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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 693   View pdf image (33K)
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[Nov. 13] DEBATES 693
Maine also requires ten percent. This is
a process we could have followed. New
Mexico requires ten percent, and also re-
quires that in each of three counties of the
State the referendum must contain the
signatures of ten percent of those who
voted in the preceding general election.
That would really put it out, if that was
what our purpose was.
There are additionally two states which
require by statute at least ten percent.
Arkansas requires six percent. However,
it requires that in at least fifteen of the
counties of the State there must be peti-
ions with signatures of at least three per-
cent of those who voted for governor. This
would perhaps not put it out of reach, but
would make it far more difficult than we
have sought to do.
Ohio requires six percent, but it also re-
quires that petitions from at least half of
the counties have at least three percent.
This would have made it far more difficult.
THE CHAIRMAN: Thirty seconds.
DELEGATE CHABOT: I want to add
one other item. Ever since the referendum
article was included in the constitution
there has been a requirement that as to
local legislation you must have signatures
of at least--ten percent of the qualified
voters of the county or city in order to get
the item on the ballot. I have been unable
to obtain extensive figures with regard to
such legislation, but in the last three elec-
tions, 1962, 1964 and 1966 we have had a
total of 26 such referenda which meet all
the requirements of the ten percent. We
have not sought to put it out of reach. We
have not put it out of reach.
THE CHAIRMAN: Delegate Schloeder,
a recomputation of your time reveals three
minutes.
DELEGATE SCHLOEDER: Thank you
very much for the recomputation, but we
will need no more time.
Thank you.
DELEGATE HICKMAN: Would it be
proper to ask a question at this time?
THE CHAIRMAN: We now go to the
uncontrolled time.
DELEGATE HICKMAN: I would like
to direct an inquiry either to Delegate
Chabot or Delegate Schloeder.
THE CHAIRMAN: Will Delegate Chabot
yield?
DELEGATE CHABOT: Certainly.
DELEGATE HICKMAN: Under your
proposal it would take many more signa-
tures, which would more or less preclude
getting one-half at the end of 30 days,
which would mean that the legislation
would not be suspended, which would mean
that it would be possible for a law to be-
come effective before the end of the 90
days, perhaps even a month before the end
of the 90 days.
My question is, would it be possible to
suspend an enacted law?
DELEGATE CHABOT: If the Constitu-
tion provides that it would be suspended,
then it would be suspended.
DELEGATE HICKMAN: According to
this proposal you have to have 50 percent
of the votes in at the end of the first 30
days for it to be suspended. My question
is if you do not have 50 percent in at the
end of 30 days, the first 30 days, the law
has not been suspended, and you may not
get your 50 percent of the votes until the
end of 90 days, and the law may have
been in effect a month by the time you get
those signatures. What would be the effect
on the law; could you suspend a law which
has been enacted?
DELEGATE CHABOT: Under those
circumstances this proposal would not per-
mit suspension of such a law. That is true
of the Committee's report, and that is true
with regard to emergency legislation or
legislation termed emergency legislation at
the present time. It would create no new
problems. It would simply carry forward
the same sort of provisions that we now
have with regard to emergency legislation.
THE CHAIRMAN: There is no further
allocation of time under the controlled
time. We will go to the uncontrolled time.
For what purpose does Delegate Gleason
rise?
DELEGATE GLEASON: I want to
speak to the amendment, Mr. Chairman.
THE CHAIRMAN: The Chair recog-
nizes Delegate Gleason under uncontrolled
time, three minutes per delegate.
DELEGATE GLEASON: Mr. Chair-
man, fellow delegates: it is always amusing
in this chamber to see the shifting sands
of logic and rationale emanating from the
same spokesmen. Several days ago some of
us in this chamber were urging that the
General Assembly should have the ability


 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 693   View pdf image (33K)
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