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Has every delegate voted? Does any dele-
gate desire to change his vote?
The Clerk will record the vote.
There being 89 votes in the affirmative,
none in the negative, the rules are sus-
pended.
Amendment No. 22 is before you.
The Chair recognizes Delegate Gallagher,
the amendment having been seconded by
Delegate Gilchrist.
DELEGATE GALLAGHER: Mr. Presi-
dent, ladies and gentlemen of the Conven-
tion : When the Committee on the Legisla-
tive Branch adopted section 3.11, which is
a limitation on appointment of legislators
to offices created while they were members
of the General Assembly or offices for
which compensation was increased, it was
the intention of the Committee on the
Legislative Branch that no member of the
General Assembly could resign and there-
after be appointed to an office which had
been created.
We used language which indicated that
the terms during which he could not be
appointed to such office were the full term
to which he was elected.
If you will read section 3.11 as it came
out of the Style and Drafting Committee,
you will note it now says "No person
elected or appointed to the General As-
sembly shall during his term of office be
appointed to any office which shall have
been created", et cetera.
We are somewhat fearful that the use
of the words "his term of office" would
indicate that if he resigned at the end of
two years or one year or three years that
he could, during the balance of that four-
year term, be appointed to an office which
had been created while he was a member
of the General Assembly.
Consequently, we are moving to restore
the intent of the Committee with more
specific language, by inserting the fol-
lowing before the comma on line 29. It
would read : "for which he was elected or
appointed". The term of office, therefore,
for which he was elected or appointed.
Then in line 32, you would strike out
"his" term, which again raises the ques-
tion of whether or not it was his term
actually served or the full time to which
he was elected, and use the word "such",
referring back to the term for which he
was elected or appointed.
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I think this more accurately keeps the
original intention of the Committee on the
Legislative Branch, and I would urge the
adoption of the amendment.
THE PRESIDENT: Are there any
questions of the sponsor of the amend-
ment? Is there any discussion?
Are you ready for the question?
The Clerk will ring the quorum bell.
Delegate Boileau.
DELEGATE BOILEAU: May I ask
Delegate Gallagher a question?
THE PRESIDENT: Delegate Gallagher,
do you yield for a question?
DELEGATE GALLAGHER: Yes, sir.
THE PRESIDENT: Delegate Boileau.
DELEGATE BOILEAU: Pardon my
tardiness. I was looking up the section.
Section 4.09 of the executive article has
a note that if the vacancies in the office of
governor or lieutenant governor exist at
the same time during the first year of
their term the office shall be filled for the
remainder of the term at the next general
election.
Does that mean that if the salary of
the governor or lieutenant governor has
been retained by that General Assembly
that no one in that General Assembly
would be eligible to run for the office of
governor or lieutenant governor?
THE PRESIDENT: Delegate Gallagher.
DELEGATE GALLAGHER: Well, as I
understand it, if they raised the salary
during this term, the term has not been
completed, a member of the General As-
sembly could not succeed to the office for
the remainder of the governor's or lieu-
tenant governor's original term.
THE PRESIDENT: Delegate Boileau.
DELEGATE BOILEAU: It is not a
matter of succession. It is a general elec-
tion for the remainder of that particular
term; not succession.
THE PRESIDENT: Delegate Gallagher.
DELEGATE GALLAGHER: I did not
understand.
THE PRESIDENT: He was pointing
out to you it would not be succession, but
would be a new election.
DELEGATE GALLAGHER: If it is a
new election there is nothing to prohibit
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