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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 545   View pdf image (33K)
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[Nov. 9] DEBATES 545
THE CHAIRMAN: In. the absence of
objection, the typographical corrections will
be made to change the numeral "5" in line
12 to the numeral "20," and to change the
numeral "35" in line 14 to the numeral
"40."
Is there any objection?
The amendment will be corrected.
Delegate Sherbow, does that appear any-
where else in the amendment, do you know?
DELEGATE SHERBOW: I am reading
this now for the first time.
THE CHAIRMAN: Would you please
look at it while the reading clerk is read-
ing?
DELEGATE SHERBOW: Yes, sir.
THE CHAIRMAN: Mr. Clerk, please
read the amendment.
READING CLERK: Amendment No. 9
to Committee Recommendation LB-I by
Delegate Sherbow: On pages 1 and 2 of
Committee Recommendation LB-I strike all
of Section 3.04, Composition of the Legis-
lature, and insert in lieu thereof the fol-
lowing section:
"Section 3.04. Composition of the Legisla-
ture.
The number of members of each house of
the legislature shall be as prescribed by
law, but the number of votes in the House
of Delegates shall not exceed one hundred
twenty and the number of members of the
Senate shall not exceed forty. Each dele-
gate shall represent one delegate district
and each senator shall represent one senate
district."
THE CHAIRMAN: For what purpose
does Delegate Sherbow arise?
DELEGATE SHERBOW: It requires
an amendment at the point the clerk con-
cluded reading. In line 14, instead of "not
exceed 40," it should say "not exceed one-
third thereof."
THE CHAIRMAN: In the absence of
objection, in line 14, strike the numeral
"40," which was substituted for the nu-
meral "35," and insert the words "one-third
thereof."
For what purpose does Delegate Wheat-
ley rise?
DELEGATE WHEATLEY: Mr. Chair-
man, in line with the policy we have
adopted, would I be correct in assuming
that we will divide the issue after the
words "one-third thereof"?
THE CHAIRMAN: We will divide the
question so that the question of single
member district can be presented sepa-
rately.
DELEGATE WHEATLEY: Thank you,
Mr.. Chairman.
THE CHAIRMAN: The Clerk will pro-
ceed with the reading.
READING CLERK: "Each senator shall
have one vote in the Senate. Each delegate
shall have one vote in the House of Dele-
gates, except delegates from those coun-
ties which are so insufficient in population
that they are not entitled to elect at least
one delegate completely from within the
boundaries of the county. In only these in-
sufficient population counties, one delegate
shall be elected from the entire county
casting a percentage vote weighted in ac-
cordance with the population of the county.
If any county entitled to more than one
delegate is completely surrounded by coun-
ties so insufficient in population that all
their delegates cast a percentage vote, that
county shall be entitled to its full number
of delegates with one vote plus one dele-
gate casting a percentage vote."
THE CHAIRMAN: Is the amendment
seconded?
(Whereupon, the amendment was duly
seconded.)
THE CHAIRMAN: The Chair recog-
nizes Delegate Sherbow to speak to the
amendment.
DELEGATE SHERBOW: Mr. Chair-
man, I saw this amendment for the first
time today and I have offered it because I
believe by the democratic processes this
assemblage has the right to the opportu-
nity to debate those issues which arise.
In the course of the debate on the sub-
ject of the number of delegates and sena-
tors in the General Assembly, the point
was made that if the General Assembly
had one number, there would be an oppor-
tunity given to this convention to vote on
the subject of fractional voting; if, how-
ever, the larger number prevailed, and it
did, that they would not then have this
amendment before them. I said, and I be-
lieve I am right, that it is the kind of
development that I would be willing to
foster, namely, present such a resolution
for its decision to you.
The amendment presented, or drafted
originally by Senator James dark provides
in effect that each senator have one vote


 
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Proceedings and Debates of the 1967 Constitutional Convention
Volume 104, Volume 1, Debates 545   View pdf image (33K)
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