Constitutions and Elections

Section II CONSTITUTIONS AND ELECTIONS \ K 1. Constitutions 2. Elections A J' - -.: \ \ ' '"' •• • 1 • . .1 \ • i • . • • • - • ® •;;/ : ; *k*.«ii«'tt*S'*fVT' fX • \ A-. .J- .. - —-» .t. ^,^ a ^ '•^'•'^ / lSh • r- 7 1 • • ^r. <C-1 . Constitutions STATE CONSTITUTIONS AND CONSTITUTIONAL REYISION--JULY, 19.51-JUNE, 1953* r I fHE LONG ERA in which most state rather than on the first day of the biennial I ; constitutions. have remained little session of the General Assembly in Janu -^ changed continues. Orie-Xourth, of ary. This was necessary in order to avoid the exfeting constitutions were framed prior a repetition of time-consuming contests —in some cases long prior—to 1870. One- over certification in a divided legislature. half were framed betweenil 870 and 1900. These questions were-submitted to the " .One-fourth have emerged since 1^0 and electorate atâ special election held Jifce only four of these in the last fifteen years. 22, 1953, at which there was a very light The. avejrage .age of the forty-eight consti votie—only about 3 pen^cent or approxi tutions in 1953 came to seventy-eight and mately 35,000 of the state's 1,185,000 vot one-half years. ers. Both proposals received the over- Constitutional amendments were adopt whielming endorsement of those who voted.^ ed in more than half oT the states during the period from mid-1951 to mid-1953. FLORIDA Many of these were .limited in-scope. The 1951 Florida legislature proposed Summaries for several states in which ac eleven aniendments. Of these, only one tion was extensive appear below. was approved by the votersât the Novem ber election of that year—a proposal to. CONNECTICUT . enable counties to use funds they would The Connecticut Commission on State , receive from the state over a period of-- Government Organization in 1950 recom years for immediate construction in capital mended a thorough revision of the state's improvement programs. In the 1953 ses-. constitution. The legislature in its 1951 sion, an amendment to increase the com session rejected the proposal for a general pensation of members of the legislature and. revision in favor of a constitutional codifi authorizing thirty additional session days cation, of the forty-seven amendments was approved for submission to the voters, adopted since, the last similar action in as were others dealing with local and some 1818.^This proposal, in keeping with the othei: matters.- In keeping with an ea.rlier requirements, of the amending process, plan to proceed with revision on an article- was approved a second time, uiianimous- by-article basis, the legislature âuthorized . ly, in the- lt)53 session. In 1951 and 1953 appointment of a study group to^ examine the legislature also approved a forty-eighth the state judicial systeni and bo make . amendment to the constitution, providing recommendations 'for its improWment. for the certification of the election ofstate officers on December 15 after an election, ^jYew York Times, June 23, 1953, and Hartford Courant, June 23 and editisrial, June 24, 1953. *Prepared by W. BROOKE GRAVES, Chief, Gov ^Based in part on information. furnished by ernment Division, Legislative Reference Service, Wilson K. Doyle, Dean of the School of Public Libraryôf Congress. Administration, Florida'State University. 65 0 66 THE BOOK OF THE STATES These probably will include one or more As a result of action taken at the 1953 ses- • proposed constitutional amendmciTts. siori, two more proposals will appear on the ballot at the 1954 general election: (1) ILLINOIS to increase the term of office of the State The Illinois Constitution of 1870 Has Treasurer frqm two to four years; (2).to* been amended only nine times since 1870, inake possible a legislative apportionment. only three times since 1890. A constitution Another, providing for judicial reform, drafted by the. 1919* convention was re passed one house but failed in the othcr.f jected by the yoters. A proposal to hold a convention, submitted to the voters in OHIO ' 1934, was rejected. .After five unsuccessful The Ohio Constitution of 1912 provides attempts between 1892 and 1946 to alter for a periodic vote (every twenty years) on the amending procedures prescribed in the question of calling a constitutional con the original document, a bipartisan com vention. The provision is mandatory, and € mission, was. set up in 1949. The efforts of prior action by the General Assembly is not t|his commission in support\of still another required. In anticipation of a referendum, so-called Gateway Amendment, which was the Ohio Program Commission late in adopted at the 1950 general election, re 1949 established a cornmittcc to study the sulted iii the first constitutional change in advisability of a constitutional convention: forty-two years. Previously only one Several statevyide organizations took ah ac amendment could be ofTered at an elec^ tive interest,, meetings were held through tion, and for adoption it had to receive out the state to acquaint the people with affirmative votes equal to a majority of all the issues, and afi active educational cam the votes cast. paign was carried on. The Gateway Amendment was the The referendum held in 1912 had re fifteenth to be submitted to the electorate sulted in an adverse vote; that held in 1932 since 1891 and the third to obtain suffici at the time of the general election produced ent votes to insure adoption. It provides a siniilar result.. "The electorate in 1952 that hereafter an amendment may be ap turned down the convention proposal bv proved (1) by the affirmative votes of a a vote of 1,960,209 to 1,018,020; if the majority of thdse voting in the election or nearly 700,000 pcrsotis—or 20 per cent of (2) if twice as many electors vote for the the state's voters—who" fail'ed to signify :amendment as vote against it. In addition their choices on-'the issue had voted for to reducing the voting. requirerTfents for the convention, the proposition;still would . proposals for constitutional change^ the have failed of adoption. "I • Gateway Amendment permits the sul> A post-election analysis by Forest Frank^ mission of changes to three articles of the attributed the defeat to "the effect of in constitution instead of one at any one elec adequate funds for education aind promo tion. Supporters of this measure were tion . aggravated by the demands of the striving to make possible changes in the national campaign which drowned out tax system, legislative reapportionment, the efforts, of enthusiastic volunteers to and greater representation of the Chicago secure a hearing. In the end, it is probable area in the Supreme Court." that (he issue was defeated as much by . As a result of the Gateway Amendment, lack of information as by the effectiveness -Illinois-voters "at'the general election of of the campaign of its .opponents." The 1952 had an opportunity to pass upon four major issues advanced may be summarized propositions: (1) permitting the classifica tion of property for purposes of taxation; "Current information supplied by Professor Neil (2) permitting the sheriff or county treas F. Garvey, University of Illinoi.s. ••"Ohio Turns Down Constitutional Reform," urer to succeed himself; (3) eliminating the National Municipal Review^ December. 1952, pp. limitations of 1870 on the salaries of 565-566; see also Glosser, Lauren A., Ohio's Con county officers; (4) removing the double stitution in the Making (Ohio Program i'Commission, liability of the stockholders of state banks, Colunibus, 1950) and Walker, Harvey, Ed,, and others, An Analysis and Appraisal of the Ohio State as had been done in forty-six other states. Constitution,.1851-1957 {Stephen H. Wilder Foun Only the last of these propositions carried.. dation, Cincinnati, 1951). 1 CONSTITUTIONS AND ELECTIONS'^ 67 as. follows: For revision: The need for a vention may he summarized briefly: (1) greater measure'of horrie rule for Ohio Future anieridmcnts would require • for cities, longer terms for state officers, a ratification a majority of votes cast in the shorter.ballot, provision for a new method gubernatorial election. This would ease of judicial selection similar to that now the present requirement for a vote equal employed in California, Missouri and New to or exceeding that of all votes cast for, Jersey, and a more equitable legislative members of the legislature—which no apportiofirnent. • Against revision: The cost amendment ever approached. In addi of a convention in a period of emphasis on tion, .the legislature would be given spe governmental economy, fQar that a con cific power to initiate the calling of future vention, would result in a trading of inter limited constitutional conventions. (2) ests and logrolling, and something which Increase of legislative compensation from one of the leading papers in the state de-. $4.00 to $10 per day and $5.00 expenses, scribed editorially as "unpredictable diver plus mileage, is proposed, with provision sions of good intentions.'S . whereby two consecutive legislatures may increase the pay of the\third. (3) The TENNESSEE Governor's term'would be increased from The Tennessee Constitution of 1870 re two years to four, without the possibility mains af this writing the only unamended of immediate succession, the election to be state constitution in the United States, held in the "ofTyear" when no/presidential Now a convention has subrhitted revision raGQWs involved. (4) The Goyernor's veto in several impprtant particulars to the elec powers would be broadened by authori- torate. Previously there had been thirteen / z^tion of item veto on appropriation bills. efforts at amendment, between 1887 and /The time allowed the Governor for acting 1950, all of which ended in failure. Fol-. /on bills would be.

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