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Show & Senate in extraordinary session for the transaction of executive business. State of Utah OFFICE OF THE SECRETARY OF STATE SALT LAKE CITY September 1, 1971 Deir Fellow Citizens: The Legislature of the State of Utah w entrusted me with the responsibility for publishing the follouing Propositions, uh'nh ' late to changes in the Constitution of th : State of Utah. In the beginning of the body of each Ptopo-sitiohas been set forth the Ballot Title of the Proposition as it nil! appear on the General PJeition Ballot on hint ember 5, 1971 together uith a sopy of the present constitutional Because of the teiy serious natuie of these Piopositions uhich your Stale Legislature has caused to he placed before you. I urge that each of you study the text of the Propositions in full. I urge you to consult uith your friends, neighbors and local cilic leaders in order that you way gam alt information necessary to render a just and wise decision. n pro-tisio- Sincere I y. two-thir- CLYDE L. MILLER Senetary of State 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 CONSTITUTIONAL OFFICER; TO ALLOW THE STATE AUDITOR AND STATE TREASURER TO RUN FOR REFLECTION TO 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 THE SECRETARY OF STATE ON THE BOARD OF EXAMINERS: TO REQUIRE THE BOARD OF EXAMINERS TO EXAMINE ONLY UNLIQUIDATED CLAIMS; AND TO MAKEOTHERCHANGES IN THE EXECUTIVE ARTICLE. (THE PRESENT LAW AND THE PROPOSED REVISIONS ARE ON CARDS IN THE POLLING PLACE AND BOOTH.) Be is tesohed by the of the Stale nf Utah. of all members elected to e.uh nf the tun houses toting in far or there- tuo-thnJ- s 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 which house originated, 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 if legislative signature; adjournment prevents return of the bill, it shall become a law unless tbe Governor within twenty days after adjournment files his thereto with objections 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 anv bill or item 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 Legislature Tf of the members of each house arc in favor cf reconvening, the Legislature shall be convened in a session no to exceed five calendar days and at a time set jointly by the presiding officer of each house, solely for the purptse of reconsidering the bill or item cf anpropration 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 tile members elected to each house, the bill shall become law or the item of appropriation shall take effect. 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 No person qualifications. 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. Section 4. Comander-in-chieThe Governor shall f. be Comander-in-Chie- of f the military forces of the state, except when they shall be called into the service of the Unite'd States. He shall have power to call out the militia to execute the laws, to suppress insurrection, or to repel invasion. two-thir- two-third- Section Section It is proposed to amend Article VII of the Constitution of the State of Utah to read; Section 1. Elective conThe officers. elective constitutional officers of the Executive Department shall consist of Governor, Lieutenant Governor, State Auditor, State Treasurer, and Attorney General, each of whom shall hold his office for four years, beginning on the first Monday of January next after his election. 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. 1. stitutional 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 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 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 fur Governor and Lieutenant Governor for each po 5. Section Executive power. The executive power of the State shall be vested in the Governor, who shall see that the laws are failfully executed. He shall transact all executive business with the officers of the government, civil and military, and may require information in wrrit-in- g 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 Stale to the Legislature at every regular session, and recommend such measures as he may deem expedient Convening of 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 if t,. 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 Section 6. the legislature ch-.- Section 9 Vacancies of or district office. When any State or district office shall become vacant, and no mode is provided by the Constitution and lavs 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. state Section 10 State and district officers. Tbe 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 melting of the Senate, when he shall nominate some person to fill sueh office If the office of Lieutenant Governor, State Auditor. State Treasurer or Attornov h ui .an, resignation or oth l wise, it shall be the duty of the Governor to fill the same by appointment, and liic appointee shall iiooi his office until his successor shall be elected and quali-lut as may be by law d. d pro-vid- Section 11. Succession of the of Office. In ca-.dentil of the Governor, lit- e 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 absence or ceases. If in this case the President of the Senate resigns, dies, is displaced, is absent from the State, or becomes incapable of performing the duties of the office, the Speaker of the House shall act as Governor until the vacancy is aUcenr-or disfilled or ability ceases. While performing the duties of the Governor as provided in this section, the Lieutenant Governor, the President of the Senate, or the Speaker of the House us the case may be, shall be entitled to thp salary and emoluments of the Governor, except in cases of temporary disability or absence from the state. for granting the same, and the objections, if any, of any member of the Board made thereto. Section 13. Board of examiners. Until otherwise provided by law, the Governor, Attorney General and State Auditor shall constitute a Board of Examiners-, with power to exall amine unliquidated 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 unliauidated claim against the State, except for salaries and compensation of officers fixed by law, shall be passed upon by the Legislature without having been considered and acted ucon by the said Board of Examiners. disability te e The disability of the Governor or person acting as Governor shall be determined by a majority of the Supreme Court on joint request of the President of the Senate and the Speaker of the House of Represent atives. Such determination shall be final and conclusive. The Supreme Court shall upon joint request of the President of the Senate and the Speaker of th" House of Representatives, upon request of the Governor, or upon its own determine if and when the disability ceases. The Supreme Court has exclusive jurisdiction to determine all questions arising under this section. Section 12. Board of pardons. Until otherwise provided by law, the Governor, justices of the Supreme Court and Attorney Gena eral shall constitute Board of Pardons, a Majority of whom, including t tie Governor, upon suen 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 except granted, after a full hearing before the Board, in open session, after previous notice of t lie time and place of such hearing has been given. The proceedings and decisions of tlie 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 such officer as proided by law. The Governor shall have power to grant respites or reprieves in all cases of convictions for offenses against the Stub 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 as herein provided. In case of conviction for treason, the Governor shall have the power to suspend execution (if the sentence, until the case shall be reported to the Legislature at its next 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 Kianf-i.since the last previous report, stating the name nf the convict, the crime for which ho was convicted, the sentence and its date, the date of remission, commutation, pardon or reprieve, with the re,i sojis . d Section 14 Lieutenant Duties. The governor Lieutenant Governor shall boardsandcom-missions serve on all in lieu of the Governor whenever so designated by the Governor, shall perform such duties as may be delegated to him by the Governor, shall devote his full time to his duties, and shall perform such other duties as may be provided by law. Section 15. State auditor. The State Auditor shall ho Auditor of Public Acand the State counts, Treasurer shall be the custodian cf public moneys, and each shall perform sueh other duties as may be provided by law. 16. Section Attorney Attorriev The general. General shall be the legal advisor of the State officers, except as otherwise provided by this Constitution, and shall perform such other duties as may be provided by law. Section 17. Superintend- ent of Public Instructions. The Superintendent cf Public Instruction shall perform such duties as may be provided by law. Section 18. Compensation. The Governor, Lieutenant Governor, State Auditor, State Treasurer, Attorney General and such other State and District officers as may be provided for by law', shall receive for their services monthly, a compensation as fixed by law. The compensation fur said officers as provided in all laws enacted pursuant to this Constitution, shall be in full for all services rendered by said officers, respectively, in any official capacity or employment during their respective terms of ffice. No such officer sha.l receive for the performance of any official duty any fee for his own use, but all fees fixed by law for the performance by either of them of any official duty, shall be collected in advance and deposited with the State Treasurer monthly to the credit of the Stale. The may provide Legislature for the payment of actual and necessary expenses of said officers while traveling in the performance of official duty. Section 19 Grants and All grants commissions. and commissions shall be in the name and by the authority of the State of Utah, sealed with the Great Seal of the Stale, signed by the Governor, and countersigned by such officer as may be provided by law. The Great Section 20 Seal of the State of Utah". There shall be a seal of the State which shall he called The Groat Seal of the Slate of Utah, and shall be kept by such officer as provided by law. Section 21 Conflicting offices. No person, while holding any office under the United Stales government, shall hold any office under the State government of Utah Section 2. Submission of amendment to electors. The Secretary of State is directed to submit this proposed amendment to the electors of the State of Utah at the next general election in the manner provided by law. Section 3 Effective date. If approved by the electors of this state, this amendment shall take effect 'Hi January 3. 1977. except ;e follows: All candidates for the state offices provided in this amendment shall stand for election to these offices under the provisions of tins amendment during the election year of 1976. 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 fur the transaction of executive business. Present Provision EXECUTIVE ARTICLE Section 1. Executive deTerms, resipartment dence, and duties of officers.! The Executive Department shall consist of of Governor, Secretary State, State Auditor, State and Attorney Treasurer, General, each of whom shall hold his office for four years, beginning on the first Monday of January next after his election, except 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 the Executive Department, during their terms of office, shall reside at the seat of government, where they shall keep the public records, books and papers. They shall perform such duties as are prescribed by this Constitution and as may be prescribed by law. (As amended November 7, 1950, effective January 1, 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. 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 Semtc. as the case may be, except in cases bf or temporary disability, 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 the Govprovided ernor, 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 alp 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 ?ach 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. by-la- Section 8. Bills presented to governor Veto 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, legislature to elect. 1 to the house in which it The officers provided for which house originated, in section one of this artshall enter the objections icle shall be elected by th? at large upon its journal qualified electors of the and proceed to reconsider State at the time and place the bill. If, after such reof voting for members of it again the Legislature, and the consideration, passes both houses by a havpersons respectively s yea and nay vote of ing the highest number of of the members votes cast for the office elected to each house, it voted for shall be elected; shall become a law, notbut if two or more shall the Governhave an equal and the withstanding ors If any bill objections. 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. its at next reguislature, (Sunday and the day on shall elect which lar session, The Governor shall have he received it exforthwith by joint ballot same shall bo power to grant respites or the cepted.) one of such persons for a law reprieves in all cases of in like manner as if said office. for offenses he had signed it, unless the convictions against the State, except Legislature by its final adSection 3 (Qualificatreason or conviction on tions of governor and other journment prevent such reimpeachment;' but such resNo turn, in which case it shall executive officers.! pites or reprieves shall not person shall be eligible to be filed with his objections extend beyond the next the office cf Governor or in the office of the Secresession of the Board of Secretary of State unless tary of Stae within ten he shall have attained to days after such adjourn- "Pardons; and such Board, at such session, shall conthe age of thiity years at ment (Sundays excepted) tinue or determine such the time of his election, nor or become a law. If any to the office of Attorney respite or reprieve, or they bill presented to the GovGeneral unless he shall ernor may commute the punishcontains several have attained the age of items of appropriations of ment, or pardon the oftwenty-fivyears at the money, he may object to fense as herein provided. In case of conviction for time of his election, and one or more such items, treason, the Governor shall have been admitted to while approving other porhave the power to suspend tions of the bill; in such practice in the Supreme Court of the lerritory or case he shall append to the execution of the sentence, until hc case shall be reof the State of Utah, nor bill at the time of signing unless he shall be in good ported to the Legislature it, a statement of the item at its next regular session, standing at the bar at t he or items which he declines when the Legislature shall time of his election. No to approve, together with either pardon, or commute person shall be eligible to his reasons therefor, and the sentence or direct its such item or items shall any of the offices provided for in section one of this not take effect unless execution; he shall communicate to the Legislature article, unless at the time passed over the Governors at each regular session, of his election he shall be objection as in this section each case of remission of a qualified elector, and provided. fine or forfeiture, reprieve, shall have boon a resident Section 9. Governor commutation or pardon citizen of the State or Terfill certain vacancies. granted since th? last preritory for five years next may When or State district vious report, stating the any preceding his election. The office shall become vacant, name of the convict, the State Auditor and State and no mode is provided by crime for which he was Treasurer shall be ineligible to election as-- them the Constitution and laws convicted, the sentence and for such vacancy, filling its date, the date of remisown successors. the Governor shall have sion, commutation, pardon 4 the power to fill the same Section Governor or reprieve, with the reacommander-in-chief- . The by granting a commission, sons for the same, Governor shall he which shall expire at the and the grantng objections, if any, of the next election, and upon of any member of the military forces cf the State, quahficalon of the person Board made thereto. except when they shall be elected to such office. v called into tlu set ice of Section 13. State Prison Section 10. the United States. He shall Governors Commissioners Board of Vacanhave power to call out the appointive power Examiners. Until othermilitia to execute the laws, cies. The Governor shall wise provided by law, the nominate, and by and with to suppress insurrection, or of Governor, Secretary consent of the Senate, apto repel invasion State and Attorney Generall Slate and district point Section 5 al shall constitute a Board Duties of ( fficers whose offices are Governor.'! The Governor of State Prison Commisestabli'-lieConsthis by shall see that the laws are sioners, which Board shall or which may be titution, he created faithfully executed; have such supervision of and whose law, by shall transact ail executive or election is all matters connected with appointment business with the officers the State Prison as may be not otherwise provided for. of he government, civil provided by law. They If, doling the recess of the and military, and may reshall, also, constitute a a vaeancy occur in Senate, Board of Examiners, with quire information in writState or district office, any from the officers of the the Governor shall ing all power to examine appoint Executive Department, and some claims against the State exto qualified person from the officers and mandischarge the duties thereof cept salaries or compensaagers of State Institutions until the next meeting of tion of officers fixed by upon any subject relating law. and perforin sueh the Senate, when he shall to the condition, manage other duties as may be prenominate some person to inont, and expenses of their scribed by law; and no fill such office. If the ofrespective offices and insticlaim against the State, exfice of Secretary of State, tutions, and at any time State Auditor, State Treascept for salaries and comwhen the Legislative Aspensation of officers fixed or urer General Attorney sembly is not in session, be seated by law, shall be passed updeath, resigby may, if lie deem it neees--sary- , on by the Legislature withor nation it shall otherwise, out having been considered appoint a committee lie iho rimy nf the Governto investigate and report to and acted upon by the said to fill the same by apor him upon the condition of Board of Examiners. and the appointment, any executive office or pointee shall hold his ofState Institution. He shall fice until his successor Section 14. Insane Asycommunicate by message shall be elected and lum Commissioners. Until qualithe condition of the State otherwise provided by law, fied, as may be by law to the Legislature at ( very the Governor, State Treasamended (As provided. regular session, and recomurer and State Auditor November 7, 1944, effecmend such measures as he shall constitute a Board of No1, tive 1945; January may deem expedient Insane Asylum Commisvember 7, 1950, effective sioners Said Board shall Section fi. Convening of January 1, 1931.) have such supervision of extra sessions of legislaSection 11, Vacancy in all matters connected with ture.! On extraordinary office of governor. In case the State Insane Asylum as occasions, the Governor of tbe death of the Govmay be provided by law. may convene the la gisla-lurernor, or his impeachment, by proclamation, in Section 15, Reform which shall be stated the removal fiom office, inabilschool commissioners. Unity to discharge the duties purpose for winch the Legof lus office, resignation, or til otherwise provided by islature is to he convened, ahseoeo fimn t t'e Stic, the and it shall transact no legpowers and duties of 'said islative business except office shall devolve upon Present Pioiiu'ortt Corit. two-third- e e |