Resolution Proposing A State Constitutional Amendment To Allow Judicial Review Of Contested General Assembly Elections.
If enacted, this amendment would enforce a significant change in how contested elections are handled at the state level. Jurisdiction would be removed from the General Assembly, thus ensuring an independent judiciary addresses disputes related to election returns and qualifications of its members. Proponents argue that this shift will lead to fairer outcomes in contested elections, minimizing potential bias that may arise when lawmakers adjudicate their own electoral results. This change aims to reinforce public confidence in the electoral process and safeguard the principles of democracy in the state.
SJ00013 is a Senate Joint Resolution proposing a state constitutional amendment that seeks to transfer the authority over contested general assembly elections from the legislature to the Judicial Department. The motivation behind this amendment is to enhance the integrity and impartiality of the election process for members of the General Assembly by allowing the judicial system to oversee election disputes. Currently, the General Assembly holds jurisdiction over its own election outcomes, which raises concerns about conflicts of interest during contested elections.
The proposed amendment also presents points of contention among legislators and stakeholders. Opponents may argue that removing this authority from the General Assembly could lead to overreach from the judiciary and diminish the legislative branch's ability to regulate its own electoral processes. They may express concerns about the implications this could have on the balance of power between the branches of government. Additionally, there may be fears regarding the operational details of how the Judicial Department would manage these contested elections and whether it possesses the necessary resources and expertise for such responsibilities.