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| 1 | 1 | ||
| 2 | 2 | ||
| 3 | - | LCO \\PRDFS1\SCOUSERS\KEHOET\WS\2023SJ-00007-R02- | |
| 4 | - | SB.docx | |
| 5 | - | 1 of 2 | |
| 3 | + | LCO No. 4843 1 of 2 | |
| 6 | 4 | ||
| 7 | - | General Assembly Senate Joint | |
| 8 | - | ||
| 5 | + | General Assembly Senate Joint Resolution | |
| 6 | + | No. 7 | |
| 9 | 7 | January Session, 2023 | |
| 8 | + | LCO No. 4843 | |
| 9 | + | ||
| 10 | + | ||
| 11 | + | Referred to Committee on GOVERNMENT ADMINISTRATION | |
| 12 | + | AND ELECTIONS | |
| 13 | + | ||
| 14 | + | ||
| 15 | + | Introduced by: | |
| 16 | + | (GAE) | |
| 10 | 17 | ||
| 11 | 18 | ||
| 12 | 19 | ||
| 13 | 20 | RESOLUTION PROPOSING A STATE CONSTITUTIONAL | |
| 14 | 21 | AMENDMENT TO PROVIDE FOR JUDICIAL REVIEW OF CONTESTED | |
| 15 | 22 | GENERAL ASSEMBLY ELECTIONS. | |
| 16 | 23 | Resolved by this Assembly: | |
| 17 | 24 | ||
| 18 | 25 | Section 1. That the following be proposed as an amendment to the 1 | |
| 19 | 26 | Constitution of the State, which, when approved and adopted in the 2 | |
| 20 | - | manner provided by the Constitution, shall, to all intents and 3 | |
| 21 | - | ||
| 27 | + | manner provided by the Constitution, shall, to all intents and purposes, 3 | |
| 28 | + | become a part thereof: 4 | |
| 22 | 29 | Section 7 of article third of the Constitution is amended to read as 5 | |
| 23 | 30 | follows: 6 | |
| 24 | 31 | Sec. 7. The treasurer, secretary of the state, and comptroller shall 7 | |
| 25 | 32 | canvass publicly the votes for senators and representatives. The person 8 | |
| 26 | 33 | in each senatorial district having the greatest number of votes for 9 | |
| 27 | 34 | senator shall be declared to be duly elected for such district, and the 10 | |
| 28 | - | person in each assembly district having the greatest number of votes 11 | |
| 29 | - | for representative shall be declared to be duly elected for such district. 12 | |
| 30 | - | The general assembly shall provide by law the manner in which an 13 | |
| 31 | - | equal and the greatest number of votes for two or more persons so 14 | |
| 32 | - | voted for for senator or representative shall be resolved. The return of 15 | |
| 33 | - | votes, and the result of the canvass, shall be submitted to the house of 16 | |
| 34 | - | representatives, [and] to the senate and to the supreme court on the 17 | |
| 35 | - | first day of the session of the general assembly. [Each house shall be 18 Senate Joint Resolution No. 7 | |
| 35 | + | person in each assembly district having the greatest number of votes for 11 | |
| 36 | + | representative shall be declared to be duly elected for such district. The 12 | |
| 37 | + | general assembly shall provide by law the manner in which an equal 13 | |
| 38 | + | and the greatest number of votes for two or more persons so voted for 14 | |
| 39 | + | Senate Joint Resolution No. 7 | |
| 36 | 40 | ||
| 37 | 41 | ||
| 38 | - | LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2023SJ-00007- | |
| 39 | - | R02-SB.docx } | |
| 40 | - | 2 of 2 | |
| 42 | + | LCO No. 4843 2 of 2 | |
| 41 | 43 | ||
| 42 | - | the final judge of the election returns and qualifications of its own 19 | |
| 43 | - | members] The judicial department shall have exclusive jurisdiction to 20 | |
| 44 | - | adjudicate disputes or questions regarding the election returns of 21 | |
| 45 | - | members of the general assembly. 22 | |
| 44 | + | senator or representative shall be resolved. The return of votes, and the 15 | |
| 45 | + | result of the canvass, shall be submitted to the house of representatives, 16 | |
| 46 | + | [and] to the senate and to the supreme court on the first day of the 17 | |
| 47 | + | session of the general assembly. [Each house shall be the final judge of 18 | |
| 48 | + | the election returns and qualifications of its own members] The judicial 19 | |
| 49 | + | department shall have exclusive jurisdiction to adjudicate disputes or 20 | |
| 50 | + | questions regarding the election return of members of the general 21 | |
| 51 | + | assembly. 22 | |
| 46 | 52 | RESOLVED: That the foregoing proposed amendment to the 23 | |
| 47 | 53 | Constitution be continued to the next session of the General Assembly 24 | |
| 48 | 54 | elected at the general election to be held on November 5, 2024, and 25 | |
| 49 | 55 | published with the laws passed at the present session, or be presented 26 | |
| 50 | 56 | to the electors at the general election to be held on November 5, 2024, 27 | |
| 51 | - | whichever the case may be, according to article sixth of the 28 | |
| 52 | - | amendments to the Constitution. The designation of said proposed 29 | |
| 53 | - | amendment to be used on the ballots at such election shall be "Shall the 30 | |
| 54 | - | Constitution of the State be amended to provide for judicial review of 31 | |
| 55 | - | disputes and questions regarding elections to the General Assembly?"32 | |
| 57 | + | whichever the case may be, according to article sixth of the amendments 28 | |
| 58 | + | to the Constitution. The designation of said proposed amendment to be 29 | |
| 59 | + | used on the ballots at such election shall be "Shall the Constitution of the 30 | |
| 60 | + | State be amended to provide for judicial review of disputes and 31 | |
| 61 | + | questions regarding elections to the General Assembly?" 32 | |
| 62 | + | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except | |
| 63 | + | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not | |
| 64 | + | underlined.] | |
| 56 | 65 | ||
| 57 | - | GAE Joint Favorable | |
| 66 | + | Co-Sponsors: SEN. KELLY, 21st Dist. | |
| 67 | + | ||
| 68 | + | S.J. 7 | |
| 69 | + | ||
| 58 | 70 |