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Show Page 5 GEMS (SBubliCSMSSc 111 NOTICE PLEASE: The SunGunnison . Saline Valley News, Manti MessengerEphraim Enterprise, does not endorse, promote or encourage the purchase or sale of any product or service advertised in these newspapers. Advertisements are the sole responsibility of the advertiser. The Saiina SunGunnison Valley News, Manti MessengerEphraim Enterprise, hereby disclaims all liability for any damage suffered as the result of any advertisement in this newspaper. The Saiina SunGunnison Valley News, Manti MessengerEphraim Enterprise, is not responsible for any claims or representations made in advertisements in this newspaper.' The Saiina SunGunnison Valley News, Manti MessengerEphraim Enterprise, has the sole authority to edit and locate any classified advertisement as deemed appropriate. and Meridian; thence South 32.95 chains to the North bank of said Highland canal following the meander line of the west bank of said canal Southerly and westerly to a point 56.24 chains south from the Northwest Corner of Section 2; thence North 9.65 chains; thence East 20 chains tot he point of beginning. PARCEL 2: the North half of the Southeast quarter of section 3, Township 20 South, range 1 East, salt Lake base and Meridian. PARCEL 3: the Southwest quarter of the Northeast Quarter of section 3, Township 20 South, Range 1 East, Salt Lake Base and Meridian. NOTICE OF TRUSTEES SALE The following described property be sold at a public auction to the highest bidder, payable in lawful money of the United States at the time of the sale, on the west steps of the Sanpete County Courthouse, located at 1 60 North main, Manti, Sanpete County, State of Utah, on the 1 9th day of September, 1994, at the hour of 4:00 p.m. of said day, for the purpose of foreclosing a Trust Deed executed by C. HOWARD PETERSON, as Trustor, in favor of GUNNISON VAL-LEBANK, as Beneficiary, covering will : !,; j ' !; ! Y real property located in Sanpete County, State of Utah, and more par-- !; ticularfy described as follows: PARCEL 1: beginning 10.35 !,, ij; chains south from the Northeast Cor-nof Lot 4, section 2 , township 20 South, range 1 east. Salt Lake Base er In accordance with Section PARCEL 4: The Southwest quarter of the Northeast quarter of section 3, township 20 South, Range 1 East, Salt Lake Base and Meridian. PARCEL 5: Lot 2 (known as Northwest Quarter of the Northeast Quarter) of Section 3, Township 20 south, Range 1 east, Salt Lake Base and Meridian. PARCEL 6: Lot 1, Section 3, township 20 south, Range 1 East, Salt Lake Base and Meridian. PARCEL 7: Beginning at the Southeast comer of the Southwest Quarter of Section 34, Township 19 south, Range 1 East, Salt Lake Base and Meridian; thence West 20 chains, thence North 10 chains; thence East 6 chains more or less to the County Road; thence southeasterly along the County road to the point of beginning. PARCEL 8: BEGINNING at the North east corner of the Northwest Quarter of Section 3, Township 20 South, Range 1 East, Salt Lake Base and Meridian; thence South 46.50 chains; thence West 20 chains; thence North 46.50 chains; thence East 20 chains to the point of Utah Code Unannotated Together with a perpetual easement and for the construction, maintenance, and operation fo a pond and pipeline and appurtenant works as conveyed to CHARLES H. PETERSON AND HELEN F. PETERSON by J. NEIL NIELSON AND COLLEEN C. NIELSON in instrument dated November 23, 1976 and recorded November 23, 1976 as Entry No. 234227 in Book 187 page 787 of Official records. right-of-w- Together with an easement in, over and upon property owned by y in ingress grantor for a and egress over an established roadway running easterly three fourths a mile and Northerly one-ha- lf mile from the East side of the County road in Section 22, Township 17 South, Range 2 East to the grantee's property in said Section as conveyed to CHARLES H. PETERSON AND HELEN F. PETERSON by MERRILY H. MAYLETT and VERLA P. right-of-wa- MAYLETT, in instrument dated October 27, 1965 and recorded No- vember 22, 1965 as Entry COMPLETE TEXT OF PROPOSITION NO. 1 SJR-- S THE FUNCTION AND PROCEDURES OF PRELIMINARY EXAMINATIONS; AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION PROPOSES TO CHANGE THE UTAH CONSTITUTION AS FOLLOWS: AMENDS: ARTICLE L SEC. 12 ENACTS: ARTICLE I. SEC. 28 Be it resolved bv Hie Legislature of the state of Utah, two-thir- d of all members elected to each of the two house voting in favor - Section 1. It ia proposed to amend Article L Sec.' 12, Utah Constitution, to read: Sec. 12. (Right of accused persons. In criminal prosecutions the accused shall have the right to appear and defend in person and by counsel, to demand the nature and cause of the accusation against him, to have a copy thereof, to testify in his own behalf, to be confronted by the witnesses against him, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed, and the right to appeal in all cases. In no instance shall any accused person, before final judgment, be compelled to advance money or fees to secure the rights herein guaranteed. The accused shall not be compelled to give evidence against himself,; a wife shall not be compelled to testify against her husband, nor a husband against his wife, nor shall any person be twice put in jeopardy for the same offense. Where the defendant is otherwise entitled to a preliminary examination, the function of that examination ia limited to determining whether probable cause exists unless otherwise provided bv statute. Nothing in this constitution shall preclude the use of reliable hearsay evidence as defined bv statute or rule in whole or in part at any preliminary examinatron to determine probable cause or at anv pretrial proceeding with respect to release of the defendant if appropriate discovery is allowed as defined bv statute or rule. Section 2. It is proposed to enact Article 1, Sec. 28, Utah Constitution, to read: .1 Declaration of the rights of crime victims. lb preserve and protect victims rights to justice and due process, victims of crimes have these rights, as defined bv law: (a) 1b be treated with fairness, respect, and dignity, and to be free from harassment and abuse throughout the criminal justice process: tbl Upon reouest. to be informed of. be present at. and to be heard at important criminal justice hearings related to the victim, either in Sec. 28. (11 person or through a lawful representative, once a criminal information or indictment charging a crime has been publicly filled in court: and (c) lb have a sentencing judge, for the purpose of imposing an appropriate sentence, receive and consider, without evidentiary limitation, reliable information concerning the background, character. and conduct of a person convicted of an offense except that this subsection does not apply to capital cases or situations involving priYilcgca. 121 Nothing in this section shall be construed as creating a cause of action for money damages, costs, or attorneys fees, or for missing anv criminal charge, or relief from anv criminal judgment. (3) The provisions of this section shall extend to all felony crimes and such other crimes or ads, including juvenile offenses, as the legislature may provide. (4) The Legislature shall have the power to enforce and define this section bv statute. Section 3. Submittal to Elector. The lieutenant governor is directed to submit this proposed amendment to the electors of the state of Utah at the next general election in the manner provided bv law. Section 4. Effective Date. If approved bv the electors of the state, the amendment proposed bv this joint resolution shall take effect on January L 1995. I 5 i i , ' I COMPLETE TEXT OF PROPOSITION NO. 2 HJR-1- 5 A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND THE UTAH CONSTITUTION; RELATING TO PUBLIC SCHOOL FUNDS; PROVIDING THAT ALL REVENUES DERIVED FROM THE USE OF SCHOOL TRUST LANDS J SHALL GO TO THE STATE SCHOOL FUND; PROVIDING THAT THE LEGISLATURE MAY MAKE APPROPRIATIONS FROM SCHOOL TRUST LAND REVENUES TO PROVIDE FOR PROPER ADMINISTRATION AND MANAGEMENT OF LANDS; PROVIDING THAT UNEXPENDED THOSE BALANCES FROM THE APPROPRIATION SHALL BE DEPOSITED IN THE STATE SCHOOL FUND; PROVIDING THAT INTEREST FROM THE STATE SCHOOL FUND SHALL BE DEPOSITED IN THE UNIFORM SCHOOL FUND AFTER DEDUCTING AND RETAINING IN THE STATE SCHOOL FUND AN AMOUNT NECESSARY TO PROTECT THE FUND AGAINST LOSSES DUE TO INFLATION; ABOLISHING NONRENEWABLE FROM DERIVED REVENUES RESOURCES ON SCHOOL OR STATE LANDS AS A REVENUE SOURCE FOR THE UNIFORM SCHOOL FUND; ABOLISHING THE PROVISION REQUIRING EXCESS REVENUES TO PASS FROM THE UNIFORM SCHOOL FUND TO THE GENERAL FUND IF THE INTEREST GENERATED BY THE STATE SCHOOL FUND EXCEEDS THE AMOUNT REQUIRED TO FUND THE UNIFORM SCHOOL FUND; AND PROVIDING AN I j I. 3 i v I I V V V v a v EFFECTIVE DATE. THIS RESOLUTION PROPOSES CONSTITUTION AS FOLLOWS: v n H h ( V I TO CHANGE THE UTAH in 19th day of August, 1994. Is Curtis M. Jensen, Trustee Published in the Gunnison Valley News on Thursday, August 25, September 1, and September 8, 1994. Town is an Equal Opportunity Em- ployer. Published in the Saiina Sun on Thursday, September 1 & 8, 1994. the above Estate are required to present them to the undersigned or the Clerk of the Court and send a copy to D. Michael Jorgensen, 37 North 100 East, Saiina, Utah 84654, on or before the 9th day of Decewmber, 1994, or said claims shall be forever barred. Dated this 2nd day of September, -- USE) (A68098): Darrell S. QUANTITY: 0.1 cfs. SOURCE; 6 in. well POD: (1) S 400 E 1 00 from Wl4 Com, Sec 36, T 1 8S, R2E. (2 miles East of Sterling) USE: Domestic: 1 family. POU: NW 14 SW 14 Sec. 26, T18S, R2E. 1st Robert L Morgan, P.E. State Engineer Published in the Manti Messenger on Thursday, September 1, 8 & 15, 1994. 2 Olseth be applied under the CDBG Small Cities Program for FY 1995-9Suggestions for potential projects will be solicited, both verbally and in writing, from all interested parties. The expected amount of CDBG funds available for this FY will also be discussed along with the range of projects eligible under this program and review of previously funded projects. The hearing will begin at 8:30 p.m. on September 12, 1994, and will be held at the Centeriield Town Hall, 130 South Main, Centeriield, UT 84622. Further Information can be obtained 8. The Trustee shall sell the above property at the time of sale without warranty, express or implied. The purchaser at the sale takes title subject to all matters of record, including but not limited to liens, encumbrances, real property taxes, easement, restrictions, and reservations of record. Anyone having questions or desiring information regarding the NOTICE TO WATER USERS 6. in Rights. 65-262- (CDBG) Published formal proceedings as per Rule R655-6-- 2 of the Division of Water Use THE TOWN OF CENTERFIELD will hold a public hearing to consider potential projects for which funding may the Gunnison Valley News on Thursday, NOTICE TO CREDITORS Estate of Richard Norman Bukey, No. Probate Deceased, 9436000026ES. All persons having claim against (LEGEND: Point(s) of Diversion POD; Place of Use POU; Nature of COMMUNITY DEVELOPMENT BLOCK GRANT PUBLIC HEARING by contacting DebbieCenterfield Town Hall, 130 South Main528-329IsJ Debra L HansenClerk Town of Centeriield September 1st and 8th, 1994. The State Engineer received the followingApplication(s) to Appropriate Water in Sanpete County (Locations in SLB&M) Persons objecting to an applicamust file a Protest stating the reasons for the protest. To have a hearing before the State Engineer, tion 1994. Signed d. Michael Jorgonsen Attorney for Personal Representative of Estate Published in the Saiina Sun on September 9, 15 & 22, 1994. PUBLIC NOTICE The Town of Redmond is accepting bids for a maintenance supervisor for the Community Center and the park rest rooms. The work will include cleaning and upkeep fo the inside of the building, making user the building is ready for use when needed, opening and locking up, clean up after each use; and the upkeep of the rest rooms throughout the summer season. It is estimated that the general cleaning will take approximately 2 to 3 hours each week, plus time spent after the building has been used, which will depend on how often it is used. Cleaning supplies will be available and do not need to be considered in the bid. Bids will be accepted at the city office until noon on Wednesday, September 1 4, 1 994. You must be a resident of Redmond to bid. The Redmond Town Board reserves the right to accept or reject any bid. Redmond NOTICE TO BID Ephraim City will be accepting sealed bids for residential garbage collection at the Ephraim City Office, 5 South Main, Ephraim, Utah, until 2:00 p.m. on Monday, September 26, 1994 at which time all bids will be opened. Ephraim City owns all garbage containers used by local residents and bidders should be advised that the contract would provide for city owned receptacles only to be picked up. Published in the Ephraim Enterprise in September 8, 15 & 22, 1 994. Call Classified 529-783- 9 Continued on page 7 1992, 1, Olene S. Walker, Lieutenant Governor of the State of Utah, am causing the text of the following Proposition and Initiative which will appear on the ballot at November 8, 1994, to be printed in at least one newspaper in every county of the state where a newspaper is published. AMENDS: ARTICLE X, SEC. 5 Be it resolved bv the Legislature of the state of Utah, of all members elected to each of the two bouses voting in favor thereof: Section I. It is proposed to amend Article X, Sec. 5, Utah Constitution, to read: Sect 5. State School Fund and Uniform School Fund -- Establishment and use. (1) There is established a permanent State School Fund which shall consist of revenue from the following sources: (a) proceeds from the sales of all lands granted by the United States to this state for the support of the public elementary and secondary schools; (b) 5 of the net proceeds from the sales of United States public . lands lying within this state; , (c) all revenues derived from nonrenewable resources on lsehssl r state lands, other than then sovereign lands and lands granted for other specific purposes; awd (d) all revenues derived from the use of school trust lands: and teJ other revenues ae) appropriated by the Legislature. 21 The State School Fund principal shall be safely invested and held by the state in perpetuity. ttel Only the interest received from investment of the State School Fund swly shall may be expended for the support of the public elementary and secondary schools. fte Legislature by statute may provide fsr weeeasary administrative ssaSail The Legislature may make appropriations from school trust land revenues to provide funding necessary for the proper administration and management of those lands consistent with the states fiduciary responsibilities towards the beneficiaries of the school land trust Unexpended balances remaining from the appropriation at the end of each fiscal year shall be deposited in the State School Fund A portion of the interest earnings of the State School Fund, in an amount equal to the total balance in the State School Fund at the close of each calendar year multiplied bv the annual rate of inflation for the preceding year, as determined bv the state treasurer, shall be retained in the State School Fund and added to the principal. The State School Fund shall be guaranteed by the state against loss or diversion. (tftij ID There is established s Uniform School Fund which shall consist of revenue from the following sources: (a) interest from the State School Fund remaining after deduction of the amount retained in the State School Fund to protect the fund against losses due to inflation: (b) leaeept as) revenues appropriated by the Legislature foe the State Seheel Fund) revenue derived frsm renewable resaawee in seheel state lawdsi ether then these granted fee apeerfie purpefeel; .... and (cl other revenues whieh the Legieletuee may appropriate) received bv the fund under anv other provision of law or bv donation. If the interest generated by the State Seheel Fund eaeeeia aha antennt required ta hind the Unifawn Seheel Fundi a appropriated annually by the Legislature! the mease shall pass thesugh te the General Fuad. I 14 The Uniform School Fund shall be maintained and used for the support of the state's public elementary and secondary schools and apportioned as the Legislature shall provide. Section 2. Submittal to Elector. The lieutenant governor is directed to submit this proposed amendment to the electors of the state of Utah at the next general election in the manner provided byJaa. Section 3. Effective Date. If approved bv Hie electors of the state, the amendment proposed bv this joint resolution shall take effect on January L 1995. COMPLETE TEXT OF PROPOSITION NO. 3 HJR-1- 7 A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND THE UTAH CONSTITUTION; CREATING THE EDUCATION PROVISION WITH REGARD TO THE STUDY OF RELIGION; AND PROVIDING AN EFFECTIVE DATE. THIS RESOLUTION PROPOSES TO CHANGE THE UTAH CONSTITUTION AS FOLLOWS: ENACTS: ARTICLE X, SEC. 14 s of all Be it resolved bv the Legislature of the state if Utah, members elected to each of the two houses voting in favor there: at Section 1. It is proposed to enact Article X, Sec. 14, Utah Constitution, to read: Sect persons must request a hearing in the Protest. Protest must be filed in duplicate with the State Engineer, 1636 West North Temple, Salt Lake city, on or Utah 84116, before OCTOBER 1, 1994. (PROTESTS MUST BE LEGIBLE WITH A RETURN ADDRESS). These are in0) Dated this Together with all buildings, fixtures and improvements thereon and all water rights, rights of way, easements, rents, issues, profits, income, tenements, hereditament, privileges and appurtenances thereunto belonging, now or hereafter used or enjoyed with said property, or any part thereof; the General Election to be held Tuesday, A JOINT RESOLUTION OF THE LEGISLATURE PROPOSING TO AMEND THE UTAH CONSTITUTION; DECLARING THE RIGHTS OF CRIME VICTIMS IN THE UTAH CONSTITUTION; AMENDING THE RIGHTS OF ACCUSED PERSONS TO LIMIT No. Book 128 at page 310 of Official records. 205249 property to be sold should contact Curtis M. Jensen at the Law Office of Snow & Jensen, P.O. Box 2747, St. George, UT 14. Nonsectarian study of religion. The study of the influence of religion, the comparative study nf religions, or the theistic. agnostic, and atheistic assumption relevant to the educational curriculum, including cultural heritage, political theory, moral theory, scientific thought, or societal values, does not constitute either religious instruction or a sectarian practice forbidden bv the Utah Constitution. Section 2. Submittal to Elector. The lieutenant governor ia directed to submit this proposed amendment to the electors of the state of Utah at the next general Effective Date. If approved bv the electors of the state, the amendment proposed bv this joint resolution shall take effect on January 1. 1995. SfifitinnJL INITIATIVE A ACT TO LIMIT TERMS OF PUBLIC OFFICE HOLDERS AND REQUIRE ELECTION BY MAJORITY VOTE An act limiting the terms of county and state public office holders and the Members of the U.S. House of Representatives to eight year and Members of the U.S. Senate to twelve years, and requiring election by majority vote. Be it enacted bv the people of the state of Utah: Section 1: Section is added to the Utah Code Annotated 1953, to read: Additional conditions precedent to filing of declaration of candidacy for county offices. (1) In order to broaden the opportunities for public service and to guard against excessive concentrations of power, the county clerk, before accepting a declaration of candidacy for any county office, other than a judicial office, shall ensure that the person filing that declaration of candidacy has not held the office for which he has filed for more than seven years as of the date of filing, unless the person holds that office as of April 15,1993. (2) The people of Utah declare that the provisions of Section 1 of this act shall be deemed severable form the remainder of this act Section 2: Section Additional conditions precedent to filing of declaration of candidacy for state office. (1) In order to broaden the opportunities for public service, to guard against excessive concentrations of power, and to assure that the legislature is representative of the Utah citizens, the Lieutenant Governor or County Clerk, before accepting a declaration of candidacy for any state office, other than a judicial office, shall ensure that the person filing that declaration of candidacy has not held the office for which be has filed for more than seven year sa of the date of the filing, unless the person holds that office as of April 15, 1993. (2) The people of Utah declare that the provision of Section 2 of this act shall be deemed severable form the remainder of this act Section 3: Section Additional conditions precedent to filing of declaration of candidacy for federal offices. ( 1 ) In order to broaden the opportunities for public service and to assure that members of the United States Congress from Utah are representative and responsive to Utah citizens, the Lieutenant Governor, before accepting a declaration of candidacy for United State Senate shall ensure that the person filing the declaration of candidacy has not held the office for which he has filed for more than eleven year as of the date of filing, and before accepting a declaration of candidacy for U.S. Representative, shall ensure that the person filing the declaration of candidacy has not held the office for which he has filed for more than seven years as of the date of the filing unless the person holds that office as of April 15, 1993. (2) The people of Utah hereby state their support for a nationwide limit of twelve year of service in the US.Senate and eight year of service in the U.S. House of Representatives. (3) The people of Utah declare that the provisions of Section 3 of the Act shall be deemed severable from the remainder of this Act and that their intention is that federal officials elected from Utah will continue voluntarily to observe the wishes of the people, as stated in this section, in the event any provision thereof is held invalid. Section 4: (1) In order to prevent government in Utah by minority vote, is added to the Utah Code Annotated 1953 to read: Section Runoff Elections-Whe- Necessary-Whe- n n HELD In order to prevent government in Utah by minority vote, a runoff election to the general election shall be held throughout the State or any subdivision thereof for any office in which no person has received a majority of the vote given for the office at the general election. When required, this statute by a runoff election will be held on the first Tuesday after the fourth Monday in November following the general election. (2) In order to prevent government in Utah by minority vote, Section 20-8-Utah Code Annotated 1953 is amended to read: Highest number of vote elects except for any office In which no person receive a majority vote. The board must declare elected the persons having the highest number of votes given for each office to be filled by the votes of a single county or subdivision thereof, except lor any office in which no person has received a majority of the vote given for the office. If no person has received a majority of the votes given for the office, then the two persons having the highest number of votes given for that office will advance to the runoff election to be held on the first Tuesday after the fourth Monday of November. At the meeting on Monday next, after the runoff election, the board must declare elected the persons having the highest number of votes given for each office to be filled by the votes of a single county or subdivision thereof. (3) In order to prevent government in Utah by minority vote, 0 Section Utah Code Annotated 1953 is amended to read: Board of state canvassers-Tim- e of meeting-Dutie- . On the third Monday of November after the day of election, at 12 noon, or in case of a special election, at 12 noon on the day following the receipt by the secretary of state of the last of the returns of such special election, the state auditor , the state treasurer, and the attorney general, who shall constitute a board of state canvassers, must meet in the office of the secretary of state and compute and determine the vote for officers and on any measure voted upon by the electors of the state at targe or of two or more counties; and the secretary of state, who shall be secretary of said board, must make and file in his office a statement thereof, and must immediately make and deliver to the person having the highest number of votes given for each office to be filled by such electors a certificate of election signed by the secretary of state and authenticated by his seal, except for any office in which no person has received a majority of the votes given for the office. If no person has received a majority of the votes given for the office, then the two persons having the highest number of votes given for the office will advance to the runoff election to be held on the first Tuesday after the fourth Monday of November. At 12 noon on the second Monday after the runoff election, the board must meet in the office of the secretary of state and compute and determine the vote for officers by the elector of the state at large or of two or more counties; and the secretary of state, who shall be secretary of said board , must make and file in his office a statement thereof, and must immediately make and deliver to the person having the highest number of votes given for each office to be filled by such electors a certificate of election signed by the secretary of state and authenticated by his seal. In any case in which a secretary of state shall be elected to succeed himself, the certificate of election shall be issued by the board of state canvasser. (4) Section 1 Utah Code Annotated 1981 is amended as follows: Preparation of official Wlots Except as otherwise provided by law, the county clerk of each county shall provide printed ballots for every election of public officers in which the voters, or any of the voters, within the county participate; and shall cause to be printed on the ballot the name of every candidate whose nomination has been certified to or filed with the county clerk in the manner provided for in chapter 1,3.4 and 8 of Title 20. The recorder of any city or clerk of any town, except as otherwise provided by law, shall provide printed ballots for every nomination has been certified to or filed with such city recorder or town clerk in the manner provided by law. The official ballots shall be printed and in the possession of the county clerk, city recorder or town clerk before election, and shall be subject to inspection by the candidates and their agents. 1 Utah Code Annotated 1983 is amended as (5) Section follows: sent to clerk of board of Delayed county canvasser. retums-Meneng- If the returns from all counties have not been received on the Thursday before the day designated for the meeting of the board of state canvasser, the lieutenant governor must forthwith send a messenger to the clerk of the board of county canvassers of the delinquent county, and this clerk must furnish the messenger with a certified copy of the statement mentioned in Section Hie messenger shall receive as compensation a per diem as provided by law. (61 The people of Utah declare that the provisions of Section 4 of this act shall be deemed severable from the remainder of this act. Section S: (1) In order to prevent government in Utah by minority vote Section is added to the Utah Code Annotated 1953 to read: 1994 Runoff Election for Two Persons for Each Office Having the Highest Number of Held Votes-Whe- n Necessary-Whe- n In order to prevent government in Utah by minority vote, a runoff election to the 1994 general election shall be held throughout the State or any subdivision thereof for any office in which the 6 Utah Code Annotated person elected (according to Section 0 1953 and Section Utah Code Annotated 1953 in effect at the time of the 1994 general election) did not receive a majority of the votes given for the office at the 1994 general election. When required by this statute, the two persons for each office having the highest number of votes at the 1994 general election (according to Section 20-8-0 Utah Code Annotated 1953 and Section Utah Code Annotated 1953 in effect at the time of the 1994 general election) will advance to the runoff election to be held on the first Tuesday after the first Monday of December 1994. At the meeting on Monday next after the 1994 runoff election, the board of county canvassers must declare elected the persons having the highest number of votes given for each office to be filled by the votes of a single county or subdivision thereof. At 12 noon on the second Monday after the 1994 runoff election and after the board of county canvassers have made their declarations, according to the provisions of this statute, the state auditor, the state treasurer and the attorney general, who shall constitute a board of state canvassers, must meet in the office of the secretary of state and compute and determine the vote for officers by the electors of the state at large or of two or more counties; and the secretary of state, who shall be secretary of said board, must make and file in his office a statement thereof, and must immediately make and deliver to the person having the highest number of votes given for each office to be filled by such electors a certificate of election signed by the secretary of state and authenticated by his seal. In any case in which a secretary of state shall be elected to succeed himself, the certificate of election shall be issued by the board of state canvassers. 1 Utah Code Annotated 1981 is amended as (2) Section follows: Preparation of official ballots Except as otherwise provided by law, the county clerk of each county shall provide printed ballots for every election of public officers in which the voters, or any of the voters, within the county participate; and shall cause to be printed on the ballot the name of every candidate whose nomination has been certified to or filed with the county clerk in the manner provided for in chapter 1, 3, 4 and 8 of Title 20. The recorder of any city or clerk of any town, except as otherwise provided by law, shall provide printed ballots for every election of public officers in which the voters, or any of the voters, of his city or town, participate; and shall cause to be printed on the ballot the name of every candidate whose nomination has been certified to or filed with such city recorder or town clerk in the manner provided by law. The official ballots shall be printed and in the possession of the county clerk, city recorder or town clerk before election, and shall be subject to inspection by the candidates and their agents. 1 Utah Code Annotated 1983 is amended as (3) Section follows: Delayed county canvassers retums-Mesaenge- r sent to clerk of board of If the returns from all counties have not been received on the Thursday before the day designated for the meeting of the board of state canvassers, the lieutenant governor must forthwith send a messenger to the clerk of the board of county canvassers of the delinquent county, and this clerk must furnish the messenger with a certified copy of the statement mentioned in Section The messenger shall receive as compensation a per diem as provided by law. (4) The people of Utah declare that the provisions of Section 5 of this act shall be deemed severable from the remainder of this act. Section 6: This act shall take effect on the first Monday of December, 1994. 1, Olene S. Walker, Lieutenant Governor of the state of Utah, hereby certify that the initiative entitled Act to Limit the Terms of Public Office Holders and Require Election by Majority Vote, contained in this petition section is a full, true and correct copy of that initiative at proposed by the sponsors for referral to the people of the state of Utah for their approval as law, or rejection. |