|
ment is modified by striking the words "a
person chosen" in line 5 and inserting the
words "an appointee", and striking the
words "person chosen" in line 8 and insert-
ing the word "appointee".
Delegate Ritter?
DELEGATE RITTER: I would like to
see if Delegate Gallagher would accept a
further amendment to his amendment.
THE PRESIDENT: State the amend-
ment.
DELEGATE RITTER: In line 7, "his
predecessor", strike those words and add
"the person last elected to that office".
THE PRESIDENT: Delegate Gallagher,
did you hear the suggestion ?
DELEGATE GALLAGHER: Might I ask
Delegate Ritter why he would prefer this
language?
THE PRESIDENT: Delegate Ritter.
DELEGATE RITTER: I feel that there
is a period of time between the election and
the time that the delegates are sworn in
that somebody might die and he might
have been one of a previous political party,
therefore they might go back to the prede-
cessor, which might be of the opposite
party than the one that was elected.
T,HE PRESIDENT: Delegate Gallagher,
his point is, I am not sure whether you
caught it, that there might be a person
elected who would die before qualifying
and hence would not be the predecessor.
DELEGATE GALLAGHER: Well, Mr.
President, I think that that would be the
effect of what we would want. We would
want the person last elected, even if he
did not qualify, so I do not object to the
language, to substitute "the person last
elected" for "his predecessor".
THE PRESIDENT: I do not think you
can just leave it hanging there, can you,
just to say "the person last elected"?
DELEGATE GALLAGHER: "To the of-
fice".
THE PRESIDENT: Is there any objec-
tion to further modifying the amendment
by in line 7 striking the words "his prede-
cessor" and inserting the words "last
elected to the office"?
The Chair hears none. The amendment
is so modified.
Delegate Rybczynski.
|
DELEGATE RYBCZYNSKI: I do not
think that was complete. The words to be
substituted are "the person last elected to
that office".
THE PRESIDENT: Thank you.
Is there any objection to the modification
in line 7 to strike "his predecessor" and in-
sert "the person last elected to that office" ?
With no objection, the amendment is so
modified.
As now modified, the amendment reads
"An appointee to fill a vacancy, when suc-
ceeding a party member, shall be a member
of the same political party as the person
last elected to that office. The appointee
shall serve only until".
Is there any further discussion ?
Delegate Burdette.
DELEGATE BURDETTE: I should just
like to make a bit of legislative history in
endorsing this to say that I now understand
it, and I think we did in the Committee on
Style or at least most of us that the Gen-
eral Assembly can prescribe any method it
desires by law to fill a vacancy, but if it
does provide the appointment route then
the provisions with respect to the appoint-
ment apply.
THE PRESIDENT.: Delegate Gallagher.
DELEGATE GALLAGHER: Mr. Presi-
dent, I agree. It was laborious history, and
I thank the Committee and the house for
bearing with us.
THE PRESIDENT: Is there any further
discussion?
Delegate Boyles.
DELEGATE BOYLES: I have a question
of the Chair, sir. Does this present any
problem if the person who has died is not
a member of any political party?
THE PRESIDENT: I am not sure I
understood your question.
DELEGATE BOYLES: It is not neces-
sary to be a member of a political party.
What does the governor do where the man
was not a member of any political party?
THE PRESIDENT.: The restriction does
not apply. The sentence is "an appointee to
fill a vacancy when succeeding a party
member." If he is not succeeding a party
member this sentence is not applicable.
Is that the proper interpretation, Dele-
gate Gallagher?
|
