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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3329   View pdf image (33K)
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[Jan. 6] DEBATES 3329

in italics, but when we put it in caps it is
hard to notice and I missed it going back.

Under the general heading is included
districts and redistricting for both the
General Assembly and for Congress.

I think I have now covered each of the
items up to page 12, where again, we in-
serted in line No. 1, "Members of General
Assembly," under which we will have qual-
ifications, elections, terms, vacancies, and
so on. There is a change in the numbering,
but the numbering is merely changed be-
cause we had moved up the sections on
congressional redistricting.

In line 14 under 3.03, we have inserted
"election for members of", since it is the
members who elect, not the General As-
sembly, except in a collective sense.

In section 3.10, line 29, we changed the
word "from" to "in", of the district in
which he seeks election.

In section 3.17 under Vacancies, line 42,
the "The" has been changed to "An ap-
pointee".

In section 13, we find the goof which we
made and this is the one which I was re-
ferring to where we had everybody there,
including advice from the substantive
committee. The change which we made in
line 14 saying, "No person elected or ap-
pointed to", changing1 that to "No mem-
ber" is obviously a substantive change and
an error on my part, again called to my
attention first at least by Delegate Marvin
Smith.

The meaning of "No person elected to or
appointed to" includes anybody who has
been elected or qualified. Once he had been
elected or qualified, then he was no longer
eligible. The way we stated it was wrong
because it would sug-gest that he had to be
a member before he would be unable to be
appointed to any other office which had
been created while his term was going on.
What I would like to suggest is that line
14 reverts to the way it had originally
been reported to the Committee of the
Whole by the Committee on the Legisla-
tive Branch and thus correcting the error
which we in the Committee on Style in-
advertently allowed to creep in or put in
I should say.

THE PRESIDENT: Is this to the entire
section 3.13?

DELEGATE PENNIMAN: No. The only
thing involved is line 14.

I see Delegate Gallagher standing. He
may have a question about something else.

THE PRESIDENT: For what purpose
does Delegate Gallagher rise?

DELEGATE GALLAGHER: Mr. Presi-
dent, I think if we kept the original lan-
guage throughout perhaps with the excep-
tion of line 20 where such has been changed
to that, we might more possibly be closer
to the original intention of the Committee
so that it would read "No person elected or
appointed to the General Assembly shall
during the term of office for which he was
elected or appointed be appointed to any
office which shall have been created or for
which the compensation has been increased
by the General Assembly during that term."

I could read it the other way and see
whether or not it does. You are changing
only the first line. If we read it that way
it would be "No person elected or appointed
to the General Assembly shall be appointed
during the term of office for which he was
elected or appointed to any office which has
been created or for which the compensation
has been increased by the General Assembly
during that time."

As I read it the second time, I would be
satisfied to have line 14 revert to its prior
language. I do not know what device the
Chair would require of me in the way of a
motion.

THE PRESIDENT: It does not need a
motion.

The Committee on Style requests unani-
mous consent to modify its recommenda-
tions so as to restore line 14 on page 13 to
the form in which it was before any change
had been made, so is there any objection?

The Chair hears no objection. The modi-
fication is made, so line 14, page 13, section
3.13, will therefore read "No person elected
or appointed to".

You may proceed.

DELEGATE PENNIMAN: And the
titles of 3.12, 3.13, and 3.14, we reduced
the length of them since they are all under
the heading of General Assembly. There
was no need to refer to the legislators each
time because it is obvious.

Under the heading of General Assembly,
in 3.15, aside from removing the word
"Legislative", in line 35, this is another
one where we reverted to the word "pro-
vide". We changed in line 36, we changed
"organization session" to "organizational
session", at the suggestion of Vice-Presi-
dent James and it was quite correct.

In lines 43 and again in line 46 we added
the word "regular session" and this was at



 

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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 3329   View pdf image (33K)
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