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Show 1 THE LEADER-TH- E Proposed! Chamiges in Utah s STATC SALT LAKE CITY September 1. I:d')U Citzcus: Tit Legislature "f tit State of Utah bj( tu:ruitJ vie uith the itipumthtln) hi i follouing Propositions, for pul-.ithn- uhiih ' iht Constitution of lh. ibangtS State of i'tah. In the he ginning of the hod) of eJth Piopo-silioi- i hai he ell Set forth the Ballot Title of tin mil appear on the General 1'iopi'Mttmi as I 'It i lion B.ilot on Sot ember 1974 logethc ui'.h a top) of the present constitutional Bt cause of the ten serious nature of uhith our State Legtsla-tuPropositions dt has calued to he plate J he fore you, I utgt that tath of oit stud) the text of the Proposition ( in full. I utgt )ou to consult uith our fiienJs. inighoois an J lotal tint ItaJers in order that ,oii mat gain all mfoi nation necessai) : nadir a just an J uisc decision. pn-tiuoi- i. disability Sincere I). two-third- CLYDl. L. MILLER Sciiitar) of State Proposed Amendment PROPOSITION NO. 1 EXECUTIVE ARTICLE REVISION SHALL ARTICLE VII OF THE STATE CONSTITUTION BE REVISED TO PROVIDE FOR A LIEU-TEANT GOVERNOR; TO THE SECREDELETE TARY OF STATE AS A OFCONSTITUTIONAL FICER; TO ALLOW THE STATE AUDITOR AND STATE TREASURER RUN FtH HEEtEC lO THEIR RESPECTIVE OFFICES; TO PERMIT THE LEGISLATURE TO ACT ON BILLS VETOED BY THE GOVERNOR AFTER ADJOURNMENT; TO PLACE THE STATE AUDITOR IN LIEU OF OF SECRETARY THE STATE ON THE BOARD OF EXAMINERS: TO REQUIRE THE BOARD OF EXAMINERS TO EXAMINE ONLY UNLIQUIDATED CLAIMS: AND TO 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 qualifications. No person 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- - EfihlstfoU'.nd u an MAKEOTHERCHANGES EXECUTIVE THE ARTICLE (THE PRESENT LAW AND THE PROPOSED REVISIONS ARE ON CARDS IN THE POLLING PLACE AND IN BOOTH.) '(.'if tu , .,' ".'!( foil the Lt'--othe Sl.lle Utah, tiemben '' , ",' '"X Section of the tuo f.u or the re- - Section It is proposed to VII amend Article of the Constitution of the State of Utah to 1 read-Sectio- I s! r S I 1. Elective constitutional officers The elective constitutional officers of the Executive Department shall consist of Governor, Lieutenant Governor. State Auditor. Stale 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 of the Executive Department, during their terms of office, shall reside within the State and shall keep the public records, books and papers at the seat of government. They shall perform such duties as arc prescribed by this Constitution and as may be prescribed by law. Section 2. Election of constitutional officers. The officer- - provided for in sectioh 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 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 ohe of such persons for said office. In the election, the names of the candidate? for Governor and Lieutenant Governor for each po- - for granting the same, and irrspeachjnent. removal 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 provided by law, the Govthe two houses of the Legthe powers and duties of ernor, Attorney General islature at any special ses- the Governor shall devolve and State Auditor shall sion, with respect to the upon the Lieutenant Govconstitute a Board of Exthe of time adjournment, until the absence or ernor aminers, w ilh power to exGovernor shall have power disability ceases or until amine all unliquidated to adjourn the Legislature election, the next claims against the State exto such time as he may when the general shall be vacancy cept salaries or compensathink proper: Provided, it filled by election If, durtion of officers fixed by be not beyond the time office in the a vacancy ing law. and perform such fixed for the convening cf of Governor, the Lieutenother duties as may be the next Legislature. ant Governor resigns, dies, by law; and no absent from prescribed Section 8. Procedure for is displaced, is becomes unhauidated claim against inor the State, bills passed by the legislafor salthe State, except the ture. Every bill passed by capable of performing of aries and compensation the Legislature, before it duties of the office, the officers fixed by law. shall becomes a law, shall be President of the Senate be passed upon by the Legshall act Is Governor until islature presented to the Governor; without having 'filled or the is the shall he vacancy if he approves, been considered and acted or it absence sign it, and thereupon ucon by the said Board of shall become a law; but if ceases. If in this case the Examiners. rePresident of the Senate he 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 covernor Duties. The Lieutenant Governor shall originated, which house becomes incapable of pershall enter the objections forming the duties of the serve on all boardsand comat large upon its journal office, the Speaker of the missions in lieu of the Governor whenever so desigand proceed to reconsider House shall act as Governor until the vacancy is nated by the Governor, the bill. If upon reconsidshall perform such duties filled or the absence or diseration it again passes as may be delegated to him both houses by a yea and ability ceases. While pers of nay vote of forming the duties of the by the Governor, shall dethe members elected to Governor as provided in vote his full time to his duties, and shall perform this section, the Lieuteneach house, it shall become 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 The State Auditor shall be rehe and the and to entitled the day Sunday salary Auditor of Public Acceived it excepted, it shall emoluments of the Govand the State counts, become a law without hs ernor, except in cases of Treasurer shall be the cusabif legislative signature: temporary disability or 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 actinic be provided by law. after adjournment files his as Governor shall be de16 Section Attorney The objections thereto with termined by a majority of general. Attorney on Court the as officers joint Supreme such General shall be the legal provided President of of the advisor of the State officby law. The Governor may request disapprove any item or the Senate and the Speaker ers, except as otherwise of of the House Represent items 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 concluthe bill; in such case he sive. The Supreme Court be provided by law. shall append to the bill at shall upon joint request of Section 17. Superintendthe President of the Senate the- - time of signing it. a ent of Public Instructions. statement of the item or and the Speaker of of The Superintendent of Representatives, items which he disapPublic shall Instruction Govof the request with upon his proves, together perform su;h duties as may ernor, or upon its own reasons therefor, and such determine if and be provided by law. item or" items shall not take over when the disability ceases. Section 18. CompensaThe Supreme Court has extion. The Governor, Lieudeto clusive jurisdiction, tenant Governor, State termine all questions arisIf the Governor disap Auditor, State Treasurer, proves any bill or item of ing under this section. Attorney General and such other State and District ofappropriation after the adSection 12. Board or parficers as may be provided journment sine die of any dons. Until otherwise prosession of the Legislature, for by law. shall receive Governthe vided law, by the presiding officer of or, for their services monthly, of the Supreme justices a compensation as fixed by each house shall poll Uv Court and Attorney Genmembers of their respeca law. eral shall constitute tive houses on the matter Board of Pardons, a MaThe compensation for of reconvening the Legislaof whom, including said officers as provided in jority of the ture. If the Governor, such all laws enacted pursuant members of each house arr conditions, and upon 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' remit fines and forfeitures, respectively, in any official to exceed five calendar cemmute punishments, and capacity or employment days and at a time se; grant pardons after , conduring their respective jointly by the presiding victions, in all cases exterms of office. No such officer of each house, soleofficer shall receive for the cept treason and impeachreconfor the of purpose ly to such regments, performance of any official sidering the bill or item cf ulationssubject as may be providany fee for his own duty aDpropration disapproved. ed by law, relative to the 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 priation again passes both feiture shall be remitted, official duty, shall be colhouses cf the Legislature and no commutation or lected in advance and dea vote and of yea nay by pardon granted, except posited with the State 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 official duty. office shall become vacant, each case, together with Section 19. Grants and and no mode is provided by the dissent of any member All grants the Constitution and laws who may disagree, shall be commissions. and commissions be for filling such vacancy, reduced to writing, and in the name and shall the by the Governor shall have filed witji all papers used authority of the State of the power to fill the same upon the hearing, in the Utah, sealed with the 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 by such The Governor shall of have officercountersigned the person qualification be as may provided to elected to such office. power grant respites or by law. reprieves in all cases of Section 10. State and convictions Section 20. "The Great for . offenses district officers. The Govthe State, except Seal of the State of Utah". ernor shall nominate, and against 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 pites and district officers whose extend State of Utah," and beyond the next the offices are established by shall be kept by such ofof session of Board the this Constitution, or which Pardons; and such ficer as provided by law. Board, may be created by law, and at such conshall session, Section 21. Conflicting whose appointment or electinue or determine such offices. No person, while tion is not otherwise proor reprieve, or they holding any office under vided for. If, during the respitecommute the punishmay the 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 under the State governprovided. district office, the GovernIn case of conviction for ment of Utah. or shall appoint some qualtreason, the Governor shall ified person to discharge Section 2. Submission have the power to suspend the duties thereof until execution of amendment to electors. of the sentence, the next meeting of the until the case The Secretary of State is shall be redirected to submit this proSenate, when he shall to the ported Legislature nominate some person to at to the posed amendment its next session, when fill such office. If the ofof the State of the Legislature shall either electors fice of Lieutenant Govern or commute the Utah at the next general 'or. State Auditor. State pardon, election in the manner proor direct its exsentence, Treasurer or vided by law. Attorney he shall communiecution; General be vacated by to the Legislature at cate Section 3. Effective date. death, resignation or othereach If approved by the electors each wise, it shall be the duty case ofregular session, of of remission fine or this state, this amendof the Governor to fill the ment shall take effect on same Ijy appointment, and forfeiture, reprieve, comJanuary 3. 1977, except as the appointee shall hold mutation or pardon grantfollows: All candidates for his office until his successor ed since the last previous 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 reduring the election year of death of the Governor, his prieve, with the reasons 1976. havJ bee ttv.nn; in (.tic 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 ii 1 1 si it. voter, and a resident State for preceding shall have been citizen of the five years next his election. Section 4. Comander-in-chieThe Governor shall f. be Comander-in-Chie- f of the military forces of the state, except when they shall be called into the service of the United States. He shall have power to call out the militia to execute the laws, to suppress insurrection, or to repel invasion. 5. ' Executive Section 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 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 deem expedient. may v.- ..Section 6. Convening of tluv 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 transacno legislative business except that for which it was especially convened, or such other legislative business as the Qovernor 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 'Ttf two-thir- two-thir- II CoostDftyftDOim Present Senate in extraordinary session for the transaction of executive business. State or Utah or OTFICC OF THE SCCRCTASV " October 17, 1974, Page Comparable Present Provisions amid "c.; GARLAND TIMES, Provision EXECUTIVE ARTICLE Section 1 Executive deTerms, resipartment dence, and duties of officers. The Executive Department shall consist of Governor. Secretary of State, State Auditor. Stale Treasurer, and Attorney General, each of whom shall hold his office for four ,yers. beginning on the first Monday of Janu ary next after his election, excegt 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 1 Department, during their terms of office, shall reside at the seat of government, where they shall keep the public rec ords, 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. 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 proclamatou convene the Senate in extraordinary session for the of executive transaction 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 such time as he may think proper: Provided, it be not beyond the time fixed for the convening of the next Legislature Bills preSection 8 Veto sented to governor bills. Appropriation Every bill 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 he do 1951 ) not approve, he shall reSection 2 (Election turn it with his objections Tie, lecislature to elect.l to the house in which it The officers provided for originated, which house in section one of this artshall enter the objections icle shall be elected by tho at large upon its journal qualified electors of the and proceed Us reconsider State at the time and place the bill. If, after such reof voting for members of consideration, it the Legislature, and the passes both houses again by a havpersons respectively s yea and nay vote of of number the highest ing of the members office votes cast for the elected to each house, it voted for shall be elected; shall become a law, notbut if two or more shall withstanding the Governhave an equal and the or's objections. If any bill highest number of votes be not returned within five for any one of said offices, days after it shall have the. two houses of the Legbeen presented to him. islature, at its next regu(Sunday and the day on lar session, shall elect which he received it exforthwith by joint ballot cepted.) the same shall be one of such persons for' a law in like manner as if said office. he had signed it, unless the Legislature by its final adSection 3 Qualifications of governor and other journment prevent such reNo turn, in which case it shall officers.! executive person shall be eligible to be filed with his objections the office cf Governor or in the office of the SecreSecretary of State unless tary of State within ten he shall have attained to days after such adjournthe age of thirty years at ment (Sundays excepted) the time of his election, nor or become a law. If any to the office of Attorney bill presented to the GovGeneral unless he shall ernor several contains have attained the age of items of appropriations of twenty-fiv- e years at the money, he may object to time of his election, and one or more such items, have been admitted to while approving other portions of the bill; in such practice in the Supreme Court of the- Territory or case he shall append to the of the Stale of Utah, nor bill at the time of signing unless he shall be in good it, a statement of the item standing at the bar at the or items which he declines time of his election. No to approve, together with person shall be eligible to his reasons therefor, and such item or items shall any of the offices provided for in section one of this not take effect unless article, unless at the time passed over the Governor's of his election he shall be objection as in this section a qualified elector, and provided. shall have been a resident 9. Section Governor citizen of the State or Terfill certain vacancies. 1 ritory for five years next may When any State or district preceding his election. The shall become vacant, State Auditor and State office and no mode is provided by Treasurer shall be ineligConstitution and laws ible to election as their the for filling such vacancy, own successors. the Governor shall have the power to fill the same 4. Governor Section commander-in-chief- . The by granting a commission, CommaGovernor shall be which shall expire at the nder-in-Chief of the next election, and upon military forces of the State, qualificaton of the person except when they shall be elected to such office. called into the service of Section 10. Governor's the United States. He shall Vacanhave power to call out the appointive power The Governor shall militia to execute the laws, cies. to suppress insurrection, or nominate, and by and with consent of the Senate, apto repel invasion. all State and district 5. Duties of point Section officers whose offices are The Governor. Governor established by this Consshall see that the laws are be titution, or which faithfully executed; he created by law, andmay 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 writState or district office, any ing from the officers of the the Governor shall appoint Executive Department, and some qualified person to from the officers and manthe duties thereof discharge agers of State Institutions until the next meeting of upon any subject relatitig the Senate,-whahe shall to the condition, managenominate some to ment, anfl expenses of their fill such office. person If the ofinstioffices and respective fice of Secretary of State, tutions, and at any time State Auditor, State Treaswhen the Legislative Asurer or Attorney General sembly is net in session, be vacated by death, resigmay, if he deem it necesnation or otherwise, it shall sary, appoint a committee be the duty of the Governto investigate and report to or to fill the same by aphim upon the condition of and the appointment, any executive office or pointee shall hold his ofState Institution. He shall fice until his successor communicate by message shall be elected and qualithe condition of the State fied, as may be by law to the Legislature at every (As amended provided. regular session, and recom7, 1944, effecNovember mend such measures as he tive January 1, 1945; Nomay deem expedient. vember 7, 19S0, 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 Legislature by proclamation, in ernor, or his impeachment, from office, inabilwhich shall be stated the removal ity to discharge the duties purpose for which the Legof his office, resignation, or islature is to be convened, absence from the State, the and it shall transact no legpowers and duties of said islative business except office shall devolve upon two-third- - the Secretary of State, until the disability shall cease, or until the next general election, when the vacancy shall be filled by election. If. during 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 of 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 tha President pro tenpore of the Senate, as the case may be. except in cases of temporary disability, or 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, in 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 for offenses convictions 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, the Governor shall have the power to suspend execution of 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 Governor, Secretary of State and Attorney General shall constitute a Board 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 off Examiners. " Sectio i 14. Insane Asylum Commissioners. Until otherwise provided by law, the Governor, State Treas-- . urer 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 Provisions Cow. |