Statements of witnesses before the subcommittee Continued Kallenbach, Joseph, professor, political science department, University of Michigan... Kennedy, Hon. Edward M., a U.S. Senator from the State of Massachusetts. Page 382 Katzenbach, Hon. Nicholas DeB., Attorney General of the United 151 173 Kennedy, Hon. Robert F., a U.S. Senator from the State of New 179 Kirby, James C., Jr., professor of law, Northwestern University, Kofmehl, Kenneth, professor of political science, Purdue University. Long, Hon. Edward V., a U.S. Senator from the State of Missouri__ Miner, Miss Ruth, associate professor, Wisconsin State University, Mitchell, Clarence, secretary, National Association for the Advance- p 499 622 667 26.5 314 602 Mundt, Hon. Karl E., a U.S. Senator from the State of South Morton, Hon. Thruston B., a U.S. Senator from the State of Kentucky 427 96, 613 48, 671 361 Pearson, Hon. James B., a U.S. Senator from the State of Kansas___ Rankin, Dr. Robert S., political science department, Duke University. Scammon, Richard M., Elections Research Center, Washington, D.C. 227 590 639 364 117 579 677 188, 355 111 Scott, Hon. Hugh D., a U.S. Senator from the State of Pennsylvania__ Storey, Dean Robert G., of Dallas, Tex., chairman of the American Williams, J. Harvie, secretary, American Good Government Society. Statements for the record: Albaugh, William A., Washington, D.C... 266 79 71 569 316 100 273 201, 468 686 Third Congressional District of the State of Florida.. 687 467 466 Busch, Mrs. Ernestine G., El Paso, Tex.. Case, Hon. Clifford, a U.S. Senator from the State of New Jersey- Brown, Hon. Edmund G., former Governor of the State of California_ 543 686 687 687 688 689 94 691 Statements for the record—Continued Ervin, Hon. Sam J., Jr., a U.S. Senator from the State of North Carolina__ Hoff, Hon. Philip H., Governor of the State of Vermont.. Hruska, Hon. Roman L., a U.S. Senator from the State of Nebraska.. Johnson, Donald Bruce, professor of political science, University of Page 26, 456 691 24 692 Kenrick, Mari, South Yarmouth, Mass. McBride, Edward J., assistant professor of political science, Saint 693 Johnson, Norman W., associate professor of mathematics, Wheaton 693 Keeffe, Arthur John, chairman, Constitutional Law Committee, Federal Bar Association _ _ 698 698 700 93 703 433 93 703 706 McGee, Hon. Gale, a U.S. Senator from the State of Wyoming. Pearce, Mrs. E. D., president, General Federation of Women's Clubs. Smith, Stephen E., attorney at law, New York, N.Y. State of Delaware v. State of New Yor), et al__ Electing the President: A Report of the Commission on Katzenbach, Attorney General, et al. v. Morgan, eytux_ "One Man, 3.312 Votes: A Mathematical Analysis of the 710 710 711 75 712 711 712 807 715 774 794 905 ELECTION OF THE PRESIDENT MONDAY, FEBRUARY 28, 1966 U.S. SENATE, SUBCOMMITTEE ON CONSTITUTIONAL AMENDMENTS Washington, D.C. Senator BAYH. The subcommittee will please come to order. Before proceeding with the remarks of the subcommittee, I think it would be appropriate to start this first subcommittee meeting of the new year with a restatement of one or two of the ground rules under which we have tried to operate. Because of the importance of the matter before us, we have received inquiries from many organizations and individuals interested in having their views expressed. While we should like to allow everyone who wishes to express his views to do so before this subcommittee, past experience has indicated that this is not always possible. Therefore, if it develops that it is impossible to hear everyone requesting an appearance before this subcommittee, we shall permit the submission of written statements for the record. If there is no objection from my colleague from Nebraska, we will pursue this policy. Senator HRUSKA. It is prefectly agreeable, Mr. Chairman. Senator BAYH. I would like to recognize the presence of my distinguished colleage from Nebraska and thank him once again for the great cooperation that he has given our subcommittee by his attendance and able examination of the witnesses. Before proceeding further, I think it would be wise to ask that the record of the hearings include a text of the resolutions which are before us, Resolutions 4, 7, 11, 12, 28, 58, Revised 58, 62, 138, and 139. (The material referred to follows:) [S.J. Res. 4, 89th Cong., first sess.] JOINT RESOLUTION Proposing an amendment to the Constitution of the United States providing for nomination of candidates for President and Vice President, and for election of such candidates by popular vote Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid for all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States: "SECTION 1. The Executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years, and together with the Vice President, chosen for the same term, be nominated and elected as hereinafter provided. "SEC. 2. The official candidates of political parties for President and Vice Presi dent shall be nominated at a primary election by direct popular vote. Voters in each State shall have the qualifications requisite for electors of the most numerous branch of the State legislature, but, in the primary election each voter shall be eligible to vote only in the primary of the party of his registered affiliation. The time of such primary election shall be the same throughout the United States, and, unless the Congress shall by law appoint a different day, such primary election shall be held on the first Tuesday after the first Monday in August in the year preceding the expiration of the regular term of President and Vice President. No person shall be a candidate for nomination for President or Vice President except in the primary of the party of his registered affiliation, and his name shall be on that party's ballot in all the States if he shall have filed a petition at the seat of the Government of the United States with the Secretary of State which petition shall be valid only if (1) it is determined by the Secretary of State to have been signed on or after the first day of January of the year in which the next primary election for President and Vice President is to be held by a number of qualified voters, in any or all of the several States, equal in number to at least 1 per centum, but not more than 2 per centum, of the total number of popular votes cast throughout the United States for all candidates for President (or, in the case of the primary election first held after the ratification of this article, for electors of President and Vice President) in the most recent previous presidential election, and (2) it is filed with the Secretary of State not later than the first Tuesday after the first Monday in June of the year in which the next primary election for President and Vice President is to be held. No person's name shall appear on the ballot in any primary election as a candidate for nomination for both President and Vice President; but the foregoing shall not, except in the case of a runoff election, prohibit the name of a candidate for nomination for President, or the name of any other person, from being written on the ballot by the voters for nomination for Vice President, or the name of a candidate for nomination for Vice President, or the name of any other person, from being written on the ballot by the voters for nomination for President. "SEC. 3. For the purposes of this article a political party shall be recognized as such if at any time within four years next preceding a primary election the Secretary of State determines such party has had registered as members thereof more than 5 per centum of the total registered voters in the United States. "SEC. 4. Within fifteen days after such primary election, the chief executive of each State shall make distinct lists of all persons of each political party for whom votes were cast, and the number of votes for each such person, which lists shall be signed, certified, and transmitted under the seal of such State to the seat of the Government of the United States directed to the Secretary of State, who shall forthwith open all certificates and count the votes. The person receiving a majority of the total number of popular votes cast for presidential nominees by the voters of the party of his registered affiliation shall be the official candidate of such party for President throughout the United States. and the person receiving a majority of the total number of popular votes cast for vice presidential nominees by the voters of the party of his registered affiliation shall be the official candidate of such party for Vice President throughout the United States. If no person receives a majority of the total number of popular votes cast for presidential nominees by the voters of a political party, a runoff election to determine the nominee of such political party for President shall be conducted throughout the United States on the twenty-eighth day after the day on which the primary election was held. Such runoff election shall be be tween the two persons who received the greatest number of popular votes cast for presidential nominees by the voters of such political party in the primary election. If no person receives a majority of the total number of popular votes cast for vice presidential nominees by the voters of a political party, a runoff election to determine the nominee of such political party for Vice President shall be conducted throughout the United States on the twenty-eighth day after the day on which the primary election was held. Such runoff election shall be between the two persons who received the greatest number of popular votes cast for vice presidential nominees by the voters of such political party |