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governor has a right to nominate a suitable
person to the General Assembly. When he
is confirmed by the General Assembly, he
then becomes lieutenant governor. This
makes the same qualifications applicable
to an appointed lieutenant governor as are
applicable to an elected one.
THE PRESIDENT: Are you ready for
the question ?
(Call for the question.)
T,he clerk will ring the quorum bell.
The question arises on the adoption of
Amendment No. 3 to Committee Recom-
mendations EB-1 and EB-2 and Report
S&D-13. A vote Aye is a vote in favor of
Amendment No. 3. A vote No is a vote
against.
Cast your vote.
Has every delegate voted ? Does any
delegate desire to change his vote ?
(There was no response.)
The Clerk will record the vote.
There being 92 votes in the affirmative
and 0 in the negative, the motion is car-
ried and the amendment is adopted.
Are there any other amendments to sec-
tion 4.04?
Are there any amendments to section
4.05?
Delegate Morgan, you have Amend-
ment H ?
DELEGATE MORGAN: That is correct,
Mr. President, an amendment designated
"H."
THE PRESIDENT: Just a second.
Delegate Byrnes, your Amendment O
has been superseded. The modification has
already been made to it.
The pages will please distribute Amend-
ment H. This is Amendment No. 4. The
clerk will read the amendment.
READING CLERK: Amendment No. 4
to Committee Recommendations EB-1 and
EB-2 as amended by Report No. S&D-13, by
Delegate Morgan, Chairman of the Com-
mittee on the Executive Branch: on page
2, section 4.05, Election of Governor and
Lieutenant Governor, in lines 36 through
43, inclusive, strike out beginning with the
words "If there" in line 36 down to and
including the word "house" in line 43; and
following line 48, add this new section:
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"Section 4............... Tied Elections:
"If at any general election two or
more candidates for governor, for at-
torney general or for comptroller shall
have the highest and an equal number
of votes for the same office, one of them
shall be elected to that office by the af-
firmative vote of a majority of all mem-
bers of the General Assembly in joint
session. The election shall be the first
order of business after the organization
of each house."
THE PRESIDENT: The amendment is
submitted by Delegate Morgan.
Is there a second ?
(Whereupon, the amendment was duly
seconded.)
THE PRESIDENT: The Chair recognizes
Delegate Morgan.
DELEGATE MORGAN: Mr. President,
in section 4.05, there is a title "Election
Provisions," relating to the election of a
governor. The two sections relating to the
attorney general and the comptroller in-
corporate by reference the provisions for
the election of the governor. It seemed to
us that it would be much better to have
a section applying to tied elections for
governor, comptroller, and attorney gen-
eral. That is the purpose. It does not make
any substantive change in what the Execu-
tive Branch Committee has already re-
ported.
THE PRESIDENT:: Delegate Morgan,
to paraphrase Delegate Adkins, maybe it
is getting late, and I am not reading very
clearly, but I am wondering if the way
this is phrased you are requiring in one
general election there be tie votes for
governor, attorney general and comptroller
— all three.
Delegate Penniman, would you take a
hard look ?
DELEGATE PENNIMAN: I have taken
a hard look in the past and have not found
the problem you are speaking of. I can see
how it might possibly be interpreted that
way.
THE PRESIDENT: Is it agreeable to let
the Committee on Style wrestle further
with the problem ? Is that agreeable ?
DELEGATE MORGAN: It certainly is
agreeable to me.
THE PRESIDENT: Very well, Delegate
Penniman.
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