1 1 SEVENTH SESSION 2 FAITHFUL PRESIDENTIAL ELECTORS ACT 3 SUNDAY MORNING, JULY 12, 2009 4 Levi J. Benton of Texas, presiding. 5 CHAIRPERSON BENTON: Good morning. 6 Levi Benton of Texas. 7 Faithful Presidential Electors Act. 8 initial reading of that act. 9 I'm This is a reading of the This is the Before I call upon Commissioner Nichols 10 to make an opening statement, I will invite the 11 members of the committee to introduce themselves, 12 starting from my right, please. 13 your hand and introduce yourself for the benefit of 14 the reporter. 15 COMMISSIONER RICHARD A. CHAMPAGNE 16 (Wisconsin): 17 Commissioner. 18 19 Commissioner Jim Bush, Arizona. COMMISSIONER MICHAEL J. WILKINS (Utah): Commissioner Wilkins, Utah. 22 23 COMMISSIONER JACK DAVIES (Minnesota): Davies, Minnesota. 24 25 Champagne from Wisconsin, COMMISSIONER JAMES M. BUSH (Arizona): 20 21 If you will raise COMMISSIONER GENE N. LEBRUN (South Dakota): Lebrun, South Dakota. ADAMS CONVENTION REPORTING (417) 742-3817 2 1 2 COMMISSIONER TERESA ANN TILLER (Mississippi): 3 4 COMMISSIONER JAMES BOPP, JR. (Indiana): Bopp, Indiana. 5 6 COMMISSIONER JESS O. HALE, JR. (Tennessee): 7 8 (Illinois): Shetterly, Oregon. COMMISSIONER CAM WARD (Alabama): MR. ROBERT BENNETT (Reporter): Bob Bennett, reporter, from Illinois. 15 16 Ward, Alabama. 13 14 Tenenbaum, Illinois. COMMISSIONER LANE SHETTERLY (Oregon): 11 12 Hale, Tennessee. COMMISSIONER J. SAMUEL TENENBAUM 9 10 Tiller, Mississippi. COMMISSIONER SUSAN KELLY NICHOLS (North Carolina): 17 Susan Nichols, North Carolina. CHAIRPERSON BENTON: I will now call 18 upon Commissioner Nichols to make an opening 19 statement. 20 COMMISSIONER NICHOLS: Good morning. 21 This is probably the shortest act you're going to 22 see in a while, but it's an important one. 23 Before we start reading, I would like to 24 make a few points to put in context what we're 25 trying to do. First of all, we're extremely ADAMS CONVENTION REPORTING (417) 742-3817 3 1 fortunate to have Bob Bennett as our reporter. 2 only is he a professor and former dean of 3 Northwestern Law School, he is one of the leading 4 experts in the country on the electoral college. 5 His breadth of knowledge in this area is wide. 6 Not Unlike his breadth of knowledge, the 7 scope of what our committee is charged with doing is 8 very, very narrow. We are not reforming the 9 electoral college. That's not the mission of this 10 committee or the purpose of forming this committee. 11 What we're trying to deal with is the very narrow 12 problem of an elector who does not abide by the 13 wishes of the voters of his or her state and chooses 14 to vote for a different candidate, throwing things 15 into chaos after an election. 16 to deal only with that specific problem. 17 This act is tailored Our goal is, obviously, to provide the 18 voters of our states with confidence that the votes 19 they have cast will be honored when the electoral 20 college meets. 21 You may question why this act is 22 necessary, why the Conference has undertaken it, and 23 why do we need a uniform act. 24 acknowledge that the risk that an AWOL elector could 25 determine the outcome of a presidential election is Admittedly, we all ADAMS CONVENTION REPORTING (417) 742-3817 4 1 very, very small. 2 the harm to the democracy that could be caused by 3 such an action is tremendous. 4 should try to deal with the problem before it arises 5 rather than develop a solution after one arises. 6 But just as the risk is small, The view is that we We owe Jack Davies. He is known for his 7 persistence in the Scope and Program Committee. 8 has been pushing this idea. 9 problem since 1992. He has seen this Finally, he got some traction 10 in the Conference in the last few years. 11 committee was assembled to follow up and to deal 12 with the problem that is a real problem. 13 He This Some of you may be shocked, as I was, to 14 learn that the Constitution of our country does not 15 deal with what would happen if a situation developed 16 between the election and the meeting of the 17 electoral college. 18 actually been a novel written by Jeff Greenfield 19 that several of our committee members have read that 20 brings that to life and highlights just how 21 significant a problem could develop if we had 22 electors not honoring the votes of their states. 23 There's a void there. There has The reason a uniform law is needed is 24 because 30 states have recognized the problem 25 already. The remedies they have chosen are varied. ADAMS CONVENTION REPORTING (417) 742-3817 5 1 They're pretty broad. 2 what the states have chosen to do. 3 for example, put someone in jail if they don't vote 4 as they're supposed to as an elector. 5 doesn't necessarily solve the problem of their 6 faithlessness. 7 There is not uniformity in Some, my state, But that The other thing that a uniform act would 8 do for those of you who are involved in the 9 political process, you can easily see that if there 10 is not uniformity among the states and there is an 11 extremely close election, the candidates and the 12 parties will be tempted to try to peel off an 13 elector or two or three or however many they need to 14 determine the outcome of a presidential election. 15 It's our hope with a uniform act that 16 narrowly tailors and addresses the problem of a 17 faithless elector, we can prevent that kind of 18 situation developing that would undermine the 19 confidence of our public in the democracy. 20 This morning we ask you to bear with us. 21 We have very short time here, less than an hour. 22 have tried to make some policy decisions. 23 explained, the states have had different remedies 24 that they have used to deal with the faithless 25 elector. We have looked at those states. ADAMS CONVENTION REPORTING As I We have (417) 742-3817 We 6 1 made some decisions. 2 feedback on the major policy questions. 3 appreciate minor comments, you know, the kinds of 4 things that aren't major policy decisions, but we 5 ask that you put those in writing and deliver them 6 to Cam Ward, who is seated next to Bob Bennett, our 7 reporter. 8 9 What we need from you today is We also Just to give you a brief overview of our policy decision. In Section 3 of our act, we 10 require a potential elector to execute a pledge to 11 vote for the winning presidential candidate. 12 provide for an alternate list of electors. 13 14 We In Sections 3 and 5 we provide a process for filling vacancies in elections. 15 In Section 6 we declare the position to 16 be vacant of an elector who does not honor the 17 pledge and it is to be filled in the way that 18 vacancies are to be filled as spelled out in Section 19 5. 20 As I indicated, we would like you to 21 focus on the policy that we have adopted. Professor 22 Bennett wrote a very informative memo that is behind 23 the act in your notebooks. 24 chance to read it, it's a wonderful history lesson 25 and also an explanation of some of the background of If you haven't had a ADAMS CONVENTION REPORTING (417) 742-3817 7 1 the decisions that we made. 2 I commend that to you. Finally, we're going to read the title 3 of the act. I've gotten some comments. If any of 4 you have ideas for a different name for the act, 5 please submit them to Cam Ward and we will consider 6 them. 7 that they believe Adulteress Presidential Elector 8 Act might be more faithful to the mission that we 9 have and the topic. The Hawaii delegation has already told us 10 [Laughter] 11 COMMISSIONER NICHOLS: We'll decide that 12 on another day. Those kinds of comments would best 13 be submitted in writing for us to consider. 14 The last thing, for those states, there 15 are about five or six now, and several more have it 16 in their legislatures, that have adopted the 17 National Popular Vote initiative. 18 lengthy commentary from that organization. 19 that we need to relook at our act and make sure it's 20 neutral so that it doesn't take a position on that. 21 We're not, again, trying to reform the electoral 22 college or somehow alter how it functions. 23 just trying to preserve the faithfulness of our 24 electors. 25 We've received We know We're With that, we would like to read the ADAMS CONVENTION REPORTING (417) 742-3817 8 1 act. Thank you. 2 CHAIRPERSON BENTON: We'll now proceed 3 with a reading of the act. 4 of South Dakota will read Sections 1 and 2. 5 Commissioner Lebrun. 6 COMMISSIONER GENE N. LEBRUN (South 7 Dakota): 8 be cited as the Faithful Presidential Electors Act." 9 "SECTION 1. Commissioner Gene Lebrun SHORT TITLE. CHAIRPERSON BENTON: 10 comments on Section 1? 11 Microphone 1. 12 This [act] may Any questions or The commissioner at COMMISSIONER LANCE KINZER (Kansas): 13 This is a general question. I haven't had an 14 opportunity to read Professor Bennett's article so 15 it may be answered. 16 discomfort with the idea of state statutory 17 provisions that define the role of an elector. 18 other words, it has always seemed to me that the 19 Constitution is clear that the states have broad 20 discretion in terms of defining the manner in which 21 electors are selected. 22 least an argument can be made that the actual role 23 of the elector, which includes implied discretion in 24 the way the Constitution is drafted in terms of who 25 they would vote for, is a matter that is described I've always had some level of In But it seems to me that at ADAMS CONVENTION REPORTING (417) 742-3817 9 1 and dealt with in the Constitution itself. 2 be that there is case law out there that I'm not 3 familiar with or that this question has a simple 4 answer. 5 provisions of this type where a state actually 6 attempts to define not the manner of selection of an 7 elector but the role of an elector raise 8 constitutional questions in and of itself. 9 just be interested. 10 It may But it's just always struck me that I would I raise it here at the outset because it is just kind of a general question. 11 COMMISSIONER SUSAN KELLY NICHOLS (North 12 Carolina): 13 in Professor Bennett's memo. 14 giving you a thumbnail version of it. 15 Commissioner, it is dealt with at length I'll take a stab at I think the view of elector discretion 16 and the way we elect the President has evolved since 17 the Constitution was adopted. 18 popular perception that when they go to the polls 19 they're voting for candidates and not electors that 20 they then want to go and choose who will be 21 President. 22 There is considerable There has been some case law out of 23 Alabama. The U.S. Supreme Court decided a case 24 involving a pledge to a party to remain loyal to 25 that party's nominee. It's the Blair case. ADAMS CONVENTION REPORTING That's (417) 742-3817 10 1 one of the reasons our committee chose to use the 2 approach of a pledge, because we believe that would 3 be one of the most constitutionally defensible ways 4 of addressing the problem. 5 CHAIRPERSON BENTON: Commissioner Ward. 6 COMMISSIONER CAM WARD (Alabama): What 7 you raise is the question at the heart of the entire 8 purpose of this draft. 9 Anyone looking at the title would say, well, you You're exactly right. 10 know, it's clearly outlined in the Constitution for 11 the electoral college. 12 wonderful job in his memo. 13 Professor Bennett has done a It did evolve over time. The Blair case in 1952 in Alabama really 14 kind of laid out a lot of arguments that a lot of 15 people don't realize, and that is that, yes, states 16 do have a lot of authority on how to regulate 17 faithfulness. 18 actually with regard to when someone is pledged or 19 not pledged. 20 that have so-called faithful electoral pledges. 21 far those have been upheld in the court. 22 body of case law out there. 23 rich as we would like for it to be. 24 questions that you're asking, that is the 25 fundamental question that is going to be asked about They do have a lot of authority Over the years, you have 30 states now So There is a It's probably not as ADAMS CONVENTION REPORTING But I think (417) 742-3817 11 1 the purpose of this act. 2 addressed early on. 3 4 It's one that has to be COMMISSIONER KINZER: Thank you very much. 5 CHAIRPERSON BENTON: Commissioner. 6 COMMISSIONER LANE SHETTERLY (Oregon): 7 Just to help direct you to that, discussion of 8 constitutionality and the Blair case in particular 9 begins on Page 5 of the memorandum. 10 11 CHAIRPERSON BENTON: Commissioner Langrock at Microphone 5. 12 COMMISSIONER PETER F. LANGROCK 13 (Vermont): 14 other than in the title? 15 Is the word "faithful" used in the act COMMISSIONER CAM WARD (Alabama): To my 16 knowledge, actually it is not, but I don't want 17 to -- it could be, yes, sir. 18 COMMISSIONER LANGROCK: I looked through 19 it and I didn't see it. 20 definition of it as well. 21 me to read an act, which has a title, and uses a 22 word which is undefined and which has all sorts of 23 meanings and not find it in the act anywhere. 24 25 I noticed there is no It's a little unusual for COMMISSIONER WARD: good point. You raise a very In fact, this was originally, if I'm ADAMS CONVENTION REPORTING (417) 742-3817 12 1 not mistaken, the committee was actually named 2 something else originally. 3 good point. 4 here to listen to you. 5 into consideration in our drafting. 6 7 As the chairman said earlier, we're We'll definitely take that CHAIRPERSON BENTON: The Commissioner at Microphone 1. 8 9 I think you raise a very COMMISSIONER JOHN L. FELLOWS (Utah): I have a question conceptionally that I need answered. 10 I'm thinking practically about what would happen if 11 during the time between the General Election when a 12 candidate is elected -- when that party's chosen 13 candidate -- and their vice presidential candidate 14 perhaps, dies. 15 to me that by this act we're potentially limiting 16 the flexibility then of giving the presidential 17 electors the opportunity to solve that problem. 18 sure you've thought about that. 19 know what you think. Under those circumstances, it seems I'm I would like to 20 CHAIRPERSON BENTON: 21 COMMISSIONER SUSAN KELLY NICHOLS (North 22 Carolina): 23 point. 24 statement. 25 We've had one drafting session. Chair Nichols. Commissioner, thank you for raising that I meant to mention it in my opening That's actually one that we discussed. ADAMS CONVENTION REPORTING We decided not to (417) 742-3817 13 1 deal with the death or incapacitation of a candidate 2 in that narrow period. 3 input of the Conference on whether you think we 4 should, for example, loosen the restrictions on the 5 electors should that develop, whether you think that 6 would be good policy. 7 could spell out a little bit some of the discussion 8 on the question of death. 9 10 We would very much like the Perhaps Professor Bennett CHAIRPERSON BENTON: Commissioner Langrock at Microphone 5. 11 COMMISSIONER PETER F. LANGROCK 12 (Vermont): 13 discovered dishonesty of the candidate? 14 felt that if I were an elector my duty would be to, 15 first of all, support the person who I was elected 16 for, but if that person proved unworthy, either by 17 incapacity or death or corruption of some sort, that 18 my duty and faithfulness would be to elect the best 19 person that is available for the job. 20 think you conduct this issue. 21 essence and crux of what the meaning of the word 22 "faithful" is. 23 To expand upon that, what about I've always I just don't I think this is the MR. ROBERT BENNETT (Reporter): These 24 are real problems, serious questions. 25 as Chairman Nichols said, we did talk about them a ADAMS CONVENTION REPORTING I point out, (417) 742-3817 14 1 little bit and decided at this stage to defer them, 2 which is not to say that we wouldn't welcome some 3 suggestions. 4 Let me just make a comment or two to 5 sort of qualify the point. 6 things to express my concern with dealing with these 7 problems, which are real, through the discretion of 8 electors. 9 I guess I would say two One is that the problem can occur 10 immediately after the electors vote, just as it can 11 immediately before the electors vote. 12 there is no answer in elector discretion to be found 13 then. 14 fully worthy of attention from state legislatures, 15 and they haven't received them. 16 be dealt with in this act or not is a different 17 question. 18 Presumably Those are real problems at both times and are Whether that should The second thing I would say, take your 19 dishonesty, dishonesty that emerges about a 20 presidential candidate before the electors have met. 21 I have a real question of whether electors are the 22 right vehicle for dealing with that. 23 same sort of overarching problem that generates our 24 act still present -- that is to say, the voters in 25 virtually all states went to the polls thinking they ADAMS CONVENTION REPORTING We have the (417) 742-3817 15 1 were voting for X and now the electors make a 2 judgment, if we were to follow this up, that X isn't 3 going to be the President because they deem him to 4 have been dishonest. 5 are difficulties. 6 that. 7 8 There is tension here. I don't have any doubt about We welcome suggestions about how these might be dealt with. 9 COMMISSIONER LANGROCK: 10 follow up on that very briefly. 11 CHAIRPERSON BENTON: 12 There If I could just Commissioner Langrock. 13 COMMISSIONER LANGROCK: The elector, if 14 they're nothing but a conduit, this whole thing is a 15 fiction. 16 that -- take the example of the recent governor of 17 Illinois. 18 elector was told they had to cast the vote for 19 President, that would be a travesty, as far as I'm 20 concerned. 21 system, they must have some discretion, some 22 authority, or they're meaningless. 23 24 25 If they're to have any authority, anything If those disclosures were made and an If you want to keep the electoral COMMISSIONER JAMES BOPP, JR. (Indiana): Could I address that, please? CHAIRPERSON BENTON: ADAMS CONVENTION REPORTING Commissioner (417) 742-3817 16 1 2 Shetterly. COMMISSIONER LANE SHETTERLY (Oregon): 3 To respond to that, I was speaking personally 4 because we did not discuss, I don't believe, in the 5 committee this issue of dishonesty discovered 6 between the date of the election and the date of the 7 electoral college votes. 8 9 Speaking personally, my concern about that to explicitly acknowledge that and empower the 10 electors to have that power, to vote other than 11 their states based on some later discovered evidence 12 really I think suggests that the campaign doesn't 13 end -- won't end until the electoral college meets. 14 In fact, might even become more intense after the 15 date of the election and before the electoral 16 college vote because you have fewer votes in play 17 and greater opportunity to influence. 18 I personally would not go down that road 19 to explicitly acknowledge electoral college member's 20 authority to act on just later discovered 21 information and say, well, we think that the voters 22 would have voted otherwise if they knew this. 23 24 25 Death or incapacity is an issue we have looked at and probably will some more. The other issue of later discovered ADAMS CONVENTION REPORTING (417) 742-3817 17 1 information is a real concern. 2 suggest to leave that to Congress after inauguration 3 if there is information so significant that has come 4 to light that might justify impeachment or some 5 other action. 6 7 CHAIRPERSON BENTON: Commissioner Burnett of Maryland at Microphone 4. 8 9 Better I would COMMISSIONER K. KING BURNETT (Maryland): I know you have a limited amount of time. I would 10 like to discuss at some point the death of the 11 President Elect. 12 be in Sections 5 and 6. 13 do you want to discuss it now, it was raised a 14 minute ago, or discuss it later after you've read 15 some of the sections? 16 17 In the context, in my mind, would I just wanted to make sure, CHAIRPERSON BENTON: Chairwoman Nichols, do you want to respond? 18 COMMISSIONER SUSAN KELLY NICHOLS (North 19 Carolina): 20 would be good to go on and get it. 21 move on and actually read some of the other more 22 substantive provisions. 23 24 25 If you have a brief comment now, it COMMISSIONER BURNETT: We do need to Well, I have a potential fix. COMMISSIONER JAMES BOPP, JR. (Indiana): ADAMS CONVENTION REPORTING (417) 742-3817 18 1 May I respond to that? 2 3 4 5 CHAIRPERSON BENTON: Just a second, please. COMMISSIONER BURNETT: potential fix. 6 CHAIRPERSON BENTON: 7 COMMISSIONER NICHOLS: 8 9 I have a Chairwoman Nichols. Commissioner Bopp, did you want to -COMMISSIONER BOPP: Yes. I think that 10 the term "President Elect" is not properly attached 11 until after the vote of the college. 12 election and the vote of the college, he is not the 13 President Elect. 14 act is whether the pledge will be required to be 15 fulfilled, and that is at the point of the meeting 16 of the electoral college the person would be 17 obligated to fulfill the pledge and vote for the 18 candidate, the winning candidate. 19 Between the Of course, the issue here for this Now, there are, it seems to me, three 20 circumstances. One circumstance is readily 21 ascertainable, has the person died. 22 possible criteria that could be employed or 23 considerations made, and that would be is the person 24 qualified to serve as President? 25 questions were raised in this last election on ADAMS CONVENTION REPORTING The second For instance, (417) 742-3817 19 1 whether either candidate was qualified as a citizen 2 or a naturalized citizen. 3 The third would be what Peter raised, 4 and that is like other issues that ought to be 5 considered in the circumstance. 6 I have suggested that we should 7 certainly deal with the number one, which is readily 8 ascertainable, and that an elector should be 9 relieved of his pledge to vote for a dead candidate. 10 That would allow the college to come to a resolution 11 of who ought to be elected President. 12 CHAIRPERSON BENTON: Commissioner Bush. 13 COMMISSIONER JAMES M. BUSH (Arizona): 14 Mr. Chairman, with respect to a couple of the 15 questions that have been raised about not dealing 16 with certain points, confining our effort to the 17 faithfulness of presidential electors. 18 aware that legislatures are very partisan bodies. 19 The mere title of this act is going to get immediate 20 attention when it's introduced. 21 We're all If we undertake to deal with some of 22 these difficult questions you have raised, this act 23 isn't going anywhere. 24 experience, for every one of these questions raised, 25 there is a partisan view, a different one. I can tell you from long ADAMS CONVENTION REPORTING If we (417) 742-3817 20 1 want to get a uniform enactment of this bill, we 2 ought to stay away from those things and confine it 3 to the faithless elector. 4 5 CHAIRPERSON BENTON: Commissioner Burnett, any further comment or question? 6 COMMISSIONER K. KING BURNETT (Maryland): 7 There are two aspects as relates to reading this. 8 One is the scope. 9 reference to this particular possibility, the death. 10 The second is how you could fix it and would fix it. 11 I have a suggestion for that, which would relate to 12 a specific section. 13 And I want to address that with My thought was is the best time to raise 14 this is when we come to Sections 5 and 6. 15 why I rose at this time. 16 and the scope together is a better way of 17 proceeding. 18 the limited time, as to the best way to do this 19 effectively in the time that you have. 20 21 That's I think discussing the fix I just wanted to inquire, because of CHAIRPERSON BENTON: Thank you, Commissioner. 22 COMMISSIONER SUSAN KELLY NICHOLS (North 23 Carolina): I don't think there is much chance we 24 are going to get through Section 6 in the next 30 25 minutes. If you would like to either give us your ADAMS CONVENTION REPORTING (417) 742-3817 21 1 fix or you would like to provide it in writing or 2 after our meeting, any of those, we would love to 3 hear your solution, particularly if you would feel 4 more comfortable dealing with it after we've 5 discussed it. 6 COMMISSIONER BURNETT: Well, I think 7 raising it on the floor is very important because 8 this is a very important subject. 9 with something a lot more important potentially than We're dealing 10 any of these other acts that we discussed. 11 dealing with something that relates to the country, 12 the presidency. 13 true that the odds are long that we won't have any 14 problem. 15 We're This is a really big subject. It's I take Commissioner Bush's comments very 16 seriously. 17 very big subject. 18 you during this next year to really consider whether 19 you should enlarge the scope slightly to cover this 20 point that you have mentioned in your comments. 21 The question of enactability is always a I think that we owe it here for It seemed to me, and I'll go right 22 quickly to the fix because that may -- to me, when I 23 read through Sections 5 and 6 particularly, you have 24 the electoral college that takes its vote, it has to 25 meet at a certain time. That is fixed, we can't ADAMS CONVENTION REPORTING (417) 742-3817 22 1 fool with that. 2 say exactly when the vote is effective of the 3 electoral college. 4 is that it's effective when the votes are cast and 5 counted and the chairman bangs his gavel and says 6 the vote is such-and-such, like when we have a vote 7 here, people raise their hands, stand up, or 8 whatever, and we articulate their vote. 9 But then if you look -- it doesn't The assumption when you read it The fix I sort of have in mind is that 10 the vote would be effective, this would be in I 11 think Section 5, I think probably a new subsection, 12 only maybe the day before the inauguration or at 13 some point there so that you would have the vote 14 taken as constitutionally provided, but it would, in 15 essence, postpone the effective date. 16 normally. 17 law. 18 We do that We indulge in a lot of fictions in the This would be one. Section 6 would be amended technically 19 to adjust to -- or 7, I guess it is, excuse me. 20 It's 6 and 7 that I'm referring to. 21 solution, of course, is to follow the Constitution's 22 provision about the Vice President taking the seat 23 of the President, to take that as the solution. 24 Now, this would be some technical drafting to do 25 this. The easiest But it would seem to me not really that ADAMS CONVENTION REPORTING (417) 742-3817 23 1 difficult to do it in that matter by indulging in 2 this fiction. 3 Normally I would indulge in some 4 questions and answers with you because I am not at 5 all as knowledgeable about this. 6 out on a clean slate. 7 assumptions. 8 9 I just throw this I may be wrong on some I think that this is an important subject, such an important subject that it should be 10 addressed in this. 11 carrying so much weight as to endanger the package, 12 as Commissioner Bush says, but I take his comments 13 very seriously, and that is an issue. 14 I don't think it would end up Thank you. COMMISSIONER SUSAN KELLY NICHOLS (North 15 Carolina): 16 is going to try to resist the urge to respond, but 17 take that under advisement in the interest of 18 hearing from the other commissioners who are 19 standing and wishing to make a point. 20 21 Thank you, Commissioner. CHAIRPERSON BENTON: The committee Thank you. Commissioner Cassidy at Microphone 5. 22 COMMISSIONER RICHARD T. CASSIDY 23 (Vermont): Thank you, Mr. Chairman. 24 suggestion about the scope issue that you're facing, 25 which obviously is an important issue and has to be ADAMS CONVENTION REPORTING I have a (417) 742-3817 24 1 balanced. There is a balance between what is 2 practical and democratic values and the discretion 3 that some would say electors were vested with. 4 My suggestion is simply that you look at 5 the concept of impossibility as the only escape 6 valve. 7 sort of similar to Commissioner Bopp's thinking that 8 you might deal with death, you might deal with 9 disability. Just where that works, I don't know. It's You might deal with constitutional 10 eligibility. 11 that come to my mind as potential exceptions to 12 the idea that the elector is inevitably bound to the 13 popular vote outcome. 14 can't safely go. 15 16 I think beyond that, you That's just my thought for your consideration. 17 18 Those I think are the three things Thank you. CHAIRPERSON BENTON: Thank you, Commissioner. 19 The Commissioner at Microphone 6. 20 COMMISSIONER DANIEL A. IVEY-SOTO (New 21 Mexico): It seems to me the purpose of this act is 22 to deal with the rogue person, the rogue elector. 23 What we're having a discussion about is the 24 unanticipatable situations. 25 able to anticipate all of them. We're never going to be ADAMS CONVENTION REPORTING (417) 742-3817 25 1 However, it does seem to me that we 2 could put in as a solution that if by a two-thirds 3 vote of the electors of a state, they can relieve 4 each other of the pledge. 5 unanticipated situation, but it would also hold the 6 rogue to the pledge. 7 8 9 That would deal with any Thank you. CHAIRPERSON BENTON: The commissioner at Microphone 1. COMMISSIONER JOHN L. FELLOWS (Utah): As 10 I think about this, it at least seems to me that the 11 question is in a case of death of both the President 12 and Vice President after an election, the question 13 is who gets to decide who the new President is. 14 That's a policy question. 15 One of the things about this act that 16 seems true is by binding electors to a pledge, you 17 take that vote away from them. 18 court or somebody else who makes that decision. 19 you think about that, it really becomes a policy 20 question, do we want presidential electors selected 21 by a party and elected by the voters to make the 22 decision of who the new President is or do we want 23 Congress or do we want the Supreme Court to do it? 24 You have probably already thought of that. 25 CHAIRPERSON BENTON: ADAMS CONVENTION REPORTING It ends up being the As The commissioner at (417) 742-3817 26 1 Microphone 5. 2 COMMISSIONER DEBORAH E. BEHR (Alaska): 3 I was wondering if the committee has made any 4 discussion about moving this voting process and 5 meeting process into the electronic age? 6 Page 4, Line 12, and it talks about the electors 7 legibly printed name. 8 Alaska because when we fly these folks in to vote, 9 it's usually in January, they come to Juneau, the I look at It's of interest to me in 10 weather is terrible. It's very easy that they could 11 not all get in to Juneau to vote. 12 earthquake, a flood, Hurricane Katrina, something 13 happen. 14 discussed electronic balloting or has any thoughts 15 on it. I could see an I was wondering if the committee has 16 CHAIRPERSON BENTON: 17 COMMISSIONER SUSAN KELLY NICHOLS (North 18 Carolina): 19 it in this draft. 20 consideration. 21 22 25 We did discuss it and decided not to put We'll take your comments under Thank you. CHAIRPERSON BENTON: The commissioner at Microphone 4. 23 24 Chairwoman Nichols. COMMISSIONER LARRY L. RUTH (Nebraska): I'm sorry. COMMISSIONER JAMES BOPP, JR. (Indiana): ADAMS CONVENTION REPORTING (417) 742-3817 27 1 Could I respond to the question? 2 3 CHAIRPERSON BENTON: Just one second, please. 4 The commissioner at Microphone 4. 5 COMMISSIONER RUTH: I can't think of any 6 act that we've had that will attract more attention 7 than this one in our state and in most states. 8 just can't think of one. 9 understandable. I No. 1, it's short so it's No. 2, there is just an incredible 10 amount of interest, of course, in the presidential 11 elections. 12 I would just urge you to keep the scope 13 as narrow as possible. 14 get into allowing the pledgor to change their minds. 15 Maybe death, I suppose. 16 into disability, you're in deep water. 17 I just don't think we can But I think if you even get There are a number of competing 18 proposals out here in the states. Some of them 19 have, I think you used the term "outfits," that 20 wasn't maybe a slip of the tongue, but there are 21 outfits that are financing very legitimate 22 approaches, differing approaches. 23 act done and into the states, we're going to be in 24 great competition for review. 25 I think, the national popular vote in some way, and When we get our Most of them look to, ADAMS CONVENTION REPORTING (417) 742-3817 28 1 then make the pledge to be in accordance with the 2 national popular vote as opposed to the states. 3 That's where we have the benefit of this act in 4 looking at the local vote, each state's vote. 5 think that's really important to keep. 6 I I would urge you in your prefatory note 7 and in your comments to realize you're always 8 building a case for this on a very broad, national 9 and very public scene. 10 This isn't just lawyers who are going to be applying this. 11 Incidentally, I like your comment about 12 the AWOL electors. 13 AWOL Electors Act. Maybe we could call this the 14 CHAIRPERSON BENTON: Commissioner Bopp. 15 COMMISSIONER JAMES BOPP, JR. (Indiana): 16 Thank you. 17 that there are several sets of laws that apply to 18 this subject that we cannot vary by state enactment. 19 First, we have the 12th Amendment that provides for 20 the meeting and vote by ballot of electors. 21 a difficulty on one of these suggestions, which is 22 doing it electronically when you have the 12th 23 Amendment that requires you to meet and vote by 24 ballot. 25 I think it's important to understand We have Secondly, 3 USC, Sections 1 through 18 ADAMS CONVENTION REPORTING (417) 742-3817 29 1 have very detailed requirements concerning how the 2 electoral college shall conduct its business. 3 instance, the suggestion from Microphone 4 about not 4 submitting the votes of the electoral college until 5 the day before inauguration is dealt with in the 6 congressional enactment, which requires that the 7 votes be conveyed to the president of the Senate as 8 soon after the meeting of the electoral college as 9 possible. 10 For One of the difficulties that we have 11 had, and you all need to, as you think of ideas 12 about this over the next year, you really must try 13 to fit them within both the requirements of 14 Amendment 12, but also the requirements of 3 USC 15 Section 1, et seq. 16 CHAIRPERSON BENTON: Chairwoman Nichols. 17 COMMISSIONER SUSAN KELLY NICHOLS (North 18 Carolina): Commissioner Ruth picked up on something 19 that I regret very much. 20 neutral on other activities with respect to the 21 electoral college. 22 have implied that in some way we were disparaging 23 those efforts. 24 very good comments from the National Popular Vote 25 initiative, that we plan to carefully look at the The committee is entirely By a slip of the tongue, I may We are not. In fact, we've gotten ADAMS CONVENTION REPORTING (417) 742-3817 30 1 act to make sure that it's neutral as to things like 2 that. 3 impression. I apologize if I created a different 4 5 CHAIRPERSON BENTON: Commissioner Langrock. 6 COMMISSIONER PETER F. LANGROCK 7 (Vermont): I'm not sure the system is broken. We 8 have over 200 years of experience and we haven't had 9 a problem. That doesn't mean we can't have a 10 problem in the future. 11 there is a concept of representative government in 12 the electoral college. 13 legislation, I'm not sure I can agree with that. 14 But if I'm not mistaken, To just bypass that by state At one time the U.S. Senators were 15 elected by a representative body, representative 16 democracy, and now we have a direct vote. 17 I'm not familiar with the history of 18 where you're coming from. But I'm not at this point 19 ready to abandon the concept that an elected 20 official is nothing but a robot. 21 point, I would tend to argue for the very broad 22 scope of this act. 23 away from the elector, rogue or otherwise, bad faith 24 or good faith, corrupt or otherwise, taking those 25 powers away, you had better have some reasons and At least at this If you're going to take powers ADAMS CONVENTION REPORTING (417) 742-3817 31 1 some arguments that change the historical value. 2 3 CHAIRPERSON BENTON: The Commissioner at Microphone 4. 4 COMMISSIONER DAVID J. CLARK 5 (California): 6 find excellent and fascinating. 7 on Page 2 at the end of the second paragraph that 8 the Constitution does not allow state electors to 9 cast both of their votes for inhabitants of their 10 I read the reporter's memo, which I There is a comment own state. 11 I don't know if that still applies, but 12 if it does it seems that probably needs to be 13 addressed in the act. 14 Who knows, there may be a Feinstein-Boxer ticket 15 coming up. I didn't see it in there. 16 CHAIRPERSON BENTON: Reporter Bennett. 17 MR. ROBERT BENNETT (Reporter): It's 18 still in the Constitution. 19 election caused a little bit of commotion because of 20 Cheney and Bush both being Texans. 21 Indeed, the 2000 I'm not sure I understand how and why 22 this statute has to deal with that further than the 23 Constitution does. 24 hearing more about that. 25 I would be very interested in CHAIRPERSON BENTON: ADAMS CONVENTION REPORTING Commissioner (417) 742-3817 32 1 Davies. 2 COMMISSIONER JACK DAVIES (Minnesota): 3 In response to Peter Langrock, is the system broken. 4 My interest in this going way back is prompted by 5 Murphy's law, whatever can happen will happen. 6 fact that we haven't had it yet is not a reason not 7 to worry about it. 8 remote, but it's so stupendous, if we do have an 9 election turned over by a renegade elector, we 10 The problem is so -- it may be should do something to guard against it. 11 12 The CHAIRPERSON BENTON: Commissioner Tenenbaum. 13 COMMISSIONER J. SAMUEL TENENBAUM 14 (Illinois): 15 fact, 30 states that have attempted to deal with 16 this issue. 17 nobody is worried about it. 18 that have attempted to deal with this very specific 19 issue of the elector who doesn't follow his pledge. 20 The reason for that is that the people who vote 21 think that the electors are going to follow their 22 pledge. 23 In further response, there are, in It's not like nobody has thought of it, There are 30 states Let me also say that Commissioner Bopp 24 has done a lot of interesting historical work. 25 There have been delegate hunting expeditions to try ADAMS CONVENTION REPORTING (417) 742-3817 33 1 to find people who are willing to be rogue electors 2 and change who they were elected for. 3 fact, happened in the past. 4 That has, in Issues like death, corruption and all 5 those we've talked about in the committee, there 6 are, in fact, alternative remedies for each of them. 7 We talked about the fact, okay, let's say -- and I 8 read a recent article, fairly close, there was a 9 serious problem with Barack Obama's airplane. If 10 something would have happened, how do you resolve 11 it? 12 Hillary Clinton instead of Joe Biden, when Joe Biden 13 was the one who was elected as the Vice President, 14 or should the electors, if they actually followed 15 through on their pledge, Joe Biden would have become 16 the President? 17 Do you have the parties decide, well, we want There are remedies for each of those 18 other things. But the rogue elector who doesn't 19 follow who he was elected for, it's different. 20 Originally electors were just elected as electors. 21 They actually got together and tried to decide who 22 should be the next President, but it doesn't work 23 that way any more. 24 on the ballots any more. 25 wanted to deal with this very narrow problem. You don't even see the electors That being the case, we ADAMS CONVENTION REPORTING (417) 742-3817 34 1 That's why we've decided on the scope -- and it is a 2 problem because you have 30 different approaches to 3 it throughout the states. 4 5 CHAIRPERSON BENTON: The commissioner at Microphone 4. 6 COMMISSIONER DAVID J. CLARK 7 (California): My comment with respect to the 8 possible constitutional limitations, obviously it's 9 premature, but what I was referring to was Section 10 6, elector voting specifically says you hand out 11 lists of potential candidates to each of the 12 electors. 13 hand a list of two candidates who constitutionally 14 can't qualify that there's -- you just need to 15 address it. 16 17 18 It seems to me that if you're going to CHAIRPERSON BENTON: The commissioner at Microphone 5. COMMISSIONER FRANK W. DAYKIN (Nevada): 19 As one of the members of the Study Committee for 20 this act, I would like to suggest to you that one of 21 the elements of the debate was, compared popular 22 election of the President to entrusting the choice 23 of colors to a blind man. 24 25 CHAIRPERSON BENTON: Commissioner. Thank you, Commissioner Ruth. ADAMS CONVENTION REPORTING (417) 742-3817 35 1 COMMISSIONER LARRY L. RUTH (Nebraska): 2 Just a broad statement again. I notice in the memo 3 on the discussion of Ray versus Blair that it's 4 pointed out that the case appears to be based on 5 protecting the party system. 6 primacy of national party laws in some of the areas 7 here. 8 work in some comments or even into the draft 9 something about preserving the party's roles in I recognize the I would urge your consideration to try to 10 this. I don't particularly want to be preserving 11 the party's roles necessarily, but I'm looking at it 12 from the constitutional standpoint. 13 You said in your memorandum also that 14 it's a state extracted pledge or a state 15 administered pledge. 16 system works is it's the political parties generally 17 that submit the lists. 18 fact that you're protecting the parties, I think you 19 might be able to get a little more constitutional 20 protection here. 21 I think that the way that the If you could dwell on the I think what you're looking for is a 22 very old case that doesn't come down squarely with 23 what you're trying to do. 24 the party protection, you may be actually supporting 25 the act. To the extent you can use ADAMS CONVENTION REPORTING (417) 742-3817 36 1 CHAIRPERSON BENTON: Commissioner 2 Langrock, before recognizing you, the chair would, 3 as a matter of privilege, in light of the comments 4 that have been made thus far, invite the Committee 5 of the Whole to let Commissioner Shetterly read 6 Section 6, and then we'll come back to you, 7 Commissioner Langrock. 8 9 10 In light of the comments that have been posed thus far, the chair goes to Commissioner Shetterly for a reading of Section 6. 11 COMMISSIONER LANE SHETTERLY (Oregon): 12 "SECTION 6. ELECTOR VOTING. At the time designated 13 for elector voting and after any vacancies have been 14 filled under Section 5, the [Secretary of State] 15 shall provide each elector with a presidential 16 ballot and a vice presidential ballot. 17 shall designate votes for those offices 18 respectively, along with the elector's signature and 19 the elector's legibly printed name. 20 shall present both completed ballots to the 21 [Secretary of State] who shall examine them and 22 record as cast all ballots for the winning 23 presidential and winning vice-presidential 24 candidates respectively. 25 presidential nor vice-presidential ballot is to be The elector Each elector Neither an elector's ADAMS CONVENTION REPORTING (417) 742-3817 37 1 cast, and neither shall be counted, if the elector 2 fails to vote for the winning presidential or 3 winning vice-presidential candidate in violation of 4 the elector's pledge required under Section 3 or 5. 5 An elector who presents a blank ballot or ballot in 6 violation of the pledge required under Section 3 or 7 5 is deemed to have resigned from the office of 8 elector, creating a vacancy to be filled as provided 9 in Section 5. The [Secretary of State] shall then 10 distribute to and collect ballots from properly 11 substituted electors and record as cast votes for 12 the winning presidential and winning 13 vice-presidential candidates until a full slate of 14 elector votes has been recorded as cast." 15 16 CHAIRPERSON BENTON: Commissioner Langrock at Microphone 5. 17 COMMISSIONER PETER F. LANGROCK 18 (Vermont): 19 worrying about the rogue elector. 20 defined. 21 Commissioner Davies talked about "Rogue" is not When Jim Jeffers, U.S. Senate, moved 22 from the Republican Party to an Independent in line 23 with Democrats changing the balance of power, there 24 were people who called him a rogue and other people 25 called him a fundamentally a hero. ADAMS CONVENTION REPORTING (417) 742-3817 38 1 The "rogue" is in the eyes of the 2 beholder. 3 were decided by the United States Supreme Court 4 rather than by the voters, and we have survived 5 those situations. 6 We have had elections, several arguments It seems to me that just carrying 7 through here, that it is not a given situation that 8 preventing people under appropriate circumstances 9 from using discretion is a bad thing. It wasn't 10 when the Constitution was set up. 11 line it goes, that's another question. 12 this point, I want that side fully represented, 13 saying let's keep this as a semi legislative body 14 with one thing in mind, to elect the President, 15 given the political realization of how they got 16 there. 17 18 19 CHAIRPERSON BENTON: How far down the At least at Commissioner Wilkins. COMMISSIONER MICHAEL J. WILKINS (Utah): 20 May I respond briefly? Commissioner Langrock, there 21 are three or four things here that are a problem. 22 One is that our charge was extremely narrow. 23 although we may fully agree with your comments, it 24 was not within our charge to deal with them. 25 is a problem to be dealt with by this body. ADAMS CONVENTION REPORTING And That I think (417) 742-3817 39 1 we would welcome additional guidance. 2 Secondly, the Constitution of the United 3 States and the federal statutory law bound our 4 deliberations. 5 Thirdly, with response to Senator 6 Jeffers, well, he may well have been a hero, your 7 choice, not mine, I don't live in Vermont. 8 Everybody knew he had been elected to the Senate. 9 Everybody knew who he was. 10 consequence of his change. 11 Everybody knew the The motivation behind our activities 12 here and our effort to routinize the activities of 13 electors is the fundamental truth that the vast 14 majority of American voters have no idea who their 15 electors are, how they're selected, or what they do. 16 And that's the difference. 17 difference between the represented democracy that 18 you describe and the function of the electoral 19 college. 20 That's the major COMMISSIONER LANGROCK: Just briefly to 21 respond. Maybe we should be looking forward to 22 reinstating the quality of the electors. 23 be one way or another. 24 abolishing their discretionary matters is 25 necessarily good. That would I just don't think ADAMS CONVENTION REPORTING (417) 742-3817 40 1 CHAIRPERSON BENTON: Commissioner Ward. 2 COMMISSIONER CAM WARD (Alabama): I 3 think the commissioner at Microphone 5, Commissioner 4 Langrock, you raised some very valid issues. 5 think those are issues, which you just discussed, 6 that is really going to be the scope of our work 7 over the next year. 8 the entire committee, we would appreciate any 9 comments, memorandums or suggestions that you have. I I know, speaking on behalf of 10 I think the questions that have arisen here today 11 from everyone has been how narrow or how broad based 12 our scope is. 13 evenly divided on it. 14 from our political leanings and feelings about it as 15 we go forward with that. 16 It's obvious that the commission is Hopefully, we can stay away I would suggest that any comments -- I 17 think you raised some very good points, and we will 18 definitely use that in the scope of our work over 19 the next year. 20 CHAIRPERSON BENTON: Commissioner Ruth. 21 COMMISSIONER LARRY L. RUTH (Nebraska): 22 Now directing attention directly to Section 6, I 23 think you're looking for some comment. 24 25 You're using the term "cast" a lot. That's a troublesome word to me. ADAMS CONVENTION REPORTING I think it may be (417) 742-3817 41 1 trouble to the committee because there is certainly 2 some ambiguity here. Look at Line 15 -- well, 3 starting at Line 15. You seem to have to cast a 4 ballot in order to find out whether you have been 5 faithful. 6 ballot. 7 sentence works. 8 but you can't cast it unless you're doing it in 9 accordance with the winning presidential candidates. But Line 15 says you can't cast the Help me understand how Line 15, that An elector's ballot is to be cast, 10 How do you figure that out unless you cast the 11 ballot? 12 work this casting. 13 a term of art, I imagine. Just generally talk with me about how you The term, whether it's a -- it's Help me understand that. 14 CHAIRPERSON BENTON: Reporter Bennett. 15 MR. ROBERT BENNETT (Reporter): The 16 comment you make is a very sensible one. 17 we're going to have to go back and look at it. 18 were trying to draw a distinction between casting 19 the ballot, marking it, and the counting of it later 20 on. 21 We I agree that it's a little convoluted. COMMISSIONER RUTH: In Line 18 you have 22 the same problem. 23 -- "in violation of the pledge." 24 that until you have cast it. 25 I think You can't present a blank ballot CHAIRPERSON BENTON: ADAMS CONVENTION REPORTING You don't know The commissioner at (417) 742-3817 42 1 Microphone 5. 2 COMMISSIONER LARRY T. GARVIN (Ohio): I 3 agree entirely that an elector who votes on the 4 basis of caprice or fraud or bribery or the like 5 would qualify as a faithless elector and should be 6 dealt with accordingly. 7 more is a circumstance in which a state goes for 8 Candidate A by a plurality, though not a majority of 9 the vote, but if there were instant run off voting What troubles me a little 10 so one could express second choice preferences, 11 Candidate B would have taken a majority of the vote. 12 My concern is not whether it's better to 13 go for Candidate A or for Candidate B. 14 little harder to say that an elector who votes for 15 either A or B is acting faithlessly if the goal is 16 to give effect to the intent of the voters of the 17 state. 18 So, I hesitate a little before dealing with that. 19 20 21 I find it a Either one seems to me perfectly defensible. CHAIRPERSON BENTON: Thank you, Commissioner Garvin. Reporter Bennett, and before Reporter 22 Bennett responds, the chair will recognize those 23 commissioners who are standing and then after that 24 we'll recess for the day. 25 Reporter Bennett. MR. ROBERT BENNETT (Reporter): ADAMS CONVENTION REPORTING State (417) 742-3817 43 1 law already deals with that question. 2 it into a selection of electors pledged in one 3 fashion or another to a candidate. 4 change that if it wants. 5 it make sense for an elector elected under state law 6 that says one thing to then decide another. 7 CHAIRPERSON BENTON: 8 It translates State law can The real question is, does Commissioner Pepe from the great state of Pennsylvania. 9 COMMISSIONER RAYMOND P. PEPE 10 (Pennsylvania): 11 of the assignment to this committee. 12 committee assigned the task of determining a law to 13 direct how electors should vote or is the 14 committee's assignment more narrow, just limited to 15 preventing faithless voting by electors? 16 I have a question about the scope COMMISSIONER SUSAN KELLY NICHOLS (North 17 Carolina): 18 to focus on the faithless elector. 19 Is the Our scope from, as I understand it, is COMMISSIONER PEPE: If that's the case, 20 then am I right that in terms of whether this 21 project should go forward we're faced with the 22 fundamental policy decision, and the policy decision 23 is whether the risks associated with faithless 24 voting exceed the risks associated with allowing 25 electors to exercise discretion. ADAMS CONVENTION REPORTING Perhaps that (417) 742-3817 44 1 represents a decision that should be put to this 2 body before the committee proceeds to draft a full 3 act based on the assumption that the risks 4 associated with faithless voting exceed the risks 5 associated with the exercise of discretion. 6 I don't know if this is the right time 7 to do that. Maybe we let the committee work on it 8 for another year. 9 and the only thing they can do is basically decide If the committee's hands are tied 10 whether or not -- I mean, right to regulate 11 faithless electors, then perhaps the body as a whole 12 ought to consider -- and we probably can't do it in 13 this session, we probably need to do it in the 14 committee. 15 place to do it is. 16 has to be made by the body, maybe we ought to make 17 it. I don't know procedurally what the right But if that fundamental decision 18 CHAIRPERSON BENTON: 19 COMMISSIONER JACK DAVIES (Minnesota): 20 The only thing the committee wants to do by every 21 indication is to deal with the faithless elector. 22 That's all we think we as the Conference the 23 competence to do. 24 25 COMMISSIONER PEPE: Commissioner Davies But then that poses the fundamental question, should we do that? ADAMS CONVENTION REPORTING (417) 742-3817 45 1 Because the questions that are arising on the floor 2 suggest that there may be benefits to allowing 3 electors to exercise discretion. 4 this drafting process is based on the assumption 5 that the risks of faithless acts by electors exceed 6 the benefits of allowing electors to exercise 7 discretion. 8 9 CHAIRPERSON BENTON: The whole point of Commissioner Lebrun. 10 COMMISSIONER GENE N. LEBRUN (South 11 Dakota): As you know, the scope is drafted by Exec 12 Committee as a result of a recommendation by the 13 Scope and Program Committee. 14 if the body feels that that scope is not correct, 15 that they go first to the Scope and Program 16 Committee or the Exec Committee rather than try to 17 make that decision here on the floor. I would suggest that 18 CHAIRPERSON BENTON: Commissioner Bush. 19 COMMISSIONER JAMES M. BUSH (Arizona): I 20 think every member of this committee has received a 21 letter from an organization that is advocating 22 changing the Constitution to allow popular vote 23 rather than the electoral college. 24 think has received -- maybe some of you have 25 received it, telling you not to support this act. ADAMS CONVENTION REPORTING Everybody I (417) 742-3817 46 1 That was my instruction, don't support this act. 2 will meet you at the legislature to defeat it. 3 We Now, if we're going to make a 4 determination in this body that we favor discretion 5 among electors, that's just not consistent with the 6 popular vote concept. 7 things at movement here. 8 popular election are not going to favor giving 9 discretion to electors that would go against the 10 We're looking at two major The people who want the popular vote. 11 I don't know just what this committee 12 should do. 13 given a very narrow charge, one that we felt was 14 needed, as Jack Davies said, the possibility of 15 something happening that has never happened is 16 small, but as long as it exists, and we've had the 17 electoral college all this time, we ought to try to 18 narrowly fix it. 19 Conference then we ought to get this committee some 20 new instructions. 21 22 23 As my friend on my left said, we were If that's not the will of the CHAIRPERSON BENTON: The commissioner at Microphone 1. COMMISSIONER JOHN L. FELLOWS (Utah): 24 First of all, I think the committee has met its 25 obligations from the Scope Committee. ADAMS CONVENTION REPORTING I think you (417) 742-3817 47 1 have done what you were asked to do. 2 The effect of Section 6, though, as I 3 look at it, is to ensure that in any situation, no 4 matter what happens, death, disability, felony 5 conviction, no matter what happens, those electors 6 are going to be obligated to vote for the candidate 7 that received the highest popular vote in their 8 state. 9 putting it another way, is the fundamental question. I think that, as Commissioner Pepe said, 10 I'm not sure sending it back to the 11 Scope Committee is going to resolve that. 12 Committee will come down one way or the other and 13 then you guys will draft something based upon that 14 and then the Conference will agree with the Scope 15 Committee or not. 16 The Scope I don't envy you in your task ahead 17 unless you have some direction from the Conference 18 in terms of the exact issue that Commissioner Pepe 19 has raised. 20 21 CHAIRPERSON BENTON: Thank you, Commissioner Fellows. 22 Reporter Bennett or Chairwoman Nichols. 23 MR. ROBERT BENNETT (Reporter): Well, I 24 would only say that there is discretion and there is 25 discretion. We have identified some discrete areas ADAMS CONVENTION REPORTING (417) 742-3817 48 1 where there is a good argument, I would say, to be 2 made for discretion, good arguments to be made 3 against it. 4 Like death, the clear one. 5 different from the large question of whether 6 electors should have discretion to do as they want. 7 As to that, the committee has proceeded on a clear 8 assumption that the answer is no. 9 surprised if some vote were to undo that. 10 11 Nonetheless, that's a serious issue. That seems to me quite CHAIRPERSON BENTON: Microphone 6. 12 I would be The Commissioner at Thank you for your patience. COMMISSIONER DANIEL A. IVEY-SOTO (New 13 Mexico): 14 comment on Section 6 and then a more generalized 15 one. 16 Thank you to the body. I have a specific The specific comment deals with Lines 13 17 through 15 and the subsequent sentence after that. 18 We are changing, in doing this, the Secretary of 19 State's role from a ministerial role to a 20 substantive role. 21 generalized comment. 22 what has brought this to us, and I think the 23 committee has done an outstanding job of wrestling 24 with very difficult issues in doing this, what we've 25 done as a basic civics lesson is we're saying that That leads me to my more While I'm very sympathetic to ADAMS CONVENTION REPORTING (417) 742-3817 49 1 in the greatest democracy in the world, the vote 2 that really matters is going to be invalidated if 3 you don't vote the right way. 4 vote, under this you present the vote and if it's 5 the right vote, it is cast, and if it's not the 6 right vote, you are deemed to have resigned. 7 just not sure this is the lesson we want to be 8 giving not only to our children but to the rest of 9 the world in terms of democracy. The casting of the I'm In saying that the 10 greatest democracy is going to invalidate someone 11 who exercises dissent, disagreement, or other -- or 12 just simply lunacy -- all of which we value in this 13 country and give great deference to. 14 15 CHAIRPERSON BENTON: Commissioner. 16 Thank you, Chairwoman Nichols. COMMISSIONER SUSAN KELLY NICHOLS (North 17 Carolina): 18 maybe just begun the debate on the issues raised by 19 this act. 20 Thank all of you. We have obviously All the committee members encourage you 21 to submit comments, lobbyists, talk to us, give us 22 your ideas. 23 further. 24 25 We don't have time to discuss it any For that reason, Mr. Chairman, the Committee of the Whole rises and reports that it has ADAMS CONVENTION REPORTING (417) 742-3817 50 1 had under consideration the Faithful Presidential 2 Electors Act, has made progress and asks leave to 3 sit again. 4 CHAIRPERSON BENTON: Madam President, 5 the Committee of the Whole rises and reports that it 6 has had under consideration the Faithful 7 Presidential Electors Act, has made progress and 8 asks leave to sit again. 9 ---o0o--- 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADAMS CONVENTION REPORTING (417) 742-3817 1 I N D E X 2 FAITHFUL PRESIDENTIAL ELECTORS ACT 3 4 5 Sunday, July 12, 2009 Seventh Session. . . . . . . . . . . . . .1 ---o0o--- 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ADAMS CONVENTION REPORTING (417) 742-3817 PROCEEDINGS IN COMMITTEE OF THE WHOLE FAITHFUL PRESIDENT ELECTORS ACT of the UNIFORM LAW COMMISSION July 9 - July 15, 2009 Convention Center Santa Fe, New Mexico Reported by: RICHARD S. ADAMS CHRIS LOTHER ADAMS CONVENTION REPORTING 9695 West Farm Road 76 Willard, Missouri 65781 (417) 742-3817 ADAMS CONVENTION REPORTING (417) 742-3817 1 1 7 1 [11] - 8:4, 8:7, 8:10, 8:11, 12:7, 25:8, 27:8, 28:25, 29:15, 46:22, 51:4 12 [4] - 1:3, 26:6, 29:14, 51:3 12th [2] - 28:19, 28:22 13 [1] - 48:16 15 [6] - 41:2, 41:3, 41:5, 41:6, 48:17, 52:10 18 [2] - 28:25, 41:21 1952 [1] - 10:13 1992 [1] - 4:9 7 [2] - 22:19, 22:20 742-3817 [1] - 52:25 76 [1] - 52:24 9 9 [1] - 52:10 9695 [1] - 52:24 A 2 2 [3] - 8:4, 27:9, 31:7 200 [1] - 30:8 2000 [1] - 31:18 2009 [3] - 1:3, 51:3, 52:10 3 3 [6] - 6:9, 6:13, 28:25, 29:14, 37:4, 37:6 30 [6] - 4:24, 10:19, 20:24, 32:15, 32:17, 34:2 4 4 [7] - 17:7, 26:6, 26:22, 27:4, 29:3, 31:3, 34:5 417 [1] - 52:25 5 5 [19] - 6:13, 6:19, 11:9, 11:11, 13:10, 17:12, 20:14, 21:23, 22:11, 23:21, 26:1, 34:17, 36:14, 37:4, 37:7, 37:9, 37:16, 40:3, 42:1 6 6 [16] - 6:15, 17:12, 20:14, 20:24, 21:23, 22:18, 22:20, 24:19, 34:10, 36:6, 36:10, 36:12, 40:22, 47:2, 48:11, 48:14 65781 [1] - 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47:16 airplane [1] - 33:9 Alabama [7] - 2:11, 2:12, 9:23, 10:6, 10:13, 11:15, 40:2 Alaska [2] - 26:2, 26:8 allow [3] - 19:10, 31:8, 45:22 allowing [4] - 27:14, 43:24, 45:2, 45:6 alter [1] - 7:22 alternate [1] - 6:12 alternative [1] - 33:6 ambiguity [1] - 41:2 amended [1] - 22:18 Amendment [3] 28:19, 28:23, 29:14 American [1] - 39:14 amount [2] - 17:9, 27:10 ANN [1] - 2:1 answer [3] - 9:4, 14:12, 48:8 answered [2] - 8:15, 12:9 answers [1] - 23:4 anticipate [1] - 24:25 apologize [1] - 30:2 applies [1] - 31:11 apply [1] - 28:17 applying [1] - 28:10 appreciate [2] - 6:3, 40:8 approach [1] - 10:2 approaches [3] 27:22, 34:2 appropriate [1] - 38:8 area [1] - 3:5 areas [2] - 35:6, 47:25 argue [1] - 30:21 argument [2] - 8:22, 48:1 arguments [4] - 10:14, 31:1, 38:2, 48:2 arisen [1] - 40:10 arises [2] - 4:4, 4:5 arising [1] - 45:1 Arizona [4] - 1:18, 1:19, 19:13, 45:19 art [1] - 41:13 ADAMS CONVENTION REPORTING article [2] - 8:14, 33:8 articulate [1] - 22:8 ascertainable [2] 18:21, 19:8 aspects [1] - 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45:2, 45:6 BENNETT [6] - 2:13, 13:23, 31:17, 41:15, 42:25, 47:23 Bennett [12] - 2:14, 3:1, 6:6, 6:22, 10:11, 13:6, 31:16, 41:14, 42:21, 42:22, 42:24, 47:22 Bennett's [2] - 8:14, 9:13 Benton [2] - 1:4, 1:6 BENTON [53] - 1:5, 2:17, 8:2, 8:9, 10:5, 11:5, 11:10, 12:6, 12:20, 13:9, 15:11, 15:25, 17:6, 17:16, 18:2, 18:6, 19:12, 20:4, 20:20, 23:20, 24:17, 25:7, 25:25, 26:16, 26:21, 27:2, 28:14, 29:16, 30:4, 31:2, 31:16, 31:25, 32:11, 34:4, 34:16, 34:24, 36:1, 37:15, 38:17, 40:1, 40:20, 41:14, 41:25, 42:19, 43:7, 44:18, 45:8, 45:18, 46:21, 47:20, 48:10, 49:14, 50:4 best [4] - 7:12, 13:18, 20:13, 20:18 better [4] - 17:1, 20:16, 30:25, 42:12 between [7] - 4:16, 12:11, 16:6, 18:11, 24:1, 39:17, 41:18 beyond [1] - 24:13 Biden [3] - 33:12, 33:15 big [2] - 21:12, 21:17 bill [1] - 20:1 binding [1] - 25:16 bit [3] - 13:7, 14:1, 31:19 Blair [4] - 9:25, 10:13, 11:8, 35:3 blank [2] - 37:5, 41:22 blind [1] - 34:23 Bob [3] - 2:13, 3:1, 6:6 bodies [1] - 19:18 body [10] - 10:22, 30:15, 38:13, 38:25, 44:2, 44:11, 44:16, (417) 742-3817 2 45:14, 46:4, 48:13 BOPP [6] - 2:3, 15:23, 17:25, 18:9, 26:25, 28:15 Bopp [4] - 2:4, 18:8, 28:14, 32:23 Bopp's [1] - 24:7 bound [2] - 24:12, 39:3 Boxer [1] - 31:14 breadth [2] - 3:5, 3:6 bribery [1] - 42:4 brief [2] - 6:8, 17:19 briefly [3] - 15:10, 38:20, 39:20 brings [1] - 4:20 broad [6] - 5:1, 8:19, 28:8, 30:21, 35:2, 40:11 broken [2] - 30:7, 32:3 brought [1] - 48:22 building [1] - 28:8 Burnett [2] - 17:7, 20:5 BURNETT [5] - 17:8, 17:23, 18:4, 20:6, 21:6 BUSH [3] - 1:18, 19:13, 45:19 Bush [5] - 1:19, 19:12, 23:12, 31:20, 45:18 Bush's [1] - 21:15 business [1] - 29:2 bypass [1] - 30:12 C California [2] - 31:5, 34:7 Cam [2] - 6:6, 7:5 CAM [4] - 2:11, 10:6, 11:15, 40:2 campaign [1] - 16:12 Candidate [4] - 42:8, 42:11, 42:13 candidate [15] - 3:14, 6:11, 12:12, 12:13, 13:1, 13:13, 14:20, 18:18, 19:1, 19:9, 37:3, 43:3, 47:6 candidates [7] - 5:11, 9:19, 34:11, 34:13, 36:24, 37:13, 41:9 cannot [1] - 28:18 caprice [1] - 42:4 carefully [1] - 29:25 Carolina [11] - 2:16, 9:12, 12:22, 17:19, 20:23, 23:15, 26:18, 29:18, 43:17, 49:17 carrying [2] - 23:11, 38:6 case [13] - 9:2, 9:22, 9:23, 9:25, 10:13, 10:22, 11:8, 25:11, 28:8, 33:24, 35:4, 35:22, 43:19 Cassidy [1] - 23:21 CASSIDY [1] - 23:22 cast [16] - 3:19, 15:18, 22:4, 31:9, 36:22, 37:1, 37:11, 37:14, 40:24, 41:3, 41:5, 41:7, 41:8, 41:10, 41:24, 49:5 casting [3] - 41:12, 41:18, 49:3 caused [2] - 4:2, 31:19 Center [1] - 52:11 certain [2] - 19:16, 21:25 certainly [2] - 19:7, 41:1 chair [4] - 12:20, 36:2, 36:9, 42:22 chairman [4] - 12:3, 19:14, 22:5, 23:23 Chairman [2] - 13:25, 49:24 Chairwoman [1] 47:22 chairwoman [5] 17:16, 18:6, 26:16, 29:16, 49:15 CHAMPAGNE [1] 1:15 Champagne [1] - 1:16 chance [2] - 6:24, 20:23 change [5] - 27:14, 31:1, 33:2, 39:10, 43:4 changing [3] - 37:23, 45:22, 48:18 chaos [1] - 3:15 charge [3] - 38:22, 38:24, 46:13 charged [1] - 3:7 Cheney [1] - 31:20 children [1] - 49:8 choice [3] - 34:22, 39:7, 42:10 choose [1] - 9:20 chooses [1] - 3:13 chose [1] - 10:1 chosen [3] - 4:25, 5:2, 12:12 CHRIS [1] - 52:19 circumstance [3] 18:20, 19:5, 42:7 circumstances [3] 12:14, 18:20, 38:8 cited [1] - 8:8 citizen [2] - 19:1, 19:2 civics [1] - 48:25 CLARK [2] - 31:4, 34:6 clean [1] - 23:6 clear [3] - 8:19, 48:4, 48:7 clearly [1] - 10:10 Clinton [1] - 33:12 close [2] - 5:11, 33:8 collect [1] - 37:10 college [24] - 3:4, 3:9, 3:20, 4:17, 7:22, 10:11, 16:7, 16:13, 16:16, 16:19, 18:11, 18:12, 18:16, 19:10, 21:24, 22:3, 29:2, 29:4, 29:8, 29:21, 30:12, 39:19, 45:23, 46:17 colors [1] - 34:23 comfortable [1] - 21:4 coming [2] - 30:18, 31:15 commend [1] - 7:1 comment [11] - 14:4, 17:19, 20:5, 28:11, 31:6, 34:7, 40:23, 41:16, 48:14, 48:16, 48:21 commentary [1] - 7:18 comments [17] - 6:3, 7:3, 7:12, 8:10, 21:15, 21:20, 23:12, 26:19, 28:7, 29:24, 35:8, 36:3, 36:8, 38:23, 40:9, 40:16, 49:21 COMMISSION [1] 52:6 commission [1] 40:12 commissioners [2] 23:18, 42:23 Committee [13] - 4:7, 34:19, 36:4, 45:12, 45:13, 45:16, 46:25, 47:11, 47:12, 47:15, 49:25, 50:5 COMMITTEE [1] - 52:1 committee [29] - 1:11, 3:7, 3:10, 4:11, 4:19, 10:1, 12:1, 16:5, 23:15, 26:3, 26:13, 29:19, 33:5, 40:8, 41:1, 43:11, 43:12, 44:2, 44:7, 44:14, 44:20, 45:20, 46:11, ADAMS CONVENTION REPORTING 46:19, 46:24, 48:7, 48:23, 49:20 committee's [2] 43:14, 44:8 commotion [1] - 31:19 compared [1] - 34:21 competence [1] 44:23 competing [1] - 27:17 competition [1] 27:24 completed [1] - 36:20 concept [4] - 24:5, 30:11, 30:19, 46:6 conceptionally [1] 12:9 concern [4] - 14:6, 16:8, 17:1, 42:12 concerned [1] - 15:20 concerning [1] - 29:1 conduct [2] - 13:20, 29:2 conduit [1] - 15:14 Conference [7] - 3:22, 4:10, 13:3, 44:22, 46:19, 47:14, 47:17 confidence [2] - 3:18, 5:19 confine [1] - 20:2 confining [1] - 19:16 Congress [2] - 17:2, 25:23 congressional [1] 29:6 consequence [1] 39:10 consider [4] - 7:5, 7:13, 21:18, 44:12 considerable [1] 9:17 consideration [6] 12:5, 24:16, 26:20, 35:7, 50:1, 50:6 considerations [1] 18:23 considered [1] - 19:5 consistent [1] - 46:5 Constitution [12] 4:14, 8:19, 8:24, 9:1, 9:17, 10:10, 31:8, 31:18, 31:23, 38:10, 39:2, 45:22 Constitution's [1] 22:21 constitutional [5] 9:8, 24:9, 34:8, 35:12, 35:19 constitutionality [1] 11:8 constitutionally [3] - 10:3, 22:14, 34:13 context [2] - 2:24, 17:11 Convention [1] 52:11 CONVENTION [1] 52:24 conveyed [1] - 29:7 conviction [1] - 47:5 convoluted [1] - 41:20 correct [1] - 45:14 corrupt [1] - 30:24 corruption [2] - 13:17, 33:4 counted [2] - 22:5, 37:1 counting [1] - 41:19 country [4] - 3:4, 4:14, 21:11, 49:13 couple [1] - 19:14 course [3] - 18:13, 22:21, 27:10 Court [3] - 9:23, 25:23, 38:3 court [2] - 10:21, 25:18 cover [1] - 21:19 created [1] - 30:2 creating [1] - 37:8 criteria [1] - 18:22 crux [1] - 13:21 D Dakota [5] - 1:25, 8:4, 8:7, 45:11 DANIEL [2] - 24:20, 48:12 date [4] - 16:6, 16:15, 22:15 DAVID [2] - 31:4, 34:6 DAVIES [3] - 1:22, 32:2, 44:19 Davies [6] - 1:23, 4:6, 32:1, 37:18, 44:18, 46:14 DAYKIN [1] - 34:18 dead [1] - 19:9 deal [20] - 3:11, 3:16, 4:4, 4:11, 4:15, 5:24, 13:1, 19:7, 19:21, 24:8, 24:9, 24:22, 25:4, 31:22, 32:15, 32:18, 33:25, 38:24, 44:21 dealing [7] - 14:6, 14:22, 19:15, 21:4, 21:8, 21:11, 42:18 deals [2] - 43:1, 48:16 dealt [7] - 9:1, 9:12, (417) 742-3817 3 14:16, 15:8, 29:5, 38:25, 42:6 dean [1] - 3:2 death [12] - 13:1, 13:8, 13:17, 16:23, 17:10, 20:9, 24:8, 25:11, 27:15, 33:4, 47:4, 48:4 debate [2] - 34:21, 49:18 DEBORAH [1] - 26:2 decide [6] - 7:11, 25:13, 33:11, 33:21, 43:6, 44:9 decided [6] - 9:23, 12:25, 14:1, 26:18, 34:1, 38:3 decision [8] - 6:9, 25:18, 25:22, 43:22, 44:1, 44:15, 45:17 decisions [4] - 5:22, 6:1, 6:4, 7:1 declare [1] - 6:15 deem [1] - 15:3 deemed [2] - 37:7, 49:6 deep [1] - 27:16 defeat [1] - 46:2 defensible [2] - 10:3, 42:17 defer [1] - 14:1 deference [1] - 49:13 define [2] - 8:17, 9:6 defined [1] - 37:20 defining [1] - 8:20 definitely [2] - 12:4, 40:18 definition [1] - 11:20 delegate [1] - 32:25 delegation [1] - 7:6 deliberations [1] 39:4 deliver [1] - 6:5 democracy [7] - 4:2, 5:19, 30:16, 39:17, 49:1, 49:9, 49:10 democratic [1] - 24:2 Democrats [1] - 37:23 describe [1] - 39:18 described [1] - 8:25 designate [1] - 36:17 designated [1] - 36:12 detailed [1] - 29:1 determination [1] 46:4 determine [2] - 3:25, 5:14 determining [1] 43:12 develop [3] - 4:5, 4:21, 13:5 developed [1] - 4:15 developing [1] - 5:18 died [1] - 18:21 dies [1] - 12:14 difference [2] - 39:16, 39:17 different [9] - 3:14, 5:23, 7:4, 14:16, 19:25, 30:2, 33:19, 34:2, 48:5 differing [1] - 27:22 difficult [3] - 19:22, 23:1, 48:24 difficulties [2] - 15:5, 29:10 difficulty [1] - 28:21 direct [3] - 11:7, 30:16, 43:13 directing [1] - 40:22 direction [1] - 47:17 directly [1] - 40:22 disability [3] - 24:9, 27:16, 47:4 disagreement [1] 49:11 disclosures [1] 15:17 discomfort [1] - 8:16 discovered [5] 13:13, 16:5, 16:11, 16:20, 16:25 discrete [1] - 47:25 discretion [18] - 8:20, 8:23, 9:15, 14:7, 14:12, 15:21, 24:2, 38:9, 43:25, 44:5, 45:3, 45:7, 46:4, 46:9, 47:24, 47:25, 48:2, 48:6 discretionary [1] 39:24 discuss [6] - 16:4, 17:10, 17:13, 17:14, 26:18, 49:22 discussed [5] - 12:24, 21:5, 21:10, 26:14, 40:5 discussing [1] - 20:15 discussion [5] - 11:7, 13:7, 24:23, 26:4, 35:3 dishonest [1] - 15:4 dishonesty [4] 13:13, 14:19, 16:5 disparaging [1] 29:22 dissent [1] - 49:11 distinction [1] - 41:18 distribute [1] - 37:10 divided [1] - 40:13 done [6] - 10:11, 27:23, 32:24, 47:1, 48:23, 48:25 doubt [1] - 15:5 down [4] - 16:18, 35:22, 38:10, 47:12 draft [5] - 10:8, 26:19, 35:8, 44:2, 47:13 drafted [2] - 8:24, 45:11 drafting [4] - 12:5, 12:25, 22:24, 45:4 draw [1] - 41:18 during [2] - 12:11, 21:18 duty [2] - 13:14, 13:18 dwell [1] - 35:17 E early [1] - 11:2 earthquake [1] - 26:12 easiest [1] - 22:20 easily [1] - 5:9 easy [1] - 26:10 effect [2] - 42:16, 47:2 effective [4] - 22:2, 22:4, 22:10, 22:15 effectively [1] - 20:19 effort [2] - 19:16, 39:12 efforts [1] - 29:23 either [5] - 13:16, 19:1, 20:25, 42:15, 42:17 elect [3] - 9:16, 13:18, 38:14 Elect [3] - 17:11, 18:10, 18:13 elected [12] - 12:12, 13:15, 19:11, 25:21, 30:15, 30:19, 33:2, 33:13, 33:19, 33:20, 39:8, 43:5 election [14] - 3:15, 3:25, 4:16, 5:11, 5:14, 16:6, 16:15, 18:12, 18:25, 25:12, 31:19, 32:9, 34:22, 46:8 Election [1] - 12:11 elections [3] - 6:14, 27:11, 38:2 ELECTOR [1] - 36:12 elector [41] - 3:12, 3:24, 5:4, 5:13, 5:17, 5:25, 6:10, 6:16, 8:17, 8:23, 9:7, 9:15, 13:14, 14:12, 15:13, ADAMS CONVENTION REPORTING 15:18, 19:8, 20:3, 24:12, 24:22, 30:23, 32:9, 32:19, 33:18, 34:10, 36:13, 36:15, 36:16, 36:19, 37:1, 37:5, 37:8, 37:14, 37:19, 42:3, 42:5, 42:14, 43:5, 43:18, 44:21 Elector [1] - 7:7 elector's [5] - 36:18, 36:19, 36:24, 37:4, 41:7 electoral [23] - 3:4, 3:9, 3:19, 4:17, 7:21, 10:11, 10:20, 15:20, 16:7, 16:13, 16:15, 16:19, 18:16, 21:24, 22:3, 29:2, 29:4, 29:8, 29:21, 30:12, 39:18, 45:23, 46:17 electors [46] - 4:22, 6:12, 7:24, 8:21, 9:19, 12:17, 13:5, 14:8, 14:10, 14:11, 14:20, 14:21, 15:1, 16:10, 19:17, 24:3, 25:3, 25:16, 25:20, 26:6, 28:12, 28:20, 31:8, 32:21, 33:1, 33:14, 33:20, 33:23, 34:12, 37:11, 39:13, 39:15, 39:22, 43:2, 43:13, 43:15, 43:25, 44:11, 45:3, 45:5, 45:6, 46:5, 46:9, 47:5, 48:6 ELECTORS [3] - 1:2, 51:2, 52:4 Electors [5] - 1:7, 8:8, 28:13, 50:2, 50:7 electronic [2] - 26:5, 26:14 electronically [1] 28:22 elements [1] - 34:21 eligibility [1] - 24:10 emerges [1] - 14:19 employed [1] - 18:22 empower [1] - 16:9 enactability [1] 21:16 enactment [3] - 20:1, 28:18, 29:6 encourage [1] - 49:20 end [4] - 16:13, 23:10, 31:7 endanger [1] - 23:11 ends [1] - 25:17 enlarge [1] - 21:19 ensure [1] - 47:3 entire [2] - 10:7, 40:8 entirely [2] - 29:19, 42:3 entrusting [1] - 34:22 envy [1] - 47:16 escape [1] - 24:5 essence [2] - 13:21, 22:15 et [1] - 29:15 evenly [1] - 40:13 evidence [1] - 16:11 evolve [1] - 10:12 evolved [1] - 9:16 exact [1] - 47:18 exactly [2] - 10:8, 22:2 examine [1] - 36:21 example [3] - 5:3, 13:4, 15:16 exceed [3] - 43:24, 44:4, 45:5 excellent [1] - 31:6 exceptions [1] - 24:11 excuse [1] - 22:19 Exec [2] - 45:11, 45:16 execute [1] - 6:10 exercise [4] - 43:25, 44:5, 45:3, 45:6 exercises [1] - 49:11 exists [1] - 46:16 expand [1] - 13:12 expeditions [1] 32:25 experience [2] 19:24, 30:8 experts [1] - 3:4 explained [1] - 5:23 explanation [1] - 6:25 explicitly [2] - 16:9, 16:19 express [2] - 14:6, 42:10 extent [1] - 35:23 extracted [1] - 35:14 extremely [3] - 2:25, 5:11, 38:22 eyes [1] - 38:1 F faced [1] - 43:21 facing [1] - 23:24 fact [9] - 11:25, 16:14, 29:23, 32:6, 32:15, 33:3, 33:6, 33:7, 35:18 fails [1] - 37:2 fairly [1] - 33:8 faith [2] - 30:23, 30:24 faithful [6] - 7:8, (417) 742-3817 4 10:20, 11:13, 13:22, 41:5, 51:2 FAITHFUL [2] - 1:2, 52:4 Faithful [4] - 1:7, 8:8, 50:1, 50:6 faithfulness [4] - 7:23, 10:17, 13:18, 19:17 faithless [11] - 5:17, 5:24, 20:3, 42:5, 43:15, 43:18, 43:23, 44:4, 44:11, 44:21, 45:5 faithlessly [1] - 42:15 faithlessness [1] - 5:6 familiar [2] - 9:3, 30:17 far [5] - 10:21, 15:19, 36:4, 36:9, 38:10 Farm [1] - 52:24 fascinating [1] - 31:6 fashion [1] - 43:3 favor [2] - 46:4, 46:8 Fe [1] - 52:11 federal [1] - 39:3 feedback [1] - 6:2 feelings [1] - 40:14 Feinstein [1] - 31:14 Feinstein-Boxer [1] 31:14 Fellows [1] - 47:21 FELLOWS [3] - 12:8, 25:9, 46:23 felony [1] - 47:4 felt [2] - 13:14, 46:13 few [2] - 2:24, 4:10 fewer [1] - 16:16 fiction [2] - 15:15, 23:2 fictions [1] - 22:16 figure [1] - 41:10 filled [4] - 6:17, 6:18, 36:14, 37:8 filling [1] - 6:14 finally [2] - 4:9, 7:2 financing [1] - 27:21 first [5] - 2:25, 13:15, 28:19, 45:15, 46:24 fit [1] - 29:13 five [1] - 7:15 fix [9] - 17:24, 18:5, 20:10, 20:15, 21:1, 21:22, 22:9, 46:18 fixed [1] - 21:25 flexibility [1] - 12:16 flood [1] - 26:12 floor [3] - 21:7, 45:1, 45:17 fly [1] - 26:8 focus [2] - 6:21, 43:18 folks [1] - 26:8 follow [7] - 4:11, 15:2, 15:10, 22:21, 32:19, 32:21, 33:19 followed [1] - 33:14 fool [1] - 22:1 former [1] - 3:2 forming [1] - 3:10 fortunate [1] - 3:1 forward [3] - 39:21, 40:15, 43:21 four [1] - 38:21 FRANK [1] - 34:18 fraud [1] - 42:4 friend [1] - 46:12 fulfill [1] - 18:17 fulfilled [1] - 18:15 full [2] - 37:13, 44:2 fully [3] - 14:14, 38:12, 38:23 function [1] - 39:18 functions [1] - 7:22 fundamental [6] 10:25, 39:13, 43:22, 44:15, 44:25, 47:9 fundamentally [1] 37:25 future [1] - 30:10 G GARVIN [1] - 42:2 Garvin [1] - 42:20 gavel [1] - 22:5 GENE [3] - 1:24, 8:6, 45:10 Gene [1] - 8:3 General [1] - 12:11 general [2] - 8:13, 9:10 generalized [2] 48:14, 48:21 generally [2] - 35:16, 41:11 generates [1] - 14:23 given [3] - 38:7, 38:15, 46:13 goal [2] - 3:17, 42:15 government [1] 30:11 governor [1] - 15:16 great [3] - 27:24, 43:8, 49:13 greater [1] - 16:17 greatest [2] - 49:1, 49:10 Greenfield [1] - 4:18 guard [1] - 32:10 guess [2] - 14:5, 22:19 guidance [1] - 39:1 guys [1] - 47:13 H HALE [1] - 2:5 hale [1] - 2:6 hand [3] - 1:13, 34:10, 34:13 hands [2] - 22:7, 44:8 harder [1] - 42:14 harm [1] - 4:2 Hawaii [1] - 7:6 hear [1] - 21:3 hearing [2] - 23:18, 31:24 heart [1] - 10:7 help [3] - 11:7, 41:6, 41:13 hero [2] - 37:25, 39:6 hesitate [1] - 42:18 highest [1] - 47:7 highlights [1] - 4:20 Hillary [1] - 33:12 historical [2] - 31:1, 32:24 history [2] - 6:24, 30:17 hold [1] - 25:5 honor [1] - 6:16 honored [1] - 3:19 honoring [1] - 4:22 hope [1] - 5:15 hopefully [1] - 40:13 hour [1] - 5:21 hunting [1] - 32:25 Hurricane [1] - 26:12 I idea [4] - 4:8, 8:16, 24:12, 39:14 ideas [3] - 7:4, 29:11, 49:22 identified [1] - 47:25 Illinois [5] - 2:8, 2:14, 15:17, 32:14 imagine [1] - 41:13 immediate [1] - 19:19 immediately [2] 14:10, 14:11 impeachment [1] 17:4 implied [2] - 8:23, 29:22 important [9] - 2:22, 21:7, 21:8, 21:9, 23:8, 23:9, 23:25, 28:5, 28:16 impossibility [1] - ADAMS CONVENTION REPORTING 24:5 impression [1] - 30:3 IN [1] - 52:1 inauguration [3] 17:2, 22:12, 29:5 incapacitation [1] 13:1 incapacity [2] - 13:17, 16:23 incidentally [1] 28:11 includes [1] - 8:23 incredible [1] - 27:9 indeed [1] - 31:18 Independent [1] 37:22 Indiana [6] - 2:3, 2:4, 15:23, 17:25, 26:25, 28:15 indicated [1] - 6:20 indication [1] - 44:21 indulge [2] - 22:16, 23:3 indulging [1] - 23:1 inevitably [1] - 24:12 influence [1] - 16:17 information [3] 16:21, 17:1, 17:3 informative [1] - 6:22 inhabitants [1] - 31:9 initial [1] - 1:8 initiative [2] - 7:17, 29:25 input [1] - 13:3 inquire [1] - 20:17 instance [2] - 18:24, 29:3 instant [1] - 42:9 instead [1] - 33:12 instruction [1] - 46:1 instructions [1] 46:20 intense [1] - 16:14 intent [1] - 42:16 interest [4] - 23:17, 26:7, 27:10, 32:4 interested [2] - 9:9, 31:23 interesting [1] - 32:24 introduce [2] - 1:11, 1:13 introduced [1] - 19:20 invalidate [1] - 49:10 invalidated [1] - 49:2 invite [2] - 1:10, 36:4 involved [1] - 5:8 involving [1] - 9:24 issue [12] - 13:20, 16:5, 16:23, 16:25, 18:13, 23:13, 23:24, 23:25, 32:16, 32:19, 47:18, 48:3 issues [6] - 19:4, 33:4, 40:4, 40:5, 48:24, 49:18 itself [2] - 9:1, 9:8 IVEY [2] - 24:20, 48:12 IVEY-SOTO [2] 24:20, 48:12 J JACK [3] - 1:22, 32:2, 44:19 Jack [2] - 4:6, 46:14 jail [1] - 5:3 JAMES [8] - 1:18, 2:3, 15:23, 17:25, 19:13, 26:25, 28:15, 45:19 January [1] - 26:9 Jeff [1] - 4:18 Jeffers [2] - 37:21, 39:6 JESS [1] - 2:5 Jim [2] - 1:19, 37:21 job [3] - 10:12, 13:19, 48:23 Joe [3] - 33:12, 33:15 JOHN [3] - 12:8, 25:9, 46:23 JR [6] - 2:3, 2:5, 15:23, 17:25, 26:25, 28:15 judgment [1] - 15:2 JULY [1] - 1:3 July [3] - 51:3, 52:10 Juneau [2] - 26:9, 26:11 justify [1] - 17:4 K Kansas [1] - 8:12 Katrina [1] - 26:12 keep [4] - 15:20, 27:12, 28:5, 38:13 KELLY [10] - 2:15, 9:11, 12:21, 17:18, 20:22, 23:14, 26:17, 29:17, 43:16, 49:16 kind [3] - 5:17, 9:10, 10:14 kinds [2] - 6:3, 7:12 KING [2] - 17:8, 20:6 KINZER [2] - 8:12, 11:3 knowledge [3] - 3:5, 3:6, 11:16 knowledgeable [1] - (417) 742-3817 5 23:5 known [1] - 4:6 knows [1] - 31:14 L laid [1] - 10:14 LANCE [1] - 8:12 LANE [4] - 2:9, 11:6, 16:2, 36:11 Langrock [10] - 11:11, 13:10, 15:12, 30:5, 32:3, 36:2, 36:7, 37:16, 38:20, 40:4 LANGROCK [8] 11:12, 11:18, 13:11, 15:9, 15:13, 30:6, 37:17, 39:20 large [1] - 48:5 LARRY [4] - 26:23, 35:1, 40:21, 42:2 last [3] - 4:10, 7:14, 18:25 Laughter [1] - 7:10 LAW [1] - 52:6 law [11] - 4:23, 9:2, 9:22, 10:22, 22:17, 32:5, 39:3, 43:1, 43:3, 43:5, 43:12 Law [1] - 3:3 laws [2] - 28:17, 35:6 lawyers [1] - 28:9 leading [1] - 3:3 leads [1] - 48:20 leanings [1] - 40:14 learn [1] - 4:14 least [4] - 8:22, 25:10, 30:20, 38:11 leave [3] - 17:2, 50:2, 50:8 LEBRUN [3] - 1:24, 8:6, 45:10 Lebrun [4] - 1:25, 8:3, 8:5, 45:9 left [1] - 46:12 legibly [2] - 26:7, 36:19 legislation [1] - 30:13 legislative [1] - 38:13 legislature [1] - 46:2 legislatures [3] - 7:16, 14:14, 19:18 legitimate [1] - 27:21 length [1] - 9:12 lengthy [1] - 7:18 less [1] - 5:21 lesson [3] - 6:24, 48:25, 49:7 letter [1] - 45:21 level [1] - 8:15 Levi [2] - 1:4, 1:6 life [1] - 4:20 light [3] - 17:4, 36:3, 36:8 limitations [1] - 34:8 limited [3] - 17:9, 20:18, 43:14 limiting [1] - 12:15 Line [6] - 26:6, 41:2, 41:3, 41:5, 41:6, 41:21 line [2] - 37:22, 38:11 Lines [1] - 48:16 list [2] - 6:12, 34:13 listen [1] - 12:4 lists [2] - 34:11, 35:17 live [1] - 39:7 lobbyists [1] - 49:21 local [1] - 28:4 look [8] - 22:1, 24:4, 26:5, 27:24, 29:25, 41:2, 41:17, 47:3 looked [3] - 5:25, 11:18, 16:24 looking [7] - 10:9, 28:4, 35:11, 35:21, 39:21, 40:23, 46:6 loosen [1] - 13:4 love [1] - 21:2 loyal [1] - 9:24 lunacy [1] - 49:12 M madam [1] - 50:4 major [4] - 6:2, 6:4, 39:16, 46:6 majority [3] - 39:14, 42:8, 42:11 man [1] - 34:23 manner [2] - 8:20, 9:6 marking [1] - 41:19 Maryland [3] - 17:7, 17:8, 20:6 matter [5] - 8:25, 23:1, 36:3, 47:4, 47:5 matters [2] - 39:24, 49:2 mean [2] - 30:9, 44:10 meaning [1] - 13:21 meaningless [1] 15:22 meanings [1] - 11:23 meant [1] - 12:23 meet [3] - 21:25, 28:23, 46:2 meeting [6] - 4:16, 18:15, 21:2, 26:5, 28:20, 29:8 meets [2] - 3:20, 16:13 member [1] - 45:20 member's [1] - 16:19 members [4] - 1:11, 4:19, 34:19, 49:20 memo [5] - 6:22, 9:13, 10:12, 31:5, 35:2 memorandum [2] 11:9, 35:13 memorandums [1] 40:9 mention [1] - 12:23 mentioned [1] - 21:20 mere [1] - 19:19 met [2] - 14:20, 46:24 Mexico [3] - 24:21, 48:13, 52:11 MICHAEL [2] - 1:20, 38:19 might [8] - 7:8, 15:8, 16:14, 17:4, 24:8, 24:9, 35:19 mind [4] - 17:11, 22:9, 24:11, 38:14 minds [1] - 27:14 mine [1] - 39:7 ministerial [1] - 48:19 Minnesota [4] - 1:22, 1:23, 32:2, 44:19 minor [1] - 6:3 minute [1] - 17:14 minutes [1] - 20:25 mission [2] - 3:9, 7:8 Mississippi [2] - 2:2 Missouri [1] - 52:25 mistaken [2] - 12:1, 30:10 MORNING [1] - 1:3 morning [3] - 1:5, 2:20, 5:20 most [3] - 10:3, 27:7, 27:24 motivation [1] - 39:11 move [1] - 17:21 moved [1] - 37:21 movement [1] - 46:7 moving [1] - 26:4 MR [6] - 2:13, 13:23, 31:17, 41:15, 42:25, 47:23 Murphy's [1] - 32:5 must [2] - 15:21, 29:12 N name [3] - 7:4, 26:7, 36:19 named [1] - 12:1 narrow [9] - 3:8, 3:11, 13:2, 27:13, 33:25, ADAMS CONVENTION REPORTING 38:22, 40:11, 43:14, 46:13 narrowly [2] - 5:16, 46:18 National [2] - 7:17, 29:24 national [4] - 27:25, 28:2, 28:8, 35:6 naturalized [1] - 19:2 Nebraska [3] - 26:23, 35:1, 40:21 necessarily [3] - 5:5, 35:11, 39:25 necessary [1] - 3:22 need [9] - 3:23, 5:13, 6:1, 7:19, 12:9, 17:20, 29:11, 34:14, 44:13 needed [2] - 4:23, 46:14 needs [1] - 31:12 neutral [3] - 7:20, 29:20, 30:1 Nevada [1] - 34:18 never [2] - 24:24, 46:15 new [4] - 22:11, 25:13, 25:22, 46:20 New [3] - 24:20, 48:12, 52:11 next [7] - 6:6, 20:24, 21:18, 29:12, 33:22, 40:7, 40:19 Nichols [11] - 1:9, 2:16, 2:18, 12:20, 13:25, 17:16, 18:6, 26:16, 29:16, 47:22, 49:15 NICHOLS [13] - 2:15, 2:20, 7:11, 9:11, 12:21, 17:18, 18:7, 20:22, 23:14, 26:17, 29:17, 43:16, 49:16 nobody [2] - 32:16, 32:17 nominee [1] - 9:25 nonetheless [1] - 48:3 normally [2] - 22:16, 23:3 North [11] - 2:15, 2:16, 9:11, 12:21, 17:18, 20:22, 23:14, 26:17, 29:17, 43:16, 49:16 Northwestern [1] - 3:3 note [1] - 28:6 notebooks [1] - 6:23 nothing [2] - 15:14, 30:20 notice [1] - 35:2 noticed [1] - 11:19 novel [1] - 4:18 number [2] - 19:7, 27:17 O Obama's [1] - 33:9 obligated [2] - 18:17, 47:6 obligations [1] - 46:25 obvious [1] - 40:12 obviously [4] - 3:17, 23:25, 34:8, 49:17 occur [1] - 14:9 odds [1] - 21:13 OF [1] - 52:1 office [1] - 37:7 offices [1] - 36:17 official [1] - 30:20 Ohio [1] - 42:2 old [1] - 35:22 one [37] - 2:22, 3:3, 4:5, 10:1, 10:3, 11:1, 12:24, 12:25, 14:9, 18:20, 19:7, 19:24, 19:25, 20:8, 22:17, 25:15, 27:2, 27:7, 27:8, 28:21, 29:10, 30:14, 33:13, 34:19, 34:20, 38:14, 38:22, 39:23, 41:16, 42:10, 42:17, 43:2, 43:6, 46:13, 47:12, 48:4, 48:15 opening [3] - 1:10, 2:18, 12:23 opportunity [3] - 8:14, 12:17, 16:17 opposed [1] - 28:2 order [1] - 41:4 Oregon [5] - 2:9, 2:10, 11:6, 16:2, 36:11 organization [2] 7:18, 45:21 originally [3] - 11:25, 12:2, 33:20 otherwise [3] - 16:22, 30:23, 30:24 ought [7] - 19:4, 19:11, 20:2, 44:12, 44:16, 46:17, 46:19 outcome [3] - 3:25, 5:14, 24:13 outfits [2] - 27:19, 27:21 outlined [1] - 10:10 outset [1] - 9:9 outstanding [1] 48:23 overarching [1] - (417) 742-3817 6 14:23 overview [1] - 6:8 owe [2] - 4:6, 21:17 own [1] - 31:10 P package [1] - 23:11 Page [3] - 11:9, 26:6, 31:7 paragraph [1] - 31:7 particular [2] - 11:8, 20:9 particularly [3] - 21:3, 21:23, 35:10 parties [4] - 5:12, 33:11, 35:16, 35:18 partisan [2] - 19:18, 19:25 Party [1] - 37:22 party [5] - 9:24, 25:21, 35:5, 35:6, 35:24 party's [4] - 9:25, 12:12, 35:9, 35:11 past [1] - 33:3 patience [1] - 48:11 peel [1] - 5:12 Pennsylvania [2] 43:8, 43:10 people [8] - 10:15, 22:7, 32:20, 33:1, 37:24, 38:8, 46:7 Pepe [3] - 43:7, 47:8, 47:18 PEPE [3] - 43:9, 43:19, 44:24 perception [1] - 9:18 perfectly [1] - 42:17 perhaps [4] - 12:14, 13:6, 43:25, 44:11 period [1] - 13:2 persistence [1] - 4:7 person [7] - 13:15, 13:16, 13:19, 18:16, 18:21, 18:23, 24:22 personally [3] - 16:3, 16:8, 16:18 Peter [2] - 19:3, 32:3 PETER [4] - 11:12, 13:11, 30:6, 37:17 picked [1] - 29:18 place [1] - 44:15 plan [1] - 29:25 play [1] - 16:16 pledge [19] - 6:10, 6:17, 9:24, 10:2, 18:14, 18:17, 19:9, 25:4, 25:6, 25:16, 28:1, 32:19, 32:22, 33:15, 35:14, 35:15, 37:4, 37:6, 41:23 pledged [3] - 10:18, 10:19, 43:2 pledges [1] - 10:20 pledgor [1] - 27:14 plurality [1] - 42:8 point [14] - 11:25, 12:3, 12:23, 13:24, 14:5, 17:10, 18:15, 21:20, 22:13, 23:19, 30:18, 30:21, 38:12, 45:3 pointed [1] - 35:4 points [3] - 2:24, 19:16, 40:17 policy [10] - 5:22, 6:2, 6:4, 6:9, 6:21, 13:6, 25:14, 25:19, 43:22 political [4] - 5:9, 35:16, 38:15, 40:14 polls [2] - 9:18, 14:25 Popular [2] - 7:17, 29:24 popular [10] - 9:18, 24:13, 27:25, 28:2, 34:21, 45:22, 46:6, 46:8, 46:10, 47:7 posed [1] - 36:9 poses [1] - 44:24 position [2] - 6:15, 7:20 possibility [2] - 20:9, 46:14 possible [4] - 18:22, 27:13, 29:9, 34:8 postpone [1] - 22:15 potential [5] - 6:10, 17:24, 18:5, 24:11, 34:11 potentially [2] - 12:15, 21:9 power [2] - 16:10, 37:23 powers [2] - 30:22, 30:25 practical [1] - 24:2 practically [1] - 12:10 prefatory [1] - 28:6 preferences [1] 42:10 premature [1] - 34:9 present [4] - 14:24, 36:20, 41:22, 49:4 presents [1] - 37:5 preserve [1] - 7:23 preserving [2] - 35:9, 35:10 presidency [1] - 21:12 president [1] - 29:7 PRESIDENT [1] - 52:4 President [21] - 9:16, 9:21, 15:3, 15:19, 17:11, 18:10, 18:13, 18:24, 19:11, 22:22, 22:23, 25:11, 25:12, 25:13, 25:22, 33:13, 33:16, 33:22, 34:22, 38:14, 50:4 presidential [20] 3:25, 5:14, 6:11, 12:13, 12:16, 14:20, 19:17, 25:20, 27:10, 36:15, 36:16, 36:23, 36:25, 37:2, 37:3, 37:12, 37:13, 41:9 PRESIDENTIAL [2] 1:2, 51:2 Presidential [5] - 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