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Show impeachmenf, removal from office, resignation, absence from the state, or of executive business. disability to discharge the or or state 7. the Section orrict secretary Adjournment duties of the office, or in Of the legislature. In ease case of a Governor-elec- t SALT LAKE CITY of a disagreement between who fails to take office, the two houses of the Legthe powers and duties of September 1. 197 islature at any special sesthe Governor shall devolve sion, with respect to the upon the Lieutenant GovDear I'tlou Citizens: time of adjournment, the ernor until the absence or I hi LepitLiture of ihi Siie of Utah hat Governor shall have power disability ceases or until to adjourn the Legislature entrmted me uith the rnpontibilil) fin the next general election, as he to time such may when the vacancy shall be g the fiillniiiii g Piopotiliom. ubiib i it think proper: Provided, filled by election. If, durlate to eb,ngit in the (.omtitulion of th: be not beyond the time ing a vacancy in the office fixed for the convening tf of Sl.tli of Utah. Governor, the Lieutenthe next Legislature, ant Governor resigns, dies, In I he In "inning of the hm) of eath Piopo-sitioSection 3. Procedure for is displaced, is absent from has hieii at forth the Ballot Title of tin the State, or becomes inbills passed bv the legislature. Every bill passed by capable of performing the Piopositioii ji it it ill appear on the Geneud the Legislature, before it duties of the office, the Plat ion Ihtllot on Notunher 5, 197 togethf becomes a law, shall be President of the Senate with a top) of the pieHit ion titiiiional shall act as Governor until presented to the Governor: Bet tin ye of the ten sellout nature of if lie approves, he shall the vacancy Is filled or the sign it, and thereupon it absence or these Propositions tthieh )out Shite Legsla-tnshall become a law; but if ceases. If in this case the hat caused to he placid before )oi. 1 urge President of the Senate rehe disapproves, he shall return it with his objections signs, dies, is displaced, is thiil iiith of )on stud) the text of the Piopoti-tioto the house in which it absent from the State, or i in full. originated, which house becomes incapable of perI tape i ou to tumult uith )our fiiiini. shall enter the objections forming the duties of the at large upon its journal office, the Speaker of the iitighhoii and lot al at it hadeis in order that and proceed to reconsider House shall act as Governou nia) pain all in foi nation neatsar) to the bill. If upon reconsidor until the vacancy is render a jml and ttise decision. eration it again passes filled or the absence or disboth houses by a yea and ability ceases. While perSnct rel i . of forming the duties of the nay vote of the members elected to Governor as provided in each house, it shall become this section, the Lieutena law. If anv bill is not ant Governor, the Presireturned by the Governor dent of the Senate, or the within five days after it Speaker of the House ns has been presented to him. the case may be, shall be CLYDP. L. MILLP.R J entitled to the salary and Sunday and the day he received it excepted, it shall emoluments of the GovSit retar) of State become a law without his ernor, except in cases of if legislative temporary disability or absignature; sence from the state. adjournment prevents relitical party shall appear turn of the bill, it shall beThe disability of the together on the ballot, and come a law unless the Governor within twenty days Governor or person acting the votes cast for a candidate for Governor shall be after adjournment files his as Governor shall be dewith termined by a majority of thereto considered as also cast for objections such olficers as provided the Supreme Court on joint the candidate tor Lieutenant Governor PROPOSITION NO. 1 by law. The Governor may request of the President of running with him. disapprove any item or the Senate and the Speaker jointly EXECUTIVE ARTICLE of the House of Representitems of appropriation conREVISION 3. Section Eligibility tained in any bill while atives. Such determination No qualifications. person other portions of shall be final and concluSHALL ARTICLE VII OF shall be eligible to the approving the bill; in such case he sive. The Supreme Court THE STATE CONSTITULieuoffice of Governor or append to the bill at shall upon joint request of TION BE REVISED TO tenant Governor unless he shall the time of signing it, a the President of the Senate PROVIDE FOR A LIEUshall have attained to the statement of the item or and the Speaker of the TENANT GOVERNOR ;TO age of thirty years at the House of Representatives, items which he DELETE THE SECRETARY OF STATE AS A time of his election, nor to with his upon request of the Govtogether Genoffice the of Attorney CONSTITUTIONAL OFreasons therefor, and such ernor. or upon its own FICER: TO ALLOW THE eral unless he shall have determine if and item or items shall not take attained the age of twenty-fiv- e STATE AUDITOR AND when the over effect unless disability ceases. passed STATE TREASURER TO years at the time of the Governor's objections The Supreme Court has exRUN FOR REFLECTION his election, and have been in this section. clusive jurisdiction to deas TO THEIR RESPECTIVE admitted to practice in the If provided termine all questions arisGovernor the disapOFFICES: TO PFRMIT Court of the State ing under this section. ...... THE LEGISLATURE TO.. Supieme proves any bill or.itenv.qf of Vleh, nor tmlesrhe shall adon bulls vetoed be in good the after Acr appropriation at the standing Section 12. Board of parBY THE GOVERNOR journment sine die of any dons. bar at the time of his elecUntil otherwise proAFTER ADJOURNMENT: session of the Legislature, vided by law, the GovernTO PLACE THE STATE tion. No person shall be of officer the presiding AUDITOR IN LIEU OF eligible to any of the ofjustices of the Supreme' each house shall poll the or, Court and Attorney GenTHE SECRETARY OF fices provided for in secmembers of their respecSTATE ON THE BOARD eral shall constitute a tion one of this article, untive houses on the matter Board of Pardons, a MaOF EXAMINERS: TO REless at the time of his elecof reconvening the LegislaQUIRE THE BOARD OF tion he shall be a qualified of whom, including s of the jority EXAMINERS TO EXAMture. If and the Governor, upon such shall been have voter, INE ONLY UNLIQUIDof are members house each conditions, and with such ATED CLAIMS: AND TO a resident citizen of the in favor cf reconvening, limitations and restrictions State for five years next MAKE OTHER CHANGES be the shall Legislature as they deem proper, nay IN THE EXECUTIVE preceding his election. convened in a session no' remit fines and forfeitures, ARTICLE. (THE PRESto exceed five calendar Section 4. Comander-in-chieccmmute punishments, and ENT LAW AND THE The Governor shall days and at a time set grant pardons after conPROPOSED REVISIONS Comatider-in-Chiethe f be of IN THE ARE CN CARDS jointly by presiding victions, In all cases exofficer of each house, solePOLLING PLACE AND the military forces of the cept treason and impeachBOOTH.) state, except when they ly for the purpose of reconments, subject to such regshall be called into the sidering the bill or item cf ulations as may be providBe it tetahed h) thi Legservice of the United aDpropration disapproved. ed by law, relative to the 'll!. 't'ie of the Stall of Utah, If upon reconsideration, States. He shall have powmanner of applying for of ad ineinbirs the bill or item of approer to call out the militia to pardons; but no fine or forfhiti.I to t.lih of the tun execute the laws, to suppriation again passes both feiture shall be remitted, Inm tit i ntni" in fat m ih tipress insurrection, or to houses cf the Legislature and no commutation or by a yea and nay vote of pardon ff: repel invasion. granted, except s of the members before after a full 1. 5. Section Section Section Executive elected to each house, the the Board, inhearing open session, It is propos'd to power. The executive powbill shall become law or after previous notice of the er of the State shall be amend Article VII o; the the item of appropriation time and place of such Constitution of the Stale of vested in the Governor, shall take effect. hearing has been given. who shall see that the laws Utah to read: Section 9 Vacancies of The proceedings and deare faitfully executed. He 1. Section Elective constate or district office. cisions of the Board, with transact all executive stitutional officers. The shall When any State or district the reasons therefor in business with the officers ofelective constitutional office shall Income vacant, each case, together with of civil the government, ficers of the Executive Deand no mode is provided by the dissent of any member reand and may military, partment shall consist of the Constitution and laws who may disagree, shall be writin information quire Governor, Lieutenant Govfor filling such vacancy, reduced to writing, and ing from the officers of the ernor. State Auditor. State the Governor shall have filed with all papers used Executive Department, and Treasurer, and Attorney the power to fill the same upon the hearing, in the manfiom the officers and General, each of whom n commission, office of such officer ns granting by of State Institutions agers shall hold his office for which shall expire a the provided by law. iiiioii any subject relating four years, beginning on next election and upon to the condition, managetin first Monday of JanuThe Governor shall have ment, and expenses of their qualification of the person his election next after ary elected to such office power to grant respites or instioffices and respective Execuof The officers the leprioves in all eases of tutions. and may at any Section 10 State and convictions for offenses tive Department, during when time the Legislature t He r terms of office, shall district officers. The Govthe State, except is nut in session, may, if ernor shall nominate, and against reside within the Stale and treason or conviction on he deem it necessary, apand with consent of the by shall keep the public rebut such respoint a committee to inSenate, appoint all State impeachment; cords, books and pupeis at pites or reprieves shall not to him and report vestigate whose district officers and th? seat of government extend beyond the next upon the condition of any offices are established by session of They shall perform such the Board of or office executive Sta'e this Constitution, or which Pardons; and such duties as are prescribed bv Board, comHe Institution shall may be created by law, and at such session, shall conthis Constitution and as municate by message the elec-tioor whose law be appointment may prescribed by tinue or determine such louditiim of the State to is not otherwise proor reprieve, or they Section 2. Flection of the Legislature at every vided for. If. during the respitecommute the punishmay constitutional officers. The recomand vacregular session, recess of the Senate, a or pardon the ofofficers provided for ,i mend such measures as he occur in any State or ment, ancy fense as herein provided. section one of this article may deem expedient. district office, the GovernIn case cf conviction for shall be elected by the or shall appoint some qualvoters of the Section 6. Convening of ified person to discharge treason, the Governor shall qualified to suspend have the the legislature on extraor State at the time and pla e the duties thereof until execution power of the sentence, of voting for members of dinary occasions. On exthe next meeting of the until the case shall tram tli nary occasions, the be rethe Legislature, and the he shall when Senate, Governor may convene the ported to the Legislature poisons respectively havsome person to at Iniiniiiate its next session, when Legislature by proclamaing the highest number of fill such office. If the ofthe Legislature shall either tion, in which shall be vote- -' cast for the ntfuv Governfice ef Lieutenant stated tile purpose for pardon, or commute the voted for shall bo dieted or, Stale Auditor, State sentence, or direct its exwhich the Legislature is to but if two or mote shall or Treasurer Attorney be convened, and it shall he shall communihave an equal and the General be vacated by ecution; no legislative busitransact cate to the Legislature nt of votes number highest otheror dentil, resignation ness except ttiat for which each regular session, each for any one of said offie s wise, it shall be the duty it was especially convened case of remission of fine or the two houses of the Legof the Governor to fiil the or such other legislative islature. at its next regureprieve, comsame by appointment, and forfeiture, business as the Governor mutation or pardon grantlar session. shall elect shall the hold appointee ed since the last previous may cal! to its attention forthwith bv hunt ballot his olfiee until his successor ul lie in session. The Legreport, stating the name of one of such persons for be shall elected and qualiislature. however, may pro-the convict, the crime for said office. as be i fied law by may irio for the expenses of which he was convicted, d. In the election. tli the session and other matthe sentence and its date, names of Ihr candidates ters incidental therein. The 11. Siction Succession the date of remission, comuten-ant for Governor and Lit Governor may also by Of office. In ease of the mutation, pardon or reeach po th'J Governor dent!' of the Governor, lu- - prieve, witn the rbasons j.rt H'm'Mjnn in extraordinary session for the transaction Senate State of Utah pub-Inhi- ii pro-liito- disability e 1 two-thir- Proposed Amendment disap-piove- s. two-third- f. tun-thiij- f two-third- i n v pio-vid- for granting the same, and the objections, if any, of any member of the Board made thereto. Present Provision Section 13. Board of examiners. Until otherwise provided by law, the Governor, Attorney General and State Auditor shall constitute a Board of Examiners, with power to exail unliquidated amine 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 unliquidated 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 ucon by the said Board ol Examiners. Section 14 Lieutenant Duties. The governor Lieutenant Governor shall serve on all hoardsnndrom-mission- s in lieu of the Governor whenever so designated by the Governor, shall perform such duties as may be delegated to him by the Governor, shall devote his full time to his duties, and shall perform such other duties as may be provided by law. Section 15. State auditor. The State Auditor shall he Auditor of Public Accounts. and the State Treasurer shall be the custodian cf public moneys, and each shall perform such other duties as may be provided by law. 16. Section Attorney The Attorney general. General shall be the legal advisor of the State offic-oi,tpXCCpt 25 otherwise provided by this Constitution. and shall perform sueh other duties as may be provided by law. ci Section 17. Superintendent of Public Instructions. of The Superintendent shall Public Instruction perform such duties as may be provided by law. Section 18. Compensation. The Governor, Lieutenant State Governor, Auditor, State Treasurer, Attorney General1 and State and District officers as may be provided for by law, shall receive for their services monthly, a compensation as fixed by law. The compensation for said officers as provided in ail laws enacted pursuant to this Constitution, shall be in full for all services rendered by said officers, respectively, in any official capacity or employment their respective during terms of office. No such officer shall receive for the performance of any official duty any fee for his own use, but all fees fixed by law for the performance by either of them of any official duty, shall be collected in advance and deposited with the State Treasurer monthly to the credit of the State. The Legislature may provide for the payment of actual and necessary expenses of said officers while traveling in the performance nf official duty. Section 19. Grants and All grants commissions. and commissions shall he in the name and by the authority of the State of Utah, sealed with the Great Seal of the State, signed by the Governor, and countersigned by such officer as may be provided hy law. Section 20. The Great Seal of the State of Utah. There shall be a seal of the State which shall le called The Great Seal of the State of Utah, and shall be kept by such officer as provided by law. such-othe- Section 21. Conflicting offices. No person, while holding any office under the United Slates government, shall hold any office under the State government of Utah. Section 2. Submission of amendment to electors. The Secretary of State is directed to submit this proposed amendment to the electors of the Stale cf Utah at the next general election In the manner provided by law. Section 3. Effective date. If approved by the electors of this state, this amendment shall take effect on January 3, 1977, except as follows: All candidates for the state offices provided in this amendment shall stand for election to these offices under the provisions of this amendment during the election year of 1978. EXECUTIVE ARTICLE Section 1. Executive deTerms, resipartment dence, and duties of offic-ers- .l The Executive Department shall consist of of Governor, Secretary 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 tiial 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 fir" Monday in January, A.D. 1901. The officers of tiie Executive Department, during their terms of office, shall reside at the scat 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, effoctivc 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 voles cast for the office voted for shall bo elected; but if two or more shall have an equal and the highest number of vote 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. 1 executive person shall be eligible to the office cf Governor or Secretary of State unless he shall have .attaiiied tm 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 ben 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 of the State or Territory for five years next preceding his election. The State Auditor and State Treasurer shall be ineligible to election as their own successors. Section 4. 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 proclamaton convene the Senate in extraordinary session for the transaction of executive business. 7. Section Adjournment of legislature by govIn case of a disernor. agreement 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 sueh 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 bills. Appropriation bill Every passed by the Legislature, before it becomes a law, shall be presented to the Governor; if he approve, he shall sign it, and thereupon it shall become a law; but if be do not aoprove, be shall return it with his objections to the house in which it originated, which house 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 of and vote yea nay of the members elected lo 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 bo a law in like manner as if lie 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 t days after, sucht (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 certain vacancies.l 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 shall 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. two-thir- 'adjoin-ri-fnCn- (Governor The be of the military forces of the State, except when they shall be called into the service of Section 19. Governors the United States. He shall Vacanhave power to call out the appointive power militia to execute the laws, cies.l The Governor shall to suppress insurrection, or nominate, and by and with consent of the Senate, apto repel invasion. all State and district Duties of point Section 5. officers whose offices are Governor. The Governor established by this Consshall see that the laws are titution, or which may be he executed; faithfully created by law. and whose shall transact all executive or election is business with the officers appointment not otherwise provided for. of the government, civil If, during the recess of the and military, and may reSenate, a vacancy occur in quire information in writany State or district office, from officers of the the ing the Governor shall appoint Executive Department, and some qualified person to from the officers and mandischarge the duties thereof agers of State Institutions until the next meeting of upon any subject relating the Senate,-whehe shall to the condition, managenominate some person to and ment, expenses of their fill such office. If the ofrespective offices and instifice of Secretary of State, tutions, arid at any time State Auditor, State Treaswhen the Legislative Asurer or Attorney General in is not session, be vacated sembly by death, resigmay, if he deem it noces--sarnation or otherwise, it shall a committee appoint be duty of the Governto investigate and report to or the to fill the same by aphim upon the condition of and the apany executive office or pointment, pointee shall hold his ofState Institution. He shall fice until his successor communicate by message shall bo elected and qualithe condition of the State fied, as may be by law to the Legislature at every . provid-'d(As amended regular session, and recomcffec-liv- c mend sueh measures as lie November 7, 1,1944, 1945: NoJanuary may deem expedient. vember 7, 1950, effective Section 6. Convening of January 1, 1951.) extra sessions of legislaSection 11. Vacancy in ture. On extraordinary office of governor. 1 Incase occasions, the Governor of the death of the Govmay convene the Legislaernor, or his impeachment, ture by proclamation, in removal from office, inabilwhich shall be stated the ity to discharge the duties purpose for which the Legof his resignation, or islature is to be convened, absenceoffice, from the State, the and it shall transact no legpowers and duties of said business except office shall devolve upon islative ccmmander-in-chief.- Governor j shall the Secretary of State, until the disability shall cease, or until the next general election, when the vacancy shall be filled hy 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 olfiee, or he displaced, or be absent from the State, the President pro tempore of the Seriate shall act as Governor until the vacancy be filled or the disability While performing cease. 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 eases of temporary disability, or absence from the State, shall bo entitled to the salary and emolumonts of the Governor. Section 12. (Board of pardons Respites and reprieves. Until otherwise provided lay 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 sueh 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, in open session, after previous notice of the time and place of such hearing lias been given. The proceedings and decisions of the Board, with the s 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. rea-son- The Governor shall have power to grant respites or reprieves in all cases of convictions for offenses against the Stale, 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 suchsessiart," shhll"con-tinu- e 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, the Governor shall have the power to suspend execution of the sentence, until fhe 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, or pardon commutation 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 Slate and Attorney General shall constitute a Board of Slate Prison Commissioners, which Board shall have such supervision of all matters connected with the State Prison as may bo provided by law. They shall, also, constitute a Board of Examiners, with al! power to examine 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 Beard of Examinos. Section 14. Insane lum Commissioners. Asy- Until otherwise provided by law, the Governor. State Treasurer and State Auditor shall constitute a Board of Insane Asylum Commissioners. Said Board shad have such supervision of all matters connected with the State Insane Asylum as may be provided by law. 15 Section Reform school commissioners. Until otherwise provided by Pencil Platinum ('.mil |