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General Assembly Senate Joint Resolution
No. 7
January Session, 2023
LCO No. 4843
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
RESOLUTION PROPOSING A STATE CONSTITUTIONAL
AMENDMENT TO PROVIDE FOR JUDICIAL REVIEW OF CONTESTED
GENERAL ASSEMBLY ELECTIONS.
Resolved by this Assembly:
Section 1. That the following be proposed as an amendment to the 1
Constitution of the State, which, when approved and adopted in the 2
manner provided by the Constitution, shall, to all intents and purposes, 3
become a part thereof: 4
Section 7 of article third of the Constitution is amended to read as 5
follows: 6
Sec. 7. The treasurer, secretary of the state, and comptroller shall 7
canvass publicly the votes for senators and representatives. The person 8
in each senatorial district having the greatest number of votes for 9
senator shall be declared to be duly elected for such district, and the 10
person in each assembly district having the greatest number of votes for 11
representative shall be declared to be duly elected for such district. The 12
general assembly shall provide by law the manner in which an equal 13
and the greatest number of votes for two or more persons so voted for 14
Senate Joint Resolution No. 7
LCO No. 4843 2 of 2
senator or representative shall be resolved. The return of votes, and the 15
result of the canvass, shall be submitted to the house of representatives, 16
[and] to the senate and to the supreme court on the first day of the 17
session of the general assembly. [Each house shall be the final judge of 18
the election returns and qualifications of its own members] The judicial 19
department shall have exclusive jurisdiction to adjudicate disputes or 20
questions regarding the election return of members of the general 21
assembly. 22
RESOLVED: That the foregoing proposed amendment to the 23
Constitution be continued to the next session of the General Assembly 24
elected at the general election to be held on November 5, 2024, and 25
published with the laws passed at the present session, or be presented 26
to the electors at the general election to be held on November 5, 2024, 27
whichever the case may be, according to article sixth of the amendments 28
to the Constitution. The designation of said proposed amendment to be 29
used on the ballots at such election shall be "Shall the Constitution of the 30
State be amended to provide for judicial review of disputes and 31
questions regarding elections to the General Assembly?" 32
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
underlined.]
Co-Sponsors: SEN. KELLY, 21st Dist.
S.J. 7