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General Assembly Senate Joint
Resolution No. 7
January Session, 2023
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 3
purposes, 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 11
for representative shall be declared to be duly elected for such district. 12
The general assembly shall provide by law the manner in which an 13
equal and the greatest number of votes for two or more persons so 14
voted for for senator or representative shall be resolved. The return of 15
votes, and the result of the canvass, shall be submitted to the house of 16
representatives, [and] to the senate and to the supreme court on the 17
first day of the session of the general assembly. [Each house shall be 18 Senate Joint Resolution No. 7
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the final judge of the election returns and qualifications of its own 19
members] The judicial department shall have exclusive jurisdiction to 20
adjudicate disputes or questions regarding the election returns of 21
members of the general 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 28
amendments to the Constitution. The designation of said proposed 29
amendment to be used on the ballots at such election shall be "Shall the 30
Constitution of the State be amended to provide for judicial review of 31
disputes and questions regarding elections to the General Assembly?"32
GAE Joint Favorable