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Show y Proposed Changes in Utah's Camsttitaftooin) and Comparabie Present Proviisiions SALT LAKE CITY 1, September 1971 Dear fellow Cithern: The Legislature of the State of Utah has entrusted me with the responsibility for publishing the following Propositions, which relate to changes in the Constitution of th: State of Utah. In the beginning of the body of each Proposition has been set forth the Ballot 'lille of the Proposition as it will appear on the General Election Ballot on Not ember 5, 1971 together with a copy of the present constitutional provision. Because of the lery serious nature of these Propositions which your State Legislature has caused to be placed before you. I urge that each of you study the text of the Propositions in full. I urge you to consult with neighbors and local civic leaders you may gain all information necessary render a just and wise decision. disability Sincerely. two-thir- CLYDE L. MILLER of State Secretary Proposed Amendment PROPOSITION NO. 1 EXECUTIVE ARTICLE REVISION SHALL ARTICLE VII OF THE STATE CONSTITUTION BE REVISED TO PROVIDE FOR A LIEUTENANT GOVERNOR ; TO DELETE THE SECRETARY OF STATE AS A OFCONSTITUTIONAL FICER; TO ALLOW THE STATE AUDITOR AND STATE TREASURER TO RUN FOR REELECTION TO THEIR RESPECTIVE OFFICES; TO PERMIT THE LEGISLATURE TO ACT ON BILLS VETOED GOVERNOR BY THE AFTER ADJOURNMENT: TO PLACE THE STATE AUDITOR IN LIEU OF THE SECRETARY OF STATE ON THE BOARD OF EXAMINERS: TO REQUIRE THE BOARD OF EXAMINERS TO EXAMINE ONLY UNLIQUIDATED CLAIMS: AND TO MAKEOTHERCHANGES THE IN EXECUTIVE ARTICLE. (THE PRESENT LAW AND THE PROPOSED REVISIONS ARE ON CARDS IN THE POLLING PLACE AND BOOTH.) Be is resolved by the Leg- islature of the State of Utah, s of all members elected to each of the two houses voting in favor there-of- : two-third- Section Section It is proposed to amend Article VII of the Constitution of the State of Utah to read: Section 1. 1. Elective con- The stitutional officers. 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 are prescribed by this Constitution and as may be prescribed by law. Section 2. Election of constitutional officers. The officers provided for in section one of this article shall be elected by the voters of the qualified State at the time and place of voting for memlxrs 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. In the election, the names of the candidates for Governor and Lieutenant Governor for each po Present Provision OF STATE OF THE SECRETARY that for which it was esimpeachment, removal for granting the same, and from office, resignation, the objections, if any, of pecially convened, or such absence from the state, or any member of the Board other legislative business as the Governor may call disability to discharge the made thereto. Section 7. Adjournment duties of the office, or in to its attention while in of the legislature. In case case of a Governor-elec- t Section 13. Board of exsession. The Legislature, of a disagreement between Until otherwise EXECUTIVE ARTICLE who fails to take office, aminers. however, may provide for the two houses of the Legprovided by law, the Govthe the and duties of expenses of the session powers de1. Section Executive islature at any special sesernor, Attorney General and other matters incidentGovernor shall devolve the resiTerms, and State Auditor shall partment sion, with respect to the al thereto. The Governor the Lieutenant Govdence, and duties of offica Board of Exconstitute time of adjournment, the upon ernor until the absence or may also 'by proclamaton ers.) The Executive DeexGovernor shall have power shall consist of convene the Senate in exceases or until aminers, with power to partment disability to adjourn the Legislature all amine unliquidated Governor, the next general election, Secretary of traordinary session for the exto such time as he may State Auditor, State transaction of executive when the vacancy shall be claims against the State State, it or think proper: Provided, compensacept salaries and Attorney business. filled by election. If, durTreasurer, be not beyond the time tion of officers fixed by General, each of whom ing a vacancy in the office 7. fixed for the convening cf of such shall Section law, and perform Adjournhold his office for the LieutenGovernor, ment of legislature by govbe four the next Legislature. Governor. on ant Governor resigns, dies, other duties as may years, beginning In case of a disernor. by law; and no the first Monday of Janutwo Section 8. Procedure for is displaced, is absent from prescribed between the agreement Board of Section 12. unliquidated claim against ary next after his election, the State, or becomes inbills passed by the legislahouses of the Legislature pardons except for salRespites and that the terms of at any special session, ture. Every bill passed by capable of performing the the State, except with reprieves. Until otherwise the Legislature, before it duties of the office, the aries and compensation of office of those elected at respect to the time of adprovided by law, the Govbecomes a law, shall be President of the Senate officers fixed by law, shall the first election shall bethe Governor ernor, journment, be the LegJustices of the Suupon passed by act as to shall Governor until the Governor; gin when the State shall presented shall have power to adCourt and Attorney preme if he approves, he shall the vacancy is filled or the islature without having be admitted into the Union, to been considered and acted and shall end on the first journ the Legislature General shall constitute a sign it, and thereupon it absence or such time as he may think Board of Pardons, a majorshall become a law; but if ceases. If in this case the ucon by the said Board of Monday in January, A.D. proper: Provided, it be not Examiners. of whom, including the reity reSenate of the he disapproves, he shall President 1901. The officers of the time fixed the for Governor, beyond such conturn it with his objections Executive signs, dies, is displaced, is ment, 14 Lieutenant Section the convening of the next ditions, andupon Depart such limwith to the house in which it ofabsent from the State, or governor of terms their Duties. The during Legislature. itations as and restrictions house which of becomes pershall reside the at seat originated, Lieutenant Governor shall fice, incapable shall enter the objections they deem proper, may reof government, where they forming the duties of the serve on all boardsand comBills preSection 8. mit fines and forfeitures, at large upon its journal office, the Speaker of the missions in lieu of the Govshall keep the public recVeto sented to governor commute punishments, and and proceed to reconsider House shall act as Governernor whenever so desigbills. ords, books and papers. Appropriation the bill. If upon reconsidgrant pardons after convicbill or until the vacancy is nated by the Governor, the shall such passed by Every perform They eration it again passes filled or the absence or distions, in all cases except shall perform such duties duties as are prescribed by Legislature, before it betreason and impeachments, as may be delegated to him this Constitution and as comes a law, shall be preboth houses by a yea and ability ceases. While perto such regulations of forming the duties of the by the Governor, shall deto subject sented the if nay vote of be law. Governor; may prescribed by as may be provided by law, the members elected to Governor as provided in vote his full time to his (As amended November 7, he approve, he shall sign relative to the manner of each house, it shall become this section, the Lieutenduties, and shall perform 1950, effective January 1, it, and thereupon it shall a law. If anv bill is not ant Governor, the Presisuch other duties as may become a law; but if he do 1951.- ) applying for pardons; but no fine or forfeiture shall returned by the Governor dent of the Senate, or the be provided by law. not approve, he shall reSection 2. (Election be remitted, and no comwithin five days after it Speaker of the House as turn with it his objections Section 15. State auditor. Tie, legislature to elect.l to has been presented to him. the case may be, shall be mutation or pardon grantin house which the it The State Auditor shall be The officers provided for ed, except after a full which house Sunday and the day he re- entitled to the salary and Auditor of originated, Public Acin section one of this artceived it excepted, it shall emoluments of the Govhearing before the Board, shall enter the objections and the State counts, icle elected be the shall by in open session, after prebecome a law without his ernor, except in cases of at large upon its journal shall be the cusqualified electors of the and proceed to reconsider vious notice of the time signature; if legislative temporary disability or ab- Treasurer todian cf public moneys, State at the time and place the bill. If, after such reand place of such hearing sence from the state. adjournment prevents reand each shall perform of voting for members of has turn of the bill, it shall bebeen given. The proit consideration, again The disability of the such other duties as may the Legislature, and the come a law unless the Govceedings and decisions of houses by a both passes law. be provided by ernor within twenty days Governor or person acting persons respectively havthe Board, with the reayea and nay vote of after adjournment files his as Governor shall be deing the highest number of sons therefor in each case, of the members 16. Section Attorney votes cast for the office elected to thereto with termined by a majority of general. objections with the dissent The each together it Attorney house, the Supreme Court on joint General shall be the legal voted for shall be elected; such officers as provided of any member who may become a law, notshall but if two or more shall by law. The Governor may request of the President of advisor of the State officdisagree, shall be reduced withstanding the Governhave an equal and the ors to writing, and filed with disapprove any item or the Senate and the Speaker ers, except as otherwise If bill objections. any of the House of Representitems of appropriation conhighest number of votes be not returned within five all papers used upon the provided by this Constitufor any one of said offices, tained in any bill while atives. Such determination tion, and shall perform hearing, in the office of the have after it shall days conclusuch other duties as may the two houses of the Legapproving other portions of shall be final and been presented to him. Secretary of State. the bill; in such case he sive. The Supreme Court islature, at its next regube provided by law. and on the (Sunday day lar session, shall elect which he received it exshall append to the bill at shall upon joint request of The Governor shall have Section 17. Superintendforthwith by joint ballot the time of signing it, a the President of the Senate power to grant respites or same be the shall cepted,) ent of Public Instructions. one of such persons for a law in like statement of the item or and the Speaker of the manner as if reprieves in all cases of House of Representatives, The Superintendent of said office. items which he disapconvictions for offenses he had it, unless the signed Public Instruction shall proves, together with his upon request of the Govthe adState, against except its final 3. Section Legislature by Qualificaperform such duties as may reasons therefor, and such ernor, or upon its own treason or conviction on resuch and tions of other prevent journment governor be law. determine if and provided by item or items shall not take impeachment; but such resNo executive officers.l turn, in which case it shall effect unless passed over when the disability ceases. or reprieves shall not shall be eligible to be filed with his objections pites 18. CompensaSection person The Supreme Court has exthe Governors objections extend beyond the next tion. The Governor, Lieuoffice cf Governor or in the office of the Secrethe clusive jurisdiction to deas provided in this section. tenant Governor, session of the Board of State Secretary of State unless tary of State within ten termine all questions arisIf the Governor disapand such Board,' Auditor, State Treasurer, he shall have attained to days after such adjournPardons; proves any bill or item of ing under this section. General and such the age of thirty years at ment (Sundays excepted) .at such session., shall conAttorney other State and District ofappropriation after the adtinue or determine such the time of his election, nor or become a law. If any Section 12. Board of parficers as may be provided journment sine die of any dons. to the office of Attorney bill presented to the Govrespite or reprieve, or they Until otherwise prosession of the Legislature, may commute the punishGeneral unless he shall ernor contains several Govern- - for by law, shall receive vided the law, by the presiding officer of for their services monthly, ment, or pardon the ofhave attained the age of items of appropriations of justices of the Supreme each house shall poll the or, a compensation as fixed by fense as herein provided. at the money, he may object to twenty-fiv- e Court and Attorney Genyears members of their respecIn case of conviction for law. time of his election, and one or more such items, a eral shall constitute tive houses on the matter Board of treason, the Governor shall have been admitted to while approving other pora MaPardons, The for compensation of reconvening the Legislahave the power to suspend of whom, including tions of the bill; in such said officers as provided in practice in the Supreme ture. If of the jority execution of the sentence, the Governor, upon such all laws enacted pursuant Court of the Territory or case he shall append to the members of each house arc until he case shall be reof the State of Utah, nor bill at the time of signing conditions, and with such to this Constitution, shall in favor cf reconvening, unless he shall be in good it, a statement of the item limitations and restrictions ported to the Legislature be in full for all services the Legislature shall be as at its next regular session, at the bar at the or items which he declines deem proper, may rendered by said officers, standing they convened in a session not remit fines and when the Legislature shall time of his election. No to approve, together with forfeitures, respectively, in any official to exceed five calendar either pardon, or commute commute punishments, and capacity or employment person shall be eligible to his reasons therefor, and a at and set time days the sentence or direct its of the offices provided consuch item or items shall after any pardons grant their respective during jointly by the presiding victions, in all cases ex- terms of office. No such for in section one of this not take effect unless execution; he shall comofficer of each house, solemunicate to the Legislature unless at treason and impeachtime the over article, the Governors cept officer shall receive for passed the ly for the purpose of reconat each regular session, of his election he shall be objection as in this section to such regments, subject official of performance any the bill or item cf ulations as sidering each case of remission of may be providduty any fee for his own a qualified elector, and provided. aDpropration disapproved. fine or forfeiture, reprieve, ed by law, relative to the use, but all fees fixed by shall have been a resident If upon reconsideration, manner of Section 9. Governor commutation or pardon for law for the performance citizen of the State or Terapplying the bill or item of approfill certain vacancies. granted since the last prepardons; but no fine or foreither of them of any ritory for five years next may When any State or district priation again passes both feiture shall be remitted, by vious report, stating the his election. The preceding colofficial shall be duty, office shall become vacant, houses cf the Legislature and no name of the convict, the State Auditor and State commutation or lected in advance and deand no mode is provided by by a yea and nay vote of pardon for which he was crime shall be Treasurer ineliggranted, except with State the posited of the members Constitution and laws convicted, the sentence and after a full hearing before Treasurer monthly to the ible to election as their the for elected to each house, the the such vacancy, filling its date, the date of remisin open session, credit of the State. The own successors. bill shall become law or afterBoard, the Governor shall have sion, commutation, pardon notice of the Legislature may provide previous 4. the item of appropriation time and Section (Governor the power to fill the same or reprieve, with the reaplace of such for the payment of actual commander-in-chief- . shall take effect. The by granting a commission, sons for grantng the same, hearing has been given. and necessary expenses of Governor shall be shall which at the expire and the objections, if any, Section 9. Vacancies of The proceedings and desaid officers while travelof the next election, and upon of any member of the state or district office. cisions of the Board, with ing in the performance of forces of the State, military qualificaton of the person Board made thereto. IVhen any State or district the reasons therefor in official duty. except when they shall be elected to such office. office shall become vacant, each case, together with Section 19. Grants and called into the service of Section 13. State Prison and no mode is provided by the dissent of any member the United States. He shall Section 10. Governors Commissioners All grants Board of the Constitution and laws who may disagree, shall be commissions. Vacanand commissions shall be have power to call out the appointive power Examiners. otherfor filling such vacancy, Until reduced to writing, and in the name and The Governor shall by the militia to execute the laws, cies.) wise provided by law, the the Governor shall have filed with all papers used of the State of to suppress insurrection, or nominate, and by and with authority the power to fill the same upon the hearing, in the Governor, consent of the Senate, apSecretary of sealed with the to repel invasion. State and Attorney Generoffice of such officer ns Utah, by granting a commission, all State and district point Seal of the State, Great 5. Section Duties of officers whose offices are al shall constitute a Board which shall expire at the provided by law. signed by the Governor, Governor. The Governor of State Prison Commisnext election, and upon Consestablished this by The Governor shall have and countersigned by such shall see that the laws are titution, or which may be sioners, which Board shall qualification of the person as officer be may provided he created faithfully executed; have such supervision of elected to such office. power to grant respites or by law, and whose law. shall transact all executive all matters connected with reprieves in all cases of by or is election appointment Section 10. State and convictions Section 20. The Great business with the officers for offenses the State Prison as may be not otherwise for. provided district officers. The Govthe State, except Seal of the State of Utah. of the government, civil If, provided by law. They recess the of the during ernor shall nominate, and against treason or conviction on There shall be a seal of and military, and may reshall, also, constitute a a occur in Senate, vacancy and with consent of the by the State which shall be quire information in writbut such resBoard of Examiners, with any State or district office, Senate, appoint all State impeachment; or reprieves shall not called The Great Seal of ing from the officers of the the to examine pites all Governor shall and district officers whose appoint power the State of Utah, and Executive Department, and some extend beyond the next claims against the State exto offices are established by session of person qualified offrom the officers and manthe Board of shall be kept by such cept salaries or compensathe duties thereof this Constitution, or which agers of State Institutions discharge Pardons: and such Board, ficer as provided by law. tion of officers fixed by the next until of be created meeting may by law, and at such session, shall conupon any subject relating the Senate, when law, and perform such he shall Section 21. Conflicting whose appointment or electo the condition, managetinue or determine such offices. No nominate some person to other duties as may be prewhile tion is not otherwise proor reprieve, or they holding any person, scribed by law; and no office under ment, and expenses of their fill such office. If the ofvided for. If, during the respitecommute respective offices and instithe punishclaim against the State, exmay the United States governof fice of recess of the Senate, a vacState, tutions, and at any time State Secretary or pardon the ofment, for salaries and comhold office shall cept Treasment, State any Auditor, ancy occur in any State or fense as herein when the Legislative Asprovided. pensation of officers fixed under the State governor urer General district office, the GovernAttorney is in not In case of conviction for sembly session, be vacated ment of Utah. by law, shall be passed upor shall appoint some qualby death, resigmay, if he deem it necesthe Governor shall on by the Legislature withor it nation shall ified person to discharge treason, otherwise, Section 2. Submission have the sary, appoint a committee to suspend out having been considered the duties thereof until execution power to investigate and report to be the duty of the Governof amendment to electors. of the sentence, and acted upon by the said the next meeting of the until the case shall be reThe Secretary of State is him upon the condition of or to fill the same by apBoard of Examiners. and the apto submit Senate, when he shall directed pointment, this proany executive office or ported to the Legislature nominate some person to at pointee shall hold his ofSection 14. Insane Asyits next session, when posed amendment to the State Institution. He shall fice until his successor fill such office. If the ofthe Legislature shall either electors of the State of communicate by message Commissioners. lum Until fice ef Lieutenant Governthe condition of the Stae shall be elected and qualior commute the Utah at the next general otherwise pardon, provided by law, as be law or. State Auditor, State sentence, or fied, in manner election the by may proto the Legislature at every the Governor, State Treasdirect its exTreasurer or Attorney ecution; he shall (As amended vided by law. provided. urer and State Auditor communiregular session, and recomeffecGeneral be vacated by cate to the 1944, November 7, shall constitute a Board of Legislature at Section 3. Effective date. mend such measures as he tive January I, 1945; Nodeath, resignation or otherdeem expedient. each Insane Commismay each If regular electors session, the approved by vember 7. 1950, effective sioners. Asylum wise, it shall be the duty case of remission of Said Board shall fine or of this state, this amendof the Governor to fill the 1, Section 6. 1951.) of January forfeiture, reprieve, comhave such supervision of ment shall take effect on extra sessionsConvening same by appointment, and of legislamutation or pardon grant3, 1977. except as ture.) On extraordinary January Section II. Vacancy in all matters connected with the appointee shall hold ed since the last previous the State Insane Asylum as follows: All candidates for occasions, the Governor office of governor.) In case his office until his successor report, may be provided by law. stating the name of the state offices provided of the death of the Govmay convene the legislashall be elected and quali-f- i the convict, the crime for in this amendment shall ture by proclamation, in ernor. or his impeachment, d as may lx1 by law ( Section 15. Reform which he was convicted, stand for election to these which shall be stated the removal from office, inabild. school commissioners. Unthe sentence and its date, offices under the providuties the to discharge ity for which the Legpurpose S ction of his office, resignation, or til otherwise provided by II. Succession the date of remission, comsions of this amendment to islature is be convened, of c.ffice. In la-- e of the mutation. pardon or reabsence from the State, the during the election year of and it shall transact no legdeath of the Governor, hi- - prieve, with the reasons powers and duties of said Present Pros isions Cont. 1976. islative business except office shall devolve upon Senate in extraordinary session for the transaction of executive business. State of Utah OFFICE 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 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 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 the President pro tempore 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 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. Section 3. 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-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 of- fices 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. be Section 4. Comander-in-chie- f. The Governor shall Comander-in-Chie- of f 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. 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 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 the legislature on extraordinary occasions. On extraordinary occasions, the Governor may convene the Legislature by proclamation, in which shall bo stated the purpose for which the Legislature is to be convened, and it shall transact no legislative busi- ness 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 two-thir- -- . two-thir- two-thir- pro-vid- I |