused them
to make their particular recommenda-
tions. We would be relieved of this if the
person who received the next highest vote
were automatically allowed consideration
because it would be the expression of the
people from his district, and a reasonably
valid basis for electing him. However, the
very fine gentlemen and ladies on the selec-
tion committee would be relieved for the
other work of this Convention.
THE PRESIDENT: It seems to me it
would be very unwise for the Convention to
attempt to debate this question without hav-
ing precise language before it, unless the
motion is simply to recommit the rule to
the Committee for the purpose of reporting
a rule to the effect that the person receiv-
ing the next highest number of votes would
be the person elected to fill the vacancy. |
Now if such motion were adopted, I would
take it that the Committee would consider,
and then report to the Convention the lan-
guage of such a rule inproper form, and
would also at that time report to the Con-
vention whether, in the opinion of the Com-
mittee, the Convention had the power to
adopt such a rule.
Delegate White, would you care to amend
your motion in the manner suggested by the
Chair?
DELEGATE SCANLAN: Mr. President,
a parliamentary inquiry. In the interest of
saving time since the motion to recommit
would be undebatable, and I would not then
be able to advise the Convention that the
Committee considered very carefully pre-
cisely the idea advanced in Delegate White's
motion, I would like to include this fact in
the record for the information of the Con-
vention.
THE PRESIDENT: I don't think the
motion is undebatable.
DELEGATE SCANLAN: It is unde-
batable and they ought to know that we
considered it and rejected it.
DELEGATE WHITE: I would like to
ask the parliamentarian.
THE PRESIDENT: The parliamentarian-
advises me that the motion to recommit
would be debatable. The Chair will so rule.
Now will you answer the Chair's inquiry?
DELEGATE WHITE: I offer a motion
to recommit the proposed amendment to the
Rules Committee so that they may report
the correct and proper language, following
the advice of the President of the Conven-
tion.
THE PRESIDENT: If I may restate
the motion, as I understand it, you are
withdrawing your other motion and moving
to recommit the report to the Committee,
with the request that the Committee draft
a rule providing that the person receiving
the next highest number of votes in any
given legislative district should be the
candidate to be elected to fill the vacancy.
DELEGATE WHITE: Yes, sir.
THE PRESIDENT: And that the com-
mittee shall report such a draft, together
with the views concerning it. Mrs. Freed-
lander, do you concur?
DELEGATE FREEDLANDER: Yes, sir.
THE PRESIDENT: I think Delegate
Weidemeyer had the floor first. |
