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DELEGATE CARSON: Mr. Chairman, I
and other sponsors desire to offer at this
time the amendment marked "U".
THE PRESIDENT!: Delegate Carson, the
Chair does not think the amendment is an
amendment of style pertaining to the style
amendments proposed by the Committee on
Style. It will afford you the opportunity to
present the amendment at the proper time.
DELEGATE CARSON: Mr. Chairman, I
do not desire to debate with the Chair. It
was intended solely as one of style, and at
the presentation by Chairman Penniman
he indicated to me on a direct question that
the word "notwithstanding" on line 47
meant "without", and I think therefore that
it is an amendment of style, though I will
not appeal the ruling of the Chair.
THE PRESIDENT: The basis for the
Chair's ruling was that your amendment
omits the words "the General Assembly
shall have the power", and while it might
be debatable, I think this perhaps goes a
little further than pure style. It does not
affect your right to offer the amendment,
and I will afford you the right to offer it
at the proper time.
Are there any other amendments to sec-
tion 3.23? Delegate Gallagher.
DELEGATE GALLAGHER: Mr. Presi-
dent, I have no further amendments, and I
do not think there are further style amend-
ments to 3.23. If there are not, I should
like to revert to 3.09, Amendment N, as in
nobody, Mr. President.
THE PRESIDENT: Delegate Gallagher,
this may be style or it may not. I do not
know that it is. I would be inclined to rule
that it is not style and notwithstanding
the adoption, if it is adopted, of the amend-
ment of the Committee to permit you the
opportunity of offering the amendment at
a later time.
Delegate Gallagher.
DELEGATE GALLAGHER: Mr. Presi-
dent, that being the case, I should like to
move to 3.10 and offer Amendment "O".
THE PRESIDENT: This is also a little
troublesome. I take it the purpose of the
amendment, though, is merely to make the
language conform to what was the intent
previously stated.
DELEGATE GALLAGHER: Yes, Mr.
President.
THE PRESIDENT: On that basis, the
Chair will allow the amendment.
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Will the pages please distribute Amend-
ment "O"— "O" for oboe. This will be
Amendment G. The Clerk will read the
amendment.
READING CLERK: Amendment No. G,
to Committee Recommendation LB-1, LB-2,
LB-3 as amended to Report S&D-16, by
Delegate Gallagher:
On page 4, section 3.10, Vacancies, strike
out all of lines 15 through 18, inclusive,
and insert in lieu thereof the following
words :
"A person chosen to fill a vacancy, when
succeeding a party member, shall be a
member of the same political party as his
predecessor. The person chosen shall serve
only until".
THE PRESIDENT: The amendment is
submitted by Delegate Gallagher. Is there
a second ? Delegate Bennett seconds.
The Chair recognizes Delegate Gallagher.
DELEGATE GALLAGHER: The pur-
pose of this particular amendment is to
clarify the original intention of the commit-
tee. I think the interrogation by Delegate
Sollins to Chairman Penniman indicated
there was some vagueness about the lan-
guage as it stood in the revised draft here.
We do not want to delimit the General
Assembly in its prescribing by law to an
appointment process, if it desired to go an-
other route. Consequently, we have used
the words "A person chosen to fill a va-
cancy" rather than "An appointee".
The next object which we sought was to
determine that when one was a member of
a political party and he was to be suc-
ceeded that the man succeeding him was a
member of the same party. If you had a
person who was declined, you would not
necessarily want to require that the person
filling the vacancy should also be desig-
nated declined as well.
THE PRESIDENT: Are there any ques-
tions of the Committee Chairman ? Dele-
gate Burdette.
DELEGATE BURDETTE: I think per-
haps I should point out, or ask the Chair-
man of the Committee to comment, that
this is certainly designed to allow the Gen-
eral Assembly to prescribe ways wherein
a vacancy could be filled. In the event the
General Assembly should decide upon a
special election, it would seem undoubtedly
correct that the whole remainder of the
term should be filled.
Question: Does this preclude it, or has
this been considered by the 'Committee? I
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