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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3183   View pdf image (33K)
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[Jan. 3] DEBATES 3183

in lines 22, 23 and 25 respectively in each
instance strike out the word "county" and
insert in lieu thereof respectively in each
instance the words "electoral district".

THE PRESIDENT: The amendment is
submitted by Delegate Ross and seconded
by the co-sponsors.

The Chair recognizes Delegate Koss to
move the suspension of rules.

DELEGATE KOSS: Mr. Chairman, I
so move.

THE PRESIDENT: The question arises
on the motion to suspend the rules, suspend
interfering rules to permit the considera-
tion of Amendment No. 10 to amend section
2.01 as adopted on second reading.

Is there a second to the motion.
(The motion was duly seconded.)

THE PRESIDENT: The motion is sec-
onded. A vote Aye is a vote in favor of
suspension. A vote No is a vote against.

Cast your vote.

Has every delegate voted? Does any dele-
gate desire to change his vote?

The Clerk will record the vote.

There being 99 votes in the affirmative,
and 1 in the negative, the motion is carried.

The interfering rules are suspended to
permit consideration of Amendment No. 10
to section 2.01.

The Chair recognizes Chairman Koss.

DELEGATE KOSS: Mr. Chairman and
fellow delegates, shortly after the action on
S&D-11 was completed we were made aware
of a factor in that article that was cer-
tainly not the intent of the Committee, and
that was that there was no residency re-
quirement in the article in anything smaller
than a county.

It was certainly our intention that, in
order to be eligible to vote for a member of
the House of Delegates, or a Senator, or a
Congressman, one had to be a registered
voter in that district. For this reason we
are offering the language in Amendment
No. 10. This is substantially the same lan-
guage as you will find in Article I, section
1 of the present Constitution.

I sincerely hope that you will act fav-
orably on this amendment.

THE PRESIDENT: Are there any ques-
tions of the sponsor of the amendment?

Delegate Burdette.

DELEGATE BURDETTE: Mr. Presi-
dent, in line 10, there is a problem of lan-
guage which seems to leave me with un-
certainty as to the meaning. It says "to
entitle a person to vote for such an of-
ficer, the person," I wonder if you mean
by that "then to vote for such an officer a
person". The second one is very closely
related.

I am sure that Delegate Koss has no in-
tention of making a constitutional clause
here which would have the effect of causing
this to be the sole criterion for the right
to vote in this situation.

I have not been able to deal with that
language, but it strikes me that it could
be interpreted to eliminate all other cri-
teria, and I am sure that it is not intended
either.

THE PRESIDENT: Delegate Koss,
maybe we can deal with one suggestion at
a time.

Do you respond to the first suggestion?

DELEGATE KOSS: Certainly it was,
as I remember Delegate Burdette's first
comment, then a person. Was that in line
10?

THE PRESIDENT: To strike from line
10 the words "to entitle a person" so it
would read "then to vote for such an
officer, a person."

DELEGATE KOSS: That would cer-
tainly carry out our intent.

THE PRESIDENT: Is there any objec-
tion to considering a modification of the
amendment by striking from line 10 the
words "to entitle a person", and to strike
from line 11 the word "they", and insert
in lieu thereof the word "a"?

The Chair hears none, and the modifi-
cation is made.

Delegate Burdette, as I understand your
second question, it was that even with
this modification could it be suggested that
the qualification stated in this amendment
was the sole qualification to vote. Is that
your point?

DELEGATE BURDETTE: I fear so. In
the original language, and the way we
have modified it it accentuates it.

THE PRESIDENT: If you would look
at section 2.01, as adopted, on second read-
ing, you might not reach the same con-
clusion.



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3183   View pdf image (33K)
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