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Show WR-VS- & i ?-- ' II I' Page Four TEF, SOUITtEKN UTAH NEWS' Page Four the Secretary of State, until the disability shall cease, or until the next general election, when the vacancy State of Utah Or or OFFICE THE SECRETARY STATE SALT LAKE CITY September 1. 1971 Dear Fellow Citizens: The Legislature of the State of Utah has entrusted me with the respmnibilrl) for pith lisbing the following Propositions, which late to changes in the Constitution of the State of Utah. In the beginning of the body of each Proposition has been set forth the Ballot Title of the Proposition as it will appear on the Genera! re- Election Ballot on N m ember 5, 1974 togethc with a copy of the present constitutional provision. Because of the very serious nature of these Propositions which i our State Legislature has caused to be placed before sou. 1 urge that each of you study the test of thi Pn positions in full. I urge you to consult uith vnr fiiend . neighbors and local chic leaders in order that you may gain all inf (nutation necessai) to render a just and wise decision. disability Sincerely. two-thir- CLYDE L. MILLER Secretary of State litical party shall appear together on the ballot, and the votes cast for a candidate for Governor shall be considered as also cast for the candidate for Lieutenant Governor running jointly with him. 3. Section Eligibility No person qualifications. shall be eligible to the office of Governor or Lieutenant Governor unless he shall have attained to the age of thirty years at the time of his election, nor to the office of Attorney General unless he shall have attained the age of twenty-fiv- e years at the time of his election, and have been admitted to practice in the Supreme Court of the State of Utah, nor unless he shall be in good standing at the bar at the time of his election. No person shall be eligible to any of the offices provided for in section one of this article, unless at the time of his election he shall be a qualified voter, and shall have been a resident citizen of the State for five years next preceding his election. Proposed Amendment PROPOSITION NO. I EXECUTIVE ARTICLE REVISION SHALL ARTICLE VII OF THE STATE CONSTITUTION BE REVISED TO PROVIDE FOR A LIEUTENANT GOVERNOR;TO DELETE THE SECRE- ' TARY OF STATE AS A CONSTITUTIONAL OFFICER; TO ALLOW THE STATS AUDITOR AND STATE TREASURER TO RUN FOR REELECTION TO THEIR RESPECTIVE OFFICES; TC) PERMIT THE LEGISLATURE TO ACT ON BILLS VETOED BY THE GOVERNOR AFTER ADJOURNMENT: TO PLACE THE STATE AUDITOR IN LIEU OF THE SECRETARY OF STATS ON THE BOARD OF EXAMINERS: TO REQUIRE THE BOARD OF EXAMINERS TO EXAMINE ONLY UNLIQUIDATED CLAIMS: AND TO MAKE OTHER CHANGES IN THE EXECUTIVE ARTICLE. (THE PRESSection 4. Ccmander-in-ehieENT LAW AND THE The Governor shall PROPOSED REVISIONS be Comarider-in-Chie- f ARE ON CARDS IN THE of POLLING PLACE AND the military forces of the BOOTH.) state, except when they shall be called into the . Be is resolved b; the service of the United U are of the State of Utah, States. He shall have pows at! members of er to call out the militia to elected to eaib of the tun execute the laws, to suphomes voting in fat or these- press insurrection, or to f: repel invasion. f. Leg-'ll!- tuo-thrd- ' impeachment, removal for granting the same, and the objections, if any, of from office, resignation, absence from the state, or any member of the Board disability to discharge the made thereto. Section 7. Adjournment duties of the office, or in Section 13. Board of exof the legislature. In case case of a Governor-elec- t of a disagreement between who fails to take office, aminers. Until otherwise the Govthe two houses of the Legthe powers and duties of provided by law, General islature at any special sesthe Governor shall devolve ernor, A'torney and State Auditor shall sion, with respect to the the Lieutenant Gova Board of Exconstitute time of adjournment, the upon ernor until the absence or with power to exGovernor shall have power aminers, disability ceases or until amine all unliquidated to adjourn the Legislature the next general election, claims against the State exto such time as he may when the vacancy shall be salaries or compensathink proper: Provided, it filled cept durelection. If, by tion of officers fixed by be not beyond the time a in office the ing vacancy fixed for the convening cf of law, and perform such Governor, the Lieutenas may be the next Legislature. ant Governor resigns, dies, other duties prescribed by law; and no is from is absent displaced, 8 Procedure for Section unliauidated claim against the State, or becomes inbills passed by the legislaexcept for salture. Every bill passed by capable of performing the the State, of the Legislature, before it duties of the office, the aries and compensationshall fixed taw, officers by Senate a of the shall be President becomes law, shall act as Governor until be passed upon by the Legpresented to the Governor; without having if he approves, he shall the vacancy is filled or the islature been considered and acted sign it, and thereupon it absence or shall become a law; but if ceases. If in this case the ueon by the said Board of Examiners. President, of the Senate rehe disapproves, he shall return it with his objections . signs, dies, is displaced, is Section 14 Lieutenant to the house in which it absent from the State, or governor Duties. The house which of becomes incapable peroriginated, Lieutenant Governor shall shall enter the objections forming the duties of the serve on all boardsandrom-mission- s at large upon its journal in lieu of the Govoffice, the Speaker of the ernor whenever so desigand proceed to reconsider House shall act as Governthe bill. If upon reconsidor until the vacancy is nated by the Governor, shall perform such duties eration it again passes filled or the absence or disas may be delegated to him both houses by a yea and ability ceases. While perof forming the duties of the by the Governor, shall denay vote of the members elected to Governor as provided in vote his full time to his each house, it shall become this section, the Lieutenduties, and shall perform such other duties as may a law. If anv bill is not ant Governor, the Presireturned by the Governor dent of the Senate, or the be provided by law. within five days after it Speaker of the House as Section 15. State auditor. has been presented to him. the case may be, shall be State Auditor shall be entitled to the salary and The Sunday and the day he reAuditor of Public Acceived it excepted, it shall emoluments of the Govand the State become a law without his ernor, except in cases of counts, Treasurer shall be the cusif legislative temporary disability or absignature; todian of public moneys, sence from the state. adjournment prevents reand each shall perform turn of the bill, it shall beThe disability of the such other duties as may come a law unless the Governor within twenty days Governor or person acting be provided by law. after adjournment files his as Governor shall be de16. Section Attorney with termined by a majority of general. objections thereto The Attorney on such officers as provided the Supreme Court joint General shall be the legal by law. The Governor may request of the President of advisor of the State officdisapprove any item or the Senate and the Speaker ers, except as otherwise of the House of Representitems of appropriation conprovided by this Constitutained in any bill while atives. Such determination tion, and shall perform such other duties as may approving other portions of shall be final and concluCourt the bill; in such case he sive. The Supreme be provided by law. shall append to the bill at shall upon joint request of Section 17. Superintendthe time of signing it, a the President of the Senate statement of the item or and the Speaker of the ent of Public Instructions. of The Superintendent House of Representatives, items which he disapPublic Instruction shall proves, together with his upon request of the Govperform such duties as may reasons therefor, and such ernor, or upon its own determine if and be provided by law. item or items shall not take effect unless passed over when the disability ceases. Section 18. Compensathe Governors objections The Supreme Court has extion. The Governor, Lieuas provided in this section. clusive jurisdiction to detenant Governor, State termine all questions arisIf the Governor disapAuditor, State Treasurer, section. under this of ing proves any bill or item Attorney General and such adother State and District ofappropriation after the Section 12. Board of parficers as may be provided journment sine die of an dons. Until otherwise prosession of the Legislature, for by law, shall receive by law, the Governthe presiding officer of vided for their services monthly, or, justices of the Supreme each house shall poll the Court and a compensation as fixed by GenAttorney members of their respeceral shall constitute a law. tive houses on the matter Board of Pardons, a MaThe compensation for of reconvening the Legislaof whom, including said officers as provided in jority ture. If of the the Governor, upon such all laws enacted pursuant members of each house arc conditions, and with such to this Constitution, shall in favor cf reconvening, limitations and restrictions be in full for all services the Legislature shall be as they deem proper, may rendered by said officers, convened in a session no fines remit and forfeitures, respectively, in any official to exceed five calendar commute punishments, and capacity or employment days and at a time set grant pardons after conduring their respective jointly by the presiding victions, in all cases exterms of office. No such officer of each house, solecept treason and impeachofficer shall receive for the reconof for the purpose ly ments, subject to such regperformance of any official sidering the bill or item cf ulations as may be providany fee for his own appropration disapproved. ed by law, relative to the duty use, but all fees fixed by If upon reconsideration, manner of applying for law for the performance the bill or item of appropardons; but no fine or forby either of them of any both priation again passes feiture shall be remitted, official duty, shall be colhouses cf the Legislature and no commutation or lected in advance and deby a yea and nay vote of pardon except posited with the State granted, of the members after a full hearing before Treasurer monthly to the elected to each house, the the in open session, credit of the State. The bill shall become law or afterBoard, previous notice of the Legislature may provide the item of appropriation time and place of such for the payment of actual shall take effect. hearing has been given. and necessary expenses of said officers while travelSection 9. Vacancies of The proceedings and destate or district office. cisions of the Board, with ing in the performance of When any State or district the reasons therefor in otficial duty. office shall become vacant, each case, together with Section 19. Grants and and no mode is provided by the dissent of any member commissions. Ail grants the Constitution and laws who may disagree, shall be and commissions shall be for filling such vacancy, reduced to writing, and in the name and the by the Governor shall have filed with all papers used of the State of the power to fill the same upon the hearing, in the authority sealed with the Utah, by granting a commission, office of such officer as Great Seal of the State, which shall expire at the provided by law. signed by the Governor, next election, and upon and countersigned by such The Governor shall have of the person qualification officer as may be provided to or to elected such office. grant respites power by law. in cases of all reprieves Section 10. State and convictions for offenses Section 20. The Great district officers. The GovSeal of the State of Utah. the State, against except ernor shall nominate, and treason or conviction on There shall be a seal of by and with consent of the impeachment; but such resthe State which shall be Senate, appoint all State or reprieves shall not called The Great Seal of and district officers whose pites extend beyond the next the State of Utah, and offices are established by session of the Board of shall be kept by such ofthis Constitution, or which and such Board, ficer as provided by law. Pardons; may be created by law, and at such session, shall conSection 21. Conflicting whose appointment or electinue or determine such offices. No person, while tion is not otherwise proor or reprieve, they holding any office under vided for. If, during the respitecommute the may punishthe United States governrecess of the Senate, a vacment, or pardon the ofment, shall hold any office ancy occur in any State or fense as herein provided. under the State governdistrict office, the GovernIn case of conviction for ment of Utah. or shall appoint some qualtreason, the Governor shall ified person to discharge have Section 2. Submission the to suspend the duties thereof until execution power of amendment to electors. of the sentence, the next meeting of the until the case shall be reThe Secretary cf State is directed to submit this proSenate, when he shall ported to the Legislature nominate some person to at its next posed amendment to the when session, fill such office, if the ofthe Legislature shall either electors of the State of fice of Lieutenant GovernUtah at the next general pardon, or commute the election in the manner or, State Auditor, State sentence, proor direct its exTreasurer or vided by law. Attorney ecution; he shall communiGeneral be vacated by cate to the at Section 3. Effective date. dsth, resignation or other- each regular Legisla'ure session, each If approved by the electors wise, it shall be the duty case of remission of fine or of this stats, this amendof the Governor to fill the ment shall take effect on reprieve, comsame by appointment, arid forfeiture, mutation or pardon grantJanuary 3, 1977, except as the appointee shall hold ed since the last previous follows: All candidates for his office until his successor report, stating the name of the state offices provided shall be elected and qualithe convict, the crime for in this amendment shall fied as may be by law prowhich he was convicted, stand for election to these vided. the sentence and its date, offices under the proviSection 11. Succession the date of remission, comsions of this amendment of office. In case of the mutation, pardon or rethe election year cf death of the Governor, hi- - prieve, with the reason. during ;s7s. two-thir- two-thir- Section Section It is proposed to amend Article VII of the Constitution of the State of Utah to read: 1. Section 1. Elective constitutional The officers. elective constitutional officers of the Executive Department shall consist of Governor, Lieutenant Governor. State Auditor, State Treasurer, and Attorney General, each of whom shall hold his office for four years, beginning on the first Monday of January next after his election. The officers o t. the Executive Department, during their terms of office, shall reside within the State and ahsil keep the public records, books and papers at the seat of government. They shall perform such duties as are prescribed by this Constitution and as may be prescribed by law. Section 2. Election cf constitutional officers. The officers provided for in section one of this article shall be elected by the qualified voters of the State at the time and place of voting for members of the Legislature, and the persons respectively having the highest number of votes cast for the office voted for shall be elected-buif two or more shall have an equal and the cl votes highest numt-efor any one of said offices, the two houses of the Legislature, at its next regular session, shall elect forthwith by joint ballot one of such persons for said office. t r the In the election, name of the candidates for Governor and Lieutenant Governor for each pc- - that for which it was Senate in extraordinary session for the transaction of executive business. 5. Section Executive power. The executive power of the State shall be vested in the Governor, who shall see that the laws are faitfully executed. He shall transact all executive business with the officers of the government, civil and military, and may require information in writing from the officers of the Executive Department, and from the officers and managers of State Institutions upon any subject relating to the condition, management, and expenses of their respective offices and institutions, and may at any time when the Legislature is not in session, may, if he deem it necessary, appoint a committee to investigate and report to him upon the condition of any executive office or Slate Institution He shall communicate by message the condition of the State to the Legislature at every regular session, and recommend such measures as he may deem expedient. Section 6. Convening of the legislature on extraordinary occasions On extraordinary occasions, the Governor may convene the Legislature by proclamation, in which shall be stated the purpose for which the Legislature is to be convened, and it shall transact no legislative business except that for which it was especially convened, or such other legislative business as the Governor may call to its attention while in session. The Legislature. however, may provide for the expenses of the session and other matters incidental thereto. The Governor may also by proclamation convene the EXECUTIVE ARTICLE Section 1. Executive deTerms, resipartment dence, and duties of officers. 1 The Executive Department shall consist of Governor, Secretary of State, State Auditor, State Treasurer, and Attorney General, each of whom shall hold his office for four years, beginning on the first Monday of January next after his election, except that the terms of office of those elected at the first election shall begin when the State shall be admitted into the Union, and shall end on the first Monday in January, A.D. 1901. The officers of the Executive Depart ment, during their terms of office, shall reside at the seat of government, where they shall keep the public records, books and papers. They shall perform such duties as are prescribed by this Constitution and as may be prescribed by law. (As amended November 7, 1950, effective January 1, 1951.- ) Section 2. (Election Tie, legislature to elect. The officers provided for in section one of this article shall be elected by the qualified electors of the State at the time and place of voting for members of the Legislature, and the persons respectively having the highest number of votes cast for the office voted for shall be elected; but if two or more shall have an equal and the highest number of votes for any one of said offices, the two houses of the Legislature, at its next regular session, shall elect forthwith by joint ballot one of such persons for said office. Section 3. Qualifications of governor and other No officers. executive person shal1 be eligible to the office cf Governor or Secretary of State unless he shall have attained to the age of thirty years at the time of his election, nor to the office of Attorney Genera! unless he shall have attained the age of twenty-fiv- e years at the time of his election, and have been admitted to practice in the Supreme Court of the Territory or of the State of Utah, nor unless he shall be in good standing at the bar at the time of his election. No person shall be eligible to any of the offices provided for in section one of this article, unless at the time of his election he shall be a qualified elector,- - and shall have been a resident citizen cf the State or Territory for five years next preceding his election. The State Auditor and State Treasurer shal! be ineligible to election as their own successors. Section 4. (Governor The Governor shall be Commander-In-Chief of the military forces of the State, except when they shall be called into the service of the United States. He shall nave power to call cut the militia to execute the laws, to suppress insurrection, or to repel invasion. Section 5. Duties of Governor. The Governor shall see that the laws are he faithfully executed; shall transact all executive business with the officers of the government, civil and military, and may require information in writing from the officers of the Executive Department, and from the officers and managers of State Institutions upon any subject relating to the condition, management, and expenses of their respective offices and institutions, and at any time when the Legislative Assembly is not in session, may, if he deem it necessary, appoint a committee to investigate and report to him upon the condition of any executive office or State Institution. He shall communicate by message the condition of the State to the Legislature at every regular session, and recommend such measures as he may deem expedient Section 6. Convening of extra sessions of legislature. On extraordinary occasions, the Governor may convene the Legislature by proclamation, in which shall be stated the purpose for which the Legislature is to be convened, and it shall transact no legislative businers except commander-in-chie- f. es- pecially convened, or such other legislative business as the Governor may call to its attention while in The Legislature, session. however, may provide for the expenses of the session and other matters incidental thereto. The Governor may also by proclamaton convene the Senate in extraordinary session for the of executive transaction business. 7. Section Adjournment of legislature by governor. In case of a disagreement between the two houses of the Legislature at any special session, with respect to the time of adjournment, the Governor shall have power to adjourn the Legislature to such time as he may think proper: Provided, it be not beyond the time fixed for the convening of the next Legislature. Section 8. Bills presented to governor Veto - Appropriation bills. Every bill passed by the Legislature, before it becomes a law, shal! be presented to the Governor; if he approve, he shall sign it, and thereupon it shall become a law; but if he do not aoprove, he shall return it with his objections to the house in which il which house originated, shall enter the objections at large upon its journal and proceed to reconsider the bill. If, after such reit consideration, again passes both houses by a yea and nay vote of two-thirof the members elected to each house, it shall become a law, notwithstanding the Governors objections. If any bill be not returned within five days after it shall have been presented to him. (Sunday and the day on which he received it excepted,) the same shall be a law in like manner as if he had signed it, unless the Legislature by its final adjournment prevent such return, in which case it shall be filed with his objections in the office of the Secretary of State within ten days after such adjournment (Sundays excepted) or become a law. If any bill presented to the Governor contains several items of appropriations of money, he may object to one or more such items, while approving other portions of the bill; in such case he shall append to the bill at the time of signing it, a statement of the item or items which he declines to approve, together with his reasons therefor, and such item or items shall not take effect unless passed over the Governors objection as in this section provided. Section 9. Governor may fill ceitain vacancies. When any State or district office shall become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, the Governor shal! have the power to fill the same by granting a commission, which shall expire at the next election, and upon qualificaton of the person elected to such office. Section 10. Governors Vacanappointive power cies. The Governor shall nominate, and by and with consent of the Senate, appoint all State and district officers whose offices are established by this Constitution, or which may be created by law, and whose appointment or election is not otherwise provided for. If, during the recess of the Senate, a vacancy occur in any State or district office, the Governor shall appoint some qualified person to discharge the duties thereof until the next meeting of the Senate, when he shall nominate some person to fill such office. If the office of Secretary of State, State Auditor, State Treasurer or Attorney General be vacated by death, resignation or otherwise, it shall be the duty of the Governor to fill the same by appointment, and the appointee shall hold his office until his successor shaii be elected and qualified, as may be by law (As amended provided. November 7. 1944, effective January 1, 1945; November 7, 1950, effective January l, 1951.) Section 11. Vacancy in office of governor. t In rase of the death of the Governor, or his impeachment, removal from office, inability to discharge the duties oi his office, resignr.tion, or absence from the State, the powers and duties of said office shall devolve upon shall be filled by election. If. during a vacancy in the office of Governor, the Secretary of State resign, die or become incapable of performing the duties of the office, or be displaced, or be absent from the State, the President pro tempore cf the Senate shall act as Governor until the vacancy be filled or the disability cease. While performing the duties of the Governor as in this section provided, the Secretary of State, or the President pro tempore of the Senate, as the case may be, except in cases of or temporary disability, absence from the State, shall be entitled to the salary and emoluments of the Governor. Section 12. Board of pardons Respites and reprieves. Until otherwise provided by law, the Governor, Justices of the Supreme Court and Attorney General shall constitute a Board of Pardons, a majority of whom, including the Governor, upon such conditions, and with such limitations and restrictions as they deem proper, may remit fines and forfeitures, commute punishments, and grant pardons after convictions, in all cases except treason and impeachments, subject to such regulations as may be provided by law, relative to the manner of applying for pardons; but no fine or forfeiture shall be remitted, and no commutation or pardon granted, except after a full hearing before the Board, iri open session, after previous notice of the time and place of such hearing has been given. The proceedings and decisions of the Board, with the reasons therefor in each case, together with the dissent of any member who may disagree, shall be reduced to writing, and filed with all papers used upon the hearing, in the office of the Secretary of State. The Governor shall have power to grant respites or reprieves in all cases of convictions for offenses against the State, except treason or conviction on impeachment; but such respites or reprieves shall not extend beyond the next session of the Board of Pardons; and such Board, at such session, shall continue or determine such respite or reprieve, or they may commute the punishment, or pardon the offense as herein provided. In case of conviction for treason, ihe Governor shall have the power to suspend execution cf the sentence, until he case shall be reported to the Legislature at its next regular session, when the Legislature shall either pardon, or commute the sentence or direct its execution; he shall communicate to the Legislature at each regular session, each case of remission of fine or forfeiture, reprieve, commutation or pardon granted since the last previous report, stating the name of the convict, the crime for which he was convicted, the sentence and its date, the date of remission, commutation, pardon or reprieve, with the reasons for grantng the same, and the objections, if any, of any member of the Board made thereto. Section 13. State Prison Commissioners Board of Examiners. Until otherwise provided by law, the of Governor, Secretary State and Attorney General shall constitute a Beard of State Prison Commissioners, which Board shall have such supervision of all matters connected with the State Prison as may be provided by law. They shall, also, constitute a Board of Examiners, with power to examine all claims against the State except salaries or compensation of officers fixed by law, and perform such other duties as may be prescribed by law; and no claim against the State, except for salaries and compensation of officers fixed by law, shall be passed upon by the Legislature without having been considered and acted upon by the said Board of Examiners. Section 14. Insane Asylum Commissioners. Until otherwise provided by law, the Governor, State Treasurer and State Auditor shall constitute a Board of Insane Asylum Commissioners. Said Board shall have such supervision of all matters connected with the State Insane Asylum as may be provided by law. Section 15. Reform school commissioners ) Until otherwise provided by Present Prosisiom Com. |