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ment" be broadened to encompass the con-
cept sought to be included in this last sen-
tence of section 10.02 where we deal with
the processes of constitutional amendment,
and delete this sentence from section 10.03?
THE PRESIDENT: It could be. I do
not think it need be. I think again that
you are adhering too literally to the tech-
nical meaning of the terms, rather than
with their popular concept. I do not think
the language in the sentence beginning in
line 47 in section 10.03 is imperative. I
think to have it there would cause less
confusion than to not have it there.
Delegate Anderson.
DELEGATE ANDERSON: Mr. Chair-
man, I move the previous question.
(Whereupon, the motion was seconded.)
THE PRESIDENT: All in favor, sig-
nify by saying Aye; contrary, No.
The Ayes have it. It is so ordered.
The Clerk will ring the quorum bell.
The question arises on adoption of
Amendment No. 12 to Committee Recom-
mendations GP-7, GP-8, GP-9, GP-12,
R&P-1 and LB-3 as amended by Style
Committee Report S&D-17. A vote Aye is
a vote in favor of the amendment. A vote
No is a vote against.
Cast your votes.
(Whereupon, a roll call vote was taken.)
Has every delegate voted?
Delegate Boileau.
DELEGATE BOILEAU: No.
THE PRESIDENT: Delegate Boileau
votes No.
Does any delegate desire to change his
vote? The Clerk will record the vote.
There being 14 votes in the affirmative
and 83 in the negative, the motion is lost
and the amendment rejected.
Delegate Penniman, earlier today the
Chair suggested to Dr. Phillips, the staff
adviser of your Committee, the possible
necessity or desirability of further amend-
ment to section 10.02. Has he discussed it
with you or your Committee?
DELEGATE PENNIMAN: No, he has
not.
THE PRESIDENT: The Chair would
like to put the question then to Delegate
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Boyer and also to you, Delegate Penni-
man. It is more a question of substance,
but it may be effected by a style change.
As section 10.02 is now written, it pro-
vides for the amendment of the Constitu-
tion either by the proposal by the General
Assembly or as proposed by the members
of the Constitutional Convention. Then, in
the sentence beginning in line 4 it pro-
vides that any proposed amendment, which
would mean one proposed either by the
General Assembly or by the Convention,
shall be submitted to the voters of the
State at a special or general election as
determined by the General Assembly or by
the Convention, whichever proposed the
amendment.
In other words, if the amendment is pro-
posed by the General Assembly, then the
General Assembly will decide whether it
is to be submitted at a special or general
election. If it is proposed by the Conven-
tion, then the Convention will make this
determination.
In the next sentence, however, this op-
tion is not preserved and it is provided
that notice of the election shall be given
as the General Assembly shall prescribe
by law.
I wonder if this was intentional or
whether the Committee on General Pro-
visions meant to give the same option to
the General Assembly and to the Conven-
tion as to notice as it did as to the kind
of election to be prescribed.
Delegate Boyer.
DELEGATE BOYER: Mr. President, I
view this a little differently than you, evi-
dently.
The General Assembly, of course, shall
pass all election laws. Hopefully there will
be a new set of election laws out very
shortly. In those election laws I am sure
that somewhere in there there is going to
be required notice of any election, and
that is what I interpreted.
THE PRESIDENT: In other words, you
were not thinking of a special legislative
act to provide notice for this particular
election?
DELEGATE BOYER: No, sir. I was
thinking of an all-encompassing law, in-
corporating any election into election laws
that may have previously been determined
by the General Assembly.
THE PRESIDENT: Delegate Penniman.
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