EXTRAORDINARY POWERS OF THE GOVERNOR
tions. The governor shall accompany
his plan with a message explaining his
reasons for any changes from the
recommendations of the board. The
governor's redistricting plan shall be
published in the manner provided
for acts of the legislature and shall
have the force of law upon such pub-
lication. Upon the application of any
qualified voter, the supreme court, in
the exercise of original, exclusive and
final jurisdiction, shall review the gov-
ernor's redistricting plan and shall have
jurisdiction to make orders to amend
the plan to comply with the require-
ments of this constitution or, if the
governor has failed to promulgate a
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redistricting plan within the time pro-
vided, to make one or more orders
establishing such a plan."6 The Consti-
tution of Alaska (Article VI, Sections
8-10) adopts a similar approach.
It is recommended that the governor
should be given powers similar to those
in the model state constitution.
However, since these powers so interre-
late with the establishment of legislative
districts, a matter of paramount concern
to the Committee of the Legislative De-
partment, the Committee on the Execu-
tive Department feels that it should not
attempt to draft the required constitu-
tional language.
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POWER OF THE GOVERNOR TO SUBMIT BILLS WHICH FAIL TO PASS THE
LEGISLATURE TO REFERENDUM
The appendix to the model state
constitution contains the following sec-
tion:
"Section — .02. Referendum of
Legislation.
"(a) Any bill failing of passage by
the legislature may be submitted to
referendum by order of the governor,
either in its original form or with such
amendments as were considered by the
legislature as he may designate. Any
bill which, having passed the legisla-
ture, is returned thereto by the gover-
nor with objections and, upon recon-
sideration, is not approved by a two-
thirds vote of all the members but is
approved by at least a majority thereof,
may be submitted to referendum by a
majority of all the members. Bills thus
submitted to referendum shall be voted
on at the next succeeding regular elec-
tion occurring at least sixty days after
action is taken to submit them, unless
6 national municipal league, model
state constitution 45 (6th ed. 1963)
(hereafter cited as model state constitu-
tion ) .
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the legislature shall provide for their
submission at an earlier date."7 This
provision is placed in the appendix
rather than the body of the model
since it is considered to be a "compen-
satory" device designed to overcome
problems which exist in only a few-
states. It is designed to resolve dead-
locks between the governor and the
legislature by authorizing a referen-
dum on bills vetoed by the governor
or on bills which fail to pass the
legislature.
Maryland's experience and prospects
indicate no need for such a provision.
The section was undoubtedly conceived
as a "child of necessity" in an attempt
to permit the governor, a statewide elec-
ted official, to represent the urban masses
effectively and if necessary, pass legisla-
tion without the consent of a non-popu-
lation-based legislature. Now that Mary-
land has a fairly apportioned legislature,
this need is removed.
Furthermore, the section appears un-
desirable. The electorate cannot be ex-
7 model state constitution 118.
153
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