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Show October The Mt. Pleasant Pyramid Page Four 31, 1974 Utalhs CoimstDlh(ui,Dm Clhomiges IPirovosiomis PVeseinift Comipoiroblle Sim the Secretary of State, until the disability shall cease, or until the next general cumdl Senate extraordinary session for the transaction of executive business. State df Utah OFFICE OF THE SECRETARY OF STATE SALT LAKE CITY September 1, 1971 Dear Fellow Citizens: The Legislature of the State of Utah has entrusted me with the responsibility for publishing the foil ouing Propositions, which relate 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 General Election Ballot on November 5, 1974 together with a copy of the present constitutional provision. Because of the very 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 your friends, neighbors and local civic leaders in order that you may gain all information necessary to render a just and wise decision. - Sincerely. 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. litical Proposed Amendment NO. Section 7. Adjournment of the legislature. 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 cf the next Legislature. Section 8. Procedure for bills passed by the legislature. Every bill passed by the Legislature, before it becomes a law, shall be presented to the Governor; if he approves, he shall sign it, and thereupon it shall become a law; but if he disapproves, he 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 upon reconsideration it again passes both houses by a yea and of nay vote of the members elected to each house, it shall become a law. If anv bill is not returned by the Governor within five days after it has been presented to him, Sunday and the day he received it excepted, it shall become a law without his signature; if legislative adjournment prevents return of the bill, it shall become a law unless the Governor within twenty days after adjournment files his objections thereto with such officers as provided by law. The Governor may disapprove any item or items of appropriation contained in any bill 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 disapproves, together with his reasons therefor, and such item or items shall not take effect unless passed over the Governors objections as provided in this section. If the Governor disapproves any bill or itetn of appropriation after the adjournment sine die of any session of the Legislature, the presiding officer of each house shall poll the members of their respective houses on the matter of reconvening the Legislaof the ture. If members of each house arc in favor cf reconvening, the Legislature shall be convened in a session not to exceed five calendar days and at a time set jointly by the presiding two-thir- CLYDE L. MILLER Secretary of State PROPOSITION in 1 EXECUTIVE ARTICLE REVISION 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 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. SHALL ARTICLE VII OF THE STATE CONSTITUTION BE REVISED TO PROVIDE FOR A LIEUTENANT GOVERNOR ;TO THE SECREDELETE TARY 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 MAKE OTHERCHANGES THE EXECUTIVE IN ARTICLE. (THE PRESENT LAW AND THE PROPOSED REVISIONS ARE ON CARDS IN THE POLLING PLACE AND BOOTH.) Be h resolved by the of the State of Utah, s of all members elected to eaib of the tun houses voting in favor there-ef- : Section 4. Comander-in-chief- . The Governor shall of be Comander-in-Chie- f the military forces of the state, except when they shall be called into the of the service United States. He shall have power to call out the militia to e two-thhd- execute the laws, to suppress insurrection, or to repel invasion. two-thir- officer of each house, solely for the purpose of reconsidering the bill or item cf aopropration disapproved. If upon reconsideration, the bill or item of appropriation again passes both houses cf the Legislature by a yea and nay vote of s of the members elected to each house, the bill shall become law or the item of appropriation shall take effect. two-third- Section Section Section It is proposed to amend Article VII of the Constitution of the State of 1. Utah to read: Section 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 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 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 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 t said office. In the election, the names of the candidates for Governor and Lieutenant Governor for each po- 1 I 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 5. with the officers 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 hot 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 Stale 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. of 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 ? Section state 9. Vacancies of or district office. 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 qualification of the person elected to such office. Section 10, State and district officers. 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 he shall when Senate, nominate some person to fill such office. If the office ef Lieutenant Governor, State Auditor, State or Treasurer 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 shall be elected and qualified as may be by law provided. 11. Succession Section of office. In case of the death of the Governor, his impeachment, removal from office, resignation, absence from the state, or disability to discharge the duties of the office, or in case of a Governor-elec- t who fails to take office, the powers and duties of the Governor shall devolve upon the Lieutenant Governor until the absence or disability ceases or until the next general election, when the vacancy shall be filled by election. If, during a vacancy in the office of Governor, the Lieutenant Governor resigns, dies, is displaced, is absent from the State, or becomes incapable of performing the duties of the office, the President of the Senate shall act as Governor until the vacancy is filled or the for granting the same, and the objections, if any, of any member of the Board made thereto. 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.' Present Provision Section 13. Board of exEXECUTIVE ARTICLE aminers. Until otherwise provided by law, the GovSection 1. Executive deernor, Attorney General Terms, resiand State Auditor shall partmentand duties of officdence, Exof Board a constitute The Executive Deers.! aminers, with power to expartment shall consist of amine all unliquidated of Governor, Secretary claims against the State exState Auditor, State State, cept salaries or compensaTreasurer, and Attorney tion of officers fixed by General, each of whom Section 7. Adjournlaw, and perform such shall hold his office for other duties as may be four years, beginning on ment of legislature by governor. In case of a disprescribed by law; and no the first Monday of Januunliauidated claim against ary next after his election, agreement between the two houses of the Legislature the State, except for salexcept that the terms of session, with aries and compensation of office of those elected at at any special respect to the time of adofficers fixed by law, shall the first election shall bejournment, the Governor be passed upon by the Leggin when the State shall shall have power to adislature without having be admitted into the Union, the Legislature to acted and considered been and shall end on the first journ absence or such time as he may think of said Board the ucon by ceases. If in this case the Monday in January, A.D. proper: Provided, it be not Examiners. 1901. The officers of the beyond the time fixed for President of the Senate reExecutive 14 signs, dies, is displaced, is Lieutenant Section Depart ment, the convening of the next absent from the State, or governor Duties. The during their terms of ofLegislature. becomes incapable of perLieutenant Governor shall fice, shall reside at the seat the of of government, where they serve on all boards and comBills preSection 8. forming the duties shall keep the public rec- - sented to governor Veto office, the Speaker of the missions in lieu of the Governor whenever so desigHouse shall act as Governbills.! ords, books and papers. Appropriation or until the vacancy is nated by the Governor, They shall perform such Every bill passed by the shall perform such duties duties as are prescribed by Legislature, before it befilled or the absence or disas may be delegated, to him this Constitution and as comes a law, shall be preWhile ceases. perability forming the duties of the by the Governor, shall demay be prescribed by law. sented to the Governor; if Governor as provided in vote his full time to his (As amended November 7, he approve, he shall sign this section, the Lieutenduties, and shall perform 1950, effective January 1, it, and thereupon it shall become a law; but if he do such other duties as may 1951.- ) ant Governor, the Presinot approve, he shall redent of the Senate, or the be provided by law. Section 2. Election turn it with his Speaker of the House as Section 15. State auditor. Tie, legislature to elect.! to the house in objections which it the case may be, shall be The be shall Auditor for State officers The provided which house entitled to the salary and Auditor of Public Acoriginated, artin section one of this shall enter the objections emoluments of the Govcounts, and the State icle shall be elected by the at ernor, except in cases of Treasurer shall be the cuslarge upon its journal of the electors qualified and proceed to reconsider temporary disability or abtodian cf public moneys, State at the time and place the bill. sence from the state. If, after such reand each shall perform of voting for members of it consideration, the Legislature, and the passes both houses againa The disability of the such other duties as may by havbe law. Governor or person acting provided by persons respectively s and nay vote of of yea number the as Governor shall be dehighest ing of the members 16. Section Attorney votes cast for the office termined by a majority of elected to each house, it The Attorney the Supreme Court on joint general. General shall be the legal voted for shall be elected; shall become a law, notbut if two or more shall request of the President of advisor of the State officthe Governthe Senate and the Speaker ers, except as otherwise have an equal and the withstanding ors objections. If any bill votes of of the House of Representhighest number be not returned within five provided by this Constituatives. Such determination and shall perform for any one of said offices, days after it shall have tion, shall be final and conclu- - such other duties as may the two houses of the Legbeen presented to him. sive. The Supreme Court be provided by law. islature, at its next regu(Sunday and the day on lar session, shall elect which shall upon joint request of he received it exSection 17. Superintendforthwith by joint ballot cepted,) the same shall be the President of the Senate and the Speaker of the ent of Public Instructions. one of such persons for a law in like manner as if of said office. The House of Representatives, Superintendent he had signed it, unless the Public Instruction shall upon request of the Gov3. Legislature by its final adSection Qualificaperform such duties as may tions of ernor, or upon its own other and prevent such rejournment governor law.be by and determine if provided No turn, in which case it shall officers. executive when the disability ceases. Section 18. Compensaperson shall be eligible to be filed with his objections The Supreme Court has ex- tion. The Governor, Lieuthe office cf Governor or in the office of the Secrclusive jurisdiction to detenant State Secretary of State unless etary of State within ten Governor, termine all questions arisAuditor, State Treasurer, he shall have attained to days after such adjourning under this section. Attorney General and such the age of thirty years at ment (Sundays excepted) other State and District ofthe time of his election, nor or become a law. If any Section 12. Board of paras may be provided to the office of Attorney ficers bill presented to the Govdons. Until otherwise profor by law, shall receive General mless he shall ernor contains several vided by law, the Governtheir services monthly, have attained the age of items of appropriations of or, justices of the Supreme for a compensation as fixed by twenty-fiv- e years at the money, he may object to Court and Attorney Gen' time of his election, and one or more such items, eral shall constitute a law. Board of Pardons, a MaThe compensation for have been admitted to while approving other portions of the bill; in such jority of whom, including said officers as provided in practice in the Supreme Court of the Territory or case he shall append to the the Governor, upon such all laws enacted pursuant conditions, and with such to this Constitution, shall of the State of Utah, nor bill at the time of signing limitations and restrictions be in full for all services unless he shall be in good it, a statement of the item as they deem proper, may rendered by said officers, standing at the bar at the or items which he declines remit fines and forfeitures, respectively, in any official time of his election. No to approve, together with commute punishments, and capacity or employment person shall be eligible to his reasons therefor, and any of the offices provided such item or items shall their grant pardons after conrespective during victions, in all cases exterms of office. No such for in section one of this not take effect unless officer shall receive for the article, unless at the time passed over the Governors cept treason and impeachof his election he shall be objection as in this section ments, subject to such regperformance of any official a qualified elector, and provided. ulations as may be providown fee for his duty any ed by law, relative to the use, but all fees fixed by shall have been a resident Section 9. Governor manner of applying for law for the performance citizen of the State or Terfill certain vacancies.! may next for five years ritory of of them pardons; but no fine or foreither any When any State or district by preceding his election. The office shall feiture shall be remitted, official duty, shall be colbecome vacant, and State State Auditor deor no commutation and lected in advance and and no mode is provided by shall be Treasurer ineligexcept pardon granted, the Constitution and laws posited with the State after a full hearing before Treasurer monthly to the ible to election as their for filling such vacancy, the Board, in open session, credit of the State. The own successors. the Governor shall have after previous notice of the Legislature may provide the power to fill the same 4. Governor Section time and place of such for the payment of actual commander-in-chief- . The by granting a commission, hearing has been given. and necessary expenses of Governor shall be which shall expire at the The proceedings and desaid officers while travelof the next election, and upon cisions of the Board, with ing in the performance of military forces of the State, qualificaton of the person the reasons therefor in official duty. except when they shall be elected to such office. each case, together with called into the service of 19. Grants and Section the dissent of any member commissions. All grants the United States. He shall Section 10. Governors who may disagree, shall be and commissions shall be have power to call out the appointive power Vacanreduced to writing, and in the name and by the militia to execute the laws, cies.! The Governor shall filed with all papers used authority of the State of to suppress insurrection, or nominate, and by and with consent of the Senate, apupon the hearing, in the Utah, sealed with the to repel invasion. all State and district office of such officer as Great Seal of the State, 5. Section Duties of point officers whose offices are provided by law. the Governor, Governor. The Governor signed by and countersigned by such shall see that the laws are established by this ConsThe Governor shall have or which may be officer as may be provided faithfully he titution, executed; created by law, and whose power to grant respites or by law. shall transact all executive reprieves in all cases of appointment or election is Section 20. The Great business with the officers not otherwise provided for. convictions for offenses of civil the of the State of Utah. government, If, during the recess of the against the State, except Seal treason or conviction on There shall be a seal of and military, and may reSenate, a vacancy occur in the State which shall be quire information in writany State or district office, impeachment; but such resof from officers of the the The Seal Great called ing the Governor shall appoint pites or reprieves shall not the State of Utah, and Executive Department, and some qualified person extend beyond the next to from the officers and mansession of the Board of shall be kept by such ofdischarge the duties thereof of Institutions as law. State ficer agers provided by until the next Pardons; and such Board, of upon any subject relating the Senate,' whenmeeting at such session, shall conhe shall Section 21. Conflicting to the condition, managetinue or determine such offices. No person, while nominate some to and expenses of their fill such office. person If the ofrespite or reprieve, or they holding any office under ment, instioffices and respective fice of Secretary of State, the United States governmay commute the punishand at any time State ment, or pardon the ofment, shall hold any office tutions, Auditor, State Treaswhen the Legislative Asfense as herein provided. urer or Attorney General under the State governis in not session, sembly In case of conviction for ment of Utah. be vacated by death, resigmay, if he deem it necestreason, the Governor shall nation or otherwise, it shall Section 2. Submission sary, appoint a committee be the duty have the power to suspend of the Governto to to of amendment electors. and report investigate execution of the sentence, or to fill the same by apis of State The Secretary him upon the condition of until the case shall be reand the apdirected to submit this proexecutive office or pointment, ported to the Legislature posed amendment to the any pointee shall hold his ofHe State shall Institution. at its next session, when of the State of communicate by message fice until his successor the Legislature shall either electors at the next general the condition of the State shall be elected and qualiUtah pardon, or commute the election in the manner proto the Legislature at every fied, as may be by law sentence, or direct its ex(As amended provided. law. vided by regular session, and recomecution; he shall communiNovember 7, 1944, effecsuch measures as he cate to the Legislature at Section 3. Effective date. menddeem tive January 1, 1945; Nomay expedient. each regular session, each If approved by the electors vember 7, 1950, effective case of remission of fine or of this state, this amendSection 6. Convening of January 1, 1951.) ment shall take effect on extra sessions of legislaforfeiture, reprieve, commutation or pardon grantSection 11. Vacancy in On extraordinary January 3, 1977, except as ture. ed since the last previous follows: All candidates for occasions, the Governor office of governor. In case of the death of the Govreport, stating the name of the state offices provided may convene the Legislathe convict, the crime for in this amendment shall ture by proclamation, in ernor, or his impeachment, which he was convicted, stand for election to these which shall be stated the removal from office, inability to discharge the duties the sentence and its date, offices under the provipurpose for which the Leghis office, resignation, or the date of remission, comis of to this amendment islature sions be convened, of absence from the State, the mutation, pardon or reduring the election year of and it shall transact no legpowers and duties of said 1976. islative business except office prieve, with the reasons shall devolve upon disability two-third- 1 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 Governor. Board of Section 12. 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 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, 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 of Examiners. Section 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 Pro) isions Cvut. |