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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1973   View pdf image (33K)
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[Dec. 7] DEBATES 1973

DELEGATE HARGROVE: Could your
Committee determine what a serious crime
was? I do not think the courts have been
able to do that.

THE CHAIRMAN: Delegate Koss.

DELEGATE KOSS: Delegate Hargrove,
if the courts have not, neither have we.

THE CHAIRMAN: Delegate Bennett?

DELEGATE BENNETT: Mr. Chair-
man, and members of the Convention. Un-
fortunately I was out of the chamber at
the time that the discussion of this began,
but it seems to me to be a very important
consideration and one that I hope the Con-
vention will take under advisement, namely,
this suggestion that the General Assembly
be mandated to establish disqualifications.

Now in the brief word that Delegate Key
made, I heard her say that this branding
of the person because of his crime handi-
caps his rehabilitation. There is no doubt
or question but what that is true. The
fact is that under that branding, he is
shunned and discriminated against in his
employment, and in his adjustment in the
community.

He suffers, his family suffers, and it is
a shame that he has to carry what in
effect is double punishment. It is held over
him for a long period of time, and it seems
to me that we can very well get along in
this Convention made up of men with a
heart and understanding who will not re-
quire the legislature to determine the dis-
qualification.

If there is any particular crime that they
think should disqualify a person from vot-
ing, as in an election fraud, they can put
that into the article itself without any gen-
eral provision; I hope therefore that this
amendment of Delegates Key and Taylor
will prevail.

THE CHAIRMAN: Is there any further
discussion.

(There was no response.)
Are you ready for the question?
(Call for the question.)
The Clerk will ring the quorum bell.

The question arises on the adoption of
Amendment No. 12 to Committee Recom-
mendation S&E-2

A vote Aye is a vote in favor of Amend-
ment No. 12. A vote No is a vote against
the amendment.

Cast your votes. Has every delegate
voted? Does any delegate desire to change
his vote?

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

There being 46 votes in the affirmative
and 65 in the negative, the motion is lost.
The amendment is rejected.

THE CHAIRMAN: Delegate Byrnes, do
you desire to offer your amendment?

DELEGATE BYRNES: No, sir, I do
not.

THE CHAIRMAN: Are there any fur-
ther amendments to section 5?

Delegate Bamberger.

DELEGATE BAMBERGER: Mr. Chair-
man, I have an amendment which is being
prepared, if we may come back to it at a
later time.

THE CHAIRMAN: Are there any other
amendments to section 5?

For what purpose does Delegate Hanson
rise?

DELEGATE HANSON: Mr. Chairman,
my amendment to section 3 has arrived.

THE CHAIRMAN: I will come back to
it in a little while.

Are there any other amendments to sec-
tion 5?

Delegate Bennett.

DELEGATE BENNETT: I wonder,
Delegate Koss, if I might ask you a ques-
tion with regard to the first sentence: "No
person who has been adjudicated 'non
compos mentis' shall be entitled to vote
until such adjudication is removed."

I take it that this is not tantamount to
commitment to a mental hospital, is it?

THE CHAIRMAN: Delegate Bennett,
the Chair believes there will be an amend-
ment offered with respect to that sentence.
I think discussion about that will be more
appropriate at that time.

Does your amendment go to section 5,
Delegate Bamberger?

DELEGATE BAMBERGER: Yes.
THE CHAIRMAN: Very well.

Any amendments to section 6? Are there
any questions to the Committee Chairman
with respect to section 6?



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 1973   View pdf image (33K)
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