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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3043   View pdf image (33K)
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[Jan. 2] DEBATES 3043

THE PRESIDENT: Delegate Kiefer.

DELEGATE KIEFER: Mr. President,
I would like to offer —

THE PRESIDENT: Delegate Kiefer,
the Chair had indicated that he would ac-
cord Delegate Adkins the right to offer the
next amendment, if he chooses to do so.

Delegate Adkins, do you desire to offer
your amendment?

DELEGATE ADKINS: I do, Mr. Presi-
dent.

THE PRESIDENT: The pages will
please distribute Amendment GG. Amend-
ment GG will be Amendment No. 14.

Delegate Pascal.

DELEGATE PASCAL: Mr. President, I
made a mistake on that particular vote.
Every man has to stand up and be counted,
and especially when he makes a mistake.
I inadvertently hit the button the wrong
way. I wanted to vote Aye on that par-
ticular issue, sir.

THE PRESIDENT: Delegate Pascal,
the record sheets show your vote recorded
Nay. Does the Chair understand that you
intended to vote Aye?

This is on Amendment No. 5, not Amend-
ment No. 13, now.

DELEGATE PASCAL: That is correct,
sir.

THE PRESIDENT: Very well.
Delegate Bothe.

DELEGATE BOTHE: I protest the rul-
ing of the Chair.

Delegate Pascal's vote is obviously not
as he indicated. It is an afterthought, and
not a mistake. I would point to his previous
vote, or failure to vote on these issues, and
suggest that the Chair is in error in ruling
that he may at this point —

THE PRESIDENT: The Chair has fol-
lowed the practice consistently of saying
that if a delegate takes the floor and an-
nounces that he has hit the vote lever the
wrong way that he can correct the record,
and the Chair had permitted this of Dele-
gate Miller on Amendment No. 13 and
numerous other similar instances. I do not
think that I can make an exception in this
case.

Delegate Pascal came to the rostrum to
tell me that he had intended to vote No.
He asked to see the sheet — I mean to vote
Aye. He asked to see the sheet, to see if

his vote was recorded that way, and when
it was indicated he had not, he told me he
intended to vote the other way. I told him
to take the microphone and make his an-
nouncement publicly.

The Chair rules that Delegate Pascal
has the right to correct the record.

DELEGATE BOTHE: Mr. President, I
appeal the ruling. The practice has been
that a delegate could rise immediately after
the vote was counted and announce an
error. I suggest that this was not what
happened in this case, and that Delegate
Pascal changed his vote after the vote was
tallied. He changed his mind, not his vote.

THE PRESIDENT: Delegate Pascal.

DELEGATE PASCAL: In answer to
the delegate's question, no, sir, that is not
the case. As you will recall, the first time
around I voted no. I missed the next vote.
This was not an afterthought. As a matter
of fact, it is quite embarrassing, and I am
sure I am going to bleed over this one, but
this is what I feel, Delegate Bothe.

I made a mistake, and this is the correct
way in which I wanted to vote originally, I
assure you of that.

THE PRESIDENT: Delegate Scanlan.

DELEGATE SCANLAN: I just want to
say that Delegate Pascal's veracity needs
no support from any delegate in this Con-
vention. I voted against Amendment No. 5
this time, so I think perhaps when I speak
you will know I tell you the truth. I dis-
cussed this matter with Delegate Pascal on
Saturday. He expressed regret that he
could not be here to vote to take out sec-
tion 1.17.

I am sure that was his intention, and I
am sure he is informing this Convention
of exactly what he intended to do. I do not
think there should be any further dispute.
He is a very honorable man.

(Applause.)

THE PRESIDENT: Delegate Bothe has
appealed the ruling of the Chair. Is there
a second?

The appeal from the ruling of the Chair
is seconded. The question arises on the
appeal from the ruling of the Chair, that
Delegate Pascal has the right to correct the
record on his statement that the vote No
was incorrect, and that he intended to vote
Aye.

Is there any discussion?
(There was no response.)



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3043   View pdf image (33K)
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