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of now, the seat should be filled until 1970
and not until just 1968.
THE PRESIDENT: Delegate Gallagher.
DELEGATE GALLAGHER: Again this
is a matter I would leave to legislative de-
termination. The question of expense would
certainly be a factor which it would con-
sider, and it would seem to me —
DELEGATE BURDETTE: You cannot
leave it to the discretion in this language
since, if they provided an election, there
would have to be another election in 1968.
An election called today under this lan-
guage would run only until the middle of
the term.
THE PRESIDENT: Delegate Gallagher.
DELEGATE GALLAGHER: Well, again
I say by letting the General Assembly pick
the choice of how it wants to fill it, it will
have to use its discretion and its own wis-
dom in determining whether or not it ought
to go the election route. Again I say it is
up to the General Assembly.
THE PRESIDENT: Are there any fur-
ther questions of the Committee Chair-
man ? Delegate Beatrice Miller.
DELEGATE B. MILLER: I think that
the Committee on Style changed this be-
cause we were under the impression that
the General Assembly was to only fill it by
appointment, and therefore you provided
that the appointee should be of the same
party as the predecessor.
If you adopt the language, Chairman
Gallagher, that you are proposing, will
there only be an election in the one party,
since you say "a person chosen to fill a
vacancy when succeeding a party mem-
ber"? If he is chosen by election, he would
then only be elected in one party.
THE CHAIRMAN: That apparently
would be the effect of the language. Dele-
gate Gallagher, is that the intention ?
DELEGATE GALLAGHER: Mr. Presi-
dent, I would agree that that would be the
effect of the language — that is not what
we want. May I have one second, Mr. Presi-
dent?
THE PRESIDENT: Yes.
DELEGATE GALLAGHER: I think, Mr.
President, if we did return to the use of
the word "appointee", so that we would
say, rather than "a person chosen", "ap-
pointee to fill a vacancy when succeeding a
s party member shall be a member of the
; same .political party as his predecessor.
; The appointee shall serve only until".
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THE PRESIDENT: Is there any objec-
tion to modifying the amendment in the
manner suggested to strike from line 5
of the amendment the words "a person" —
did you strike "chosen", also ?
DELEGATE GALLAGHER: Yes.
THE PRESIDENT: Strike "A person
chosen" and insert the words "appointee."
I assume you would add "an"?
DELEGATE GALLAGHER: Yes.
THE PRESIDENT: "An appointee", and
in line 8 strike the words "person chosen"
and insert the word "appointee". Is there
any objection to considering the amend-
ment so modified? Delegate Scanlan.
DELEGATE SCANLAN: I would like to
question Delegate Gallagher in view of the
statement Delegate Miller made, which I
do not think is in conformity with the un-
derstanding of ,the Legislative Committee.
THE PRESIDENT: Does this go to the
question of modification ?
DELEGATE SCANLAN: Yes.
THE PRESIDENT: Very well.
DELEGATE SCANLAN: As I under-
stand our language originally, we wanted
to give the General Assembly a free hand so
if they wanted to have a special election
they could. However, in the event they fol-
lowed the appointment route, the language
we originally proposed there would govern
that. Is that correct?
DELEGATE GALLAGHER: That is cor-
rect.
THE PRESIDENT: Delegate Scanlan.
DELEGATE SCANLAN: Delegate Mil-
ler said that the Committee on Style was
under the impression, and if they were it
was an erroneous one, that we meant to
preclude the General Assembly from per-
mitting a special election to fill a vacancy.
Certainly we never intended that; in fact,
we meant to permit it.
DELEGATE GALLAGHER: That is my
recollection. We specifically considered con-
stitutionally requiring an election, and we
decided not to do that. I think your recol-
lection of what the general intention was is
correct.
THE PRESIDENT: Delegate Ritter, do
you object to the modification?
DELEGATE RIT.TER: No.
THE PRESIDENT: Is there any objec-
tion to the modification ? If not, the amend-
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