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Show nn Uttah s Comstii'itiui'fciiPin) Proposed Changes and Comparable Present Provisions Senate in extraordinary session for the transaction of executive business. Utah State of rricr or the secretary or state BALT LAKE CITY September 1. 197 i 1 jnh-lishin- g .1.1 I . Sinri rely. litical party shall appear together on the ballot, and the votes cast for a candidate for Governor shall he: considered as also cast for the candidate for Lieutenant Governor running jointly with him. 1 EXECUTIVE ARTICLE REVISION SHALL ARTICLE VII OF THE STATE CONSTITUTION BE REVISED TO PROVIDE FOR A LIEUTENANT COVER NOR ; 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 MAKE OTHER CHANGES THE IN EXECUTIVE ARTICLE. (THE PRESENT LAW AND THE PROPOSED REVISIONS ARE ON CARDS IN TIIE POLLING lLACE AND BOOTH.) lie it resoled h the Let--isl.ilitre of the Sl.ile of Lt.ih. s of .til mewln-relerhJ to t.irh of the tuo honsi-toting in (.nor tin re! two-lbirJ- s ef: disability .1. Section Eligibility qualifications. No person shall be eligible to the office of Governor or Lieutenant Governor unless he shall have attained to the age of thirty years at the lime 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. Comandcr-in-chieThe Governor shall be Comander-in-Chie- f of the military forces of the state, except when they shall be called into the service of the United States. He shall have power to cull out the militia to execute the laws, to suppress insurrection, or to repel invasion. f. Section It is proposed to amend Article VII of the Constitution of the State of Utah to read: 1. 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 Stale 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 ns may be prescribed by law. Section 2. Election of constitutional officers. provided fur in section one of this article shall be elected by voters of the Stale at the time and pla-- e of voting for members of the Legislature, and Unpersons 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 fur 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 s said office. In the election, the names of the candidatefor Governor and Lieutenant Governor for each po - Section 5. Executive power. The executive power of the State shall lie vested in the Governor, who shall see that the laws are faitfully executed, lie shall transact all executive business with the officers of the government, civ'l and military, and may require information in writing from the officers of the Executive Department, and from the officers and managers of Slate 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 Sta'e Institution. He shall communicate bv message the condition of the Slate to the Legislature at every regular session, and recommend such measures as lie may deem expedient. Section fi. Convening of the legislature on extraordinary occasions. On extraordinary occasions, the Governor may convene ihe 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 it attention while in session. The legislature, however, may provide for the expenses of the session and other mat- ters incidental thereto. The Governor may a No by proclamation convene the s two-thir- two-thir- Section for granting the same, and the objections, if any, of any member of the Board made thereto. from office, resignation, absence from the state, nr disability to discharge the Section 7. Adjournment duties of the office, or in Section 13. Board of exof the legislature. In case case of a Governor-eleUntil otherwise of a disagreement lietween who fails to take office, aminers. law. the Govby provided the two houses of the I.eg the powers and duties of ernor. General Attorney islaturc at any special sesthe Governor shall devolve and State Auditor shall sion, with respect to the upon the Lieutenant Govtime of adjournment, the ernor until the absence or constitute a Board of ExGovernor shall have power disability ceases or until aminers, with power to exall unliquidated amine to adjourn the Legislature the next general election, the State exclaims against to such time as lie may when the vacancy shall be cept salaries or compensathink proper: Provided, il filled by election. If, durtion of officers fixed by he not beyond the time ing a vacancy in the office law. and perform such fixed for the convening f of Governor, the Lieutenas may be the next legislature. ant Governor resigns, dies, other duties by law; and no prescribed is absent is from displaced, Section 8. Procedure for unliquidated claim against the State, or become inbills passed by the legislathe except for salture. Every bill passed by capable of performing the ariesState, and compensation of the Legislature, before it duties of the office, the fixed officers by law. shall of the Senate becomes a law, shall be President in upon by the Legpassed presented to the Governor; shall act as Governor until islature without having the vacancy is filled or the if lie approves, he shall been considered and acted sign it, and thereupon it absence or said Board of shall become a law; but if ceases. If in this case the ucon by the Examiners. President of the Senate rehe disapproves, he shall return it with his objections signs, dies, is displaced, is Section 14 Lieutenant to the house in which it absent from the State, or governor Duties. The originated, which house becomes incapable of perLieutenant Governor shall shall enter the objections forming the duties of the serve on all hoardsand comat large upon its journal office, the Speaker of the missions in lieu of the Governor whenever so desigand proceed to reconsider House shall act as Governor until the vacancy is nated by the Governor, the bill. If upon reconsidshall perform such duties eration it again passes filled or the absence or disas may be delegated to him both houses by a yea and ability ceases. While perof forming the duties of the by the Governor, shall denay vote of the niemliers elected to Governor as provided in vote his full time to his each house, it shall liecome this section, the Lieutenduties, and shall perform such other duties as may a law. If anv bill is not ant Governor, the Presireturned by the Governor dent of the Senate, or the he provided by law. within five days after h Speaker of the House as Section 15. State auditor. has been presented to him. the case may be, shall be The State Auditor shall he rehe and the day entitled to the salary and Auditor Sunday of Public Acceived it excepted, it shall emoluments of the Govand the State become a law without his ernor, except in cases of counts. Treasurer shall be the cusif legislative temporary disability or absignature; todian of public moneys, adjournment prevents re- sence from the state. and each shall perform turn of the bill, it shall besuch other duties as may The of the disability Govcome a law unless the ernor within twenty days Governor or person acting be provided by law. alter adjournment files his as Governor shall be deSection 16. Attorney objections thereto with termined by a majority of general. The Attornev on Court tiie such officers as provided joint General shall be the legal Supreme by law. The Governor may request of the President of advisor of the Stale officdisapprove any item or the Senate and the Speaker ers. except as otherwise of the House of Represent items of appropriation conprovided by this Constitutained in any bill while atives. Such determination tion. and shall perform such other duties as may approving other portions of shall be final and conclutiie bill; in such case he sive. The Supreme Court Ik: provided by law. shall append to the bill at shall upon joint request of Section 17. Superintendthe time of signing it, a the President of the Senate statement of the item or and the Speaker of the ent of Public Instructions. of The House of Representatives, Superintendent items which he disapPublic Instruction shall proves. together with his upon request of the Govperform such duties as may reasons therefor, and such ernor, or upon its own determine if and be provided by law. item or items shall not take effect unless passed over when the disability ceases. Section 18. Compensathe Governors objections The Supreme Court has extion. The Governor, Lieuclusive jurisdiction to deas provided in this section. tenant Governor, State termine all questions arisIf the Governor disapAuditor. State Treasurer. proves any bill or item of ing under this section. Attorney General and such appropriation after the adother State and District ofSection 12. Board or parjournment sine die of any dons. ficers as may be provided Until otherwise pro- for session of the Legislature, by law. shall receive Governlaw. vided the by the presiding officer of or, services monthly, for their of the justices Supreme a each house shall poll th compensation as fixed by Genand Court Attorney members of their respeceral shall constitute a law. tive houses on the matter Board of Pardons, a MaThe compensation for of reconvening the Legislaof whom, including said officers as provided in jority ture. If of the the Governor, upon such all laws enacted pursuant members of each house arc conditions, and with such to this Constitution, shall in favor rf reconvening, limitations and restrictions be in full for all services tlu: Legislature shall he as they deem proper, may rendered by said officers, convened in a session no remit fines and forfeitures, respectively, in any official to exceed five calendar commute punishments, and capacity or employment days and at a time set grant pardons after conduring their respective jointly by the presiding victions. in all cases exterms of office. No such officer of each house, solecept treason and impeachofficer shall receive for the ly for the purpose of reconto such regments. performance of any official sidering the bill or item f ulationssubject as may be providany fee for his own duty anpropration disapproved. ed by law, relative to the use. but all fees fixed by If upon reconsideration, manner of applying for law for tiie performance the bill or item of appropardons; but no fine or forby either of them of any priation again passes lxith feiture be remitted, official duty, shall be colhouses cf the legislature and no shall or commutation lected in advance and deby a yea and nay vote of pardon granted, except posited with the State of the members a full hearing before Treasurer monthly to the elected to each house, the after the Board, in open session, credit of the State. The bill shall become law or after notice of the Legislature may provide the item of appropriation time previous and place of such for the payment of actual shall take effect. hearing has been given. and necessary expenses of said officers while travelSection !). Vacancies of The proceedings and destate or district office. cisions of the Board, with ing in the performance of Win n any State or district the reasons therefor in official duty. office shall become vacant, each case, together with Section 19. Grants and and no mode is provided b the dissent of any member All grants the Constitution and laws who may disagree, shall he commissions. commissions shall be and for filling such vacancy, reduced to writing, and in the name and by the tin Governor shall have filed with all papers used of the State of the power to fill the same upon the hearing, in the authoritysealed with the Utah, office of such officer a by granting a commission, Great Seal of the State, which shall expire at the provided by law. by the Governor, signed next election, and upon and countersigned by such The Governor shall have qualification of the person officer as may be provided elected to such office. power to grant respites or law. reprieves in all cases of by Section 10. State and convictions Section 20. The Great for offenses district officers. The Govthe State, except Seal of the State of Utah. ernor shall nominate, and against treason or conviction on There shall be a seal of by and with consent of the the State which shall be but such resSenate, appoint all State impeachment: The Great Seal of called or not shall reprieves and district officers whose pites the State of Utah," and extend next the beyond offices are established by shall lx kept by such ofthis Constitution, or which session of the Hoard of ficer as provided by law. such and Pardons; Hoard, may be created by law, and at such conshall session, Section 21. Conflicting whose appointment or electinue or determine urh offices. No person, while tion is not otherwise proor or reprieve, they holding any office under vided for. If. during the respitecommute the punNh-menmay the United States' governrecess of the Senate, a vacor pardon the of ment. shall hold any office in occur or State ancy any fense as herein provided. under the State governdistrict office, the GovernIn case of conviction ment of Utah. or shall appoint some qualthe Governor shall ified person to discharge Section 2. Submission have tiie power to suspend the duties thereof until execution of amendment to electors. of the sentence, the next meeting of the until the case The Secretary of State is shall lie n Senate, when he shall 1o the Legislature directed to submit this proported nominate some person to at to the its next session, when posed amendment fill such office. If the ofof the State of electors the shall either Legislature fice ef Lieutenant Governor con. mute the Utah at the next general or, State Auditor. State pardon, or election in the manner prodirect its ex Treasurer or Attorney sentence, vided by law. lie shall communiGeneral be vacated by edition: cate to the Legislature at Seetion 3. Effective date. dt nth, resignation or othereach session, each If approved by the electors wise, it shall be the du'y case ofregular remission of line or of this state, this amendof the Governor to fill the forleilure. ment shall take effect on repriew. comsame by appointment, and mutation or pardon gran 3. 1977. except as January tin appointee shall hold id last the since All follows: candidates for previous his office until his successor report, stating the name of the state offices provided shall be elected and quali-fi- i the convict, the crime for in this amendment shall d as may he by law i which lie was convicted, stand for election to these d. the sentence and its date. offices under the provithi1 date of remission, comSection 11. Succession sions of this aiv.ndmenl of olfice. In of the mutation. pardon or reduring the elect ion year of death of lie fine, rnor. Iii- - prieve, with Hie reason-197. Iwo-third- CLYDIi L. Ml 1. 1. 1.R Si.ni.tr) of St.in PROPOSITION NO. removal Present Provision ct Denr Pillow C.ili't "f hi Sl.ile of I t.th h.n The citrnle.l un uih hi risf'oinihilit (or thi folouing Prof.nilioin. uhiih r hile to ih.itxn in he (.on tilnlioii of th Sl.it e of L't.ih. In the In "inning of thi ho, I) of i.irh Piofu,. sition h.n bun .lit forth tin li.ilol 7 ilh- of th, it nil! .iffh.ir on the Cienei.il ProfioMtioii T.eilion li.ilot on Sou whir 5, 197 tog. th-with ti i ofi of the f'leunl i ointitnlioii.il Her. line of the ten t rionr n.itnre o thiie Propositions whith our St.it e Lcgiin-tinh.is r. inn . I to he f.in.l In fore yon. I nig. th.it i, irh of yon sln.ly tin text of tin Ilofimi lions in full. I urge yon to romnlt it ilh your fiiiii.h. neighbors ,in.f lor.il riiir h. tilers in orJer th.iyon n.i) g.iin nil infoiinnion in i t s.iry to rentier n jmt nn. I wise ihrision. Proposed Amendment impeachment, ds t. , -- pro-vid- ca-i- I - 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 Treasurer, and Attorney General, each of whom shall hold his office for four years, beginning nn the first Monday of January next after his election, except that the terms nf 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. 1951.- ) Section Election 2. Tie, legislature to elect.l Tiie officers provided for in section one of this article shall be elected by th? qualified electors of the Stale at the time and place of voting for members of the Legislature, and the persons respectively having the highest number of votes cast for the office voted for shall be elected: but if two or more shall have an equal and the highest number of votes for any one of said offices, the two houses of the Legislature. at its next lar session, shall elect forthwith by joint ballot one of such persons for said office. Section 3. Qualifications of governor and other No executive officers.1 person shall be eligible to the office cf Governor or Secretary of State 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 Territory or nf 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 fur in section one of this article, unless at the time of his election he shall be a qualified elector, and shall have been a resident citizen of the State or Territory for five years next preceding his election. The State Auditor and State Treasurer shall be ineligible to election as their own successors. Governor The Governor shall be of the military forces of the State, except when they shall be called into the service of the United States. He shall have power to call out the militia to execute the laws, to suppress insurrection, or ta repel invasion. Section 5. Duties of Governor. The Governor shall see that the laws arc he faithfully executed; 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 at any time when the Legislative Assembly is not in session, may. if lie 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 commander-in-chie- Section 4. f. ti. that for which it was especially convened, or such other legislative business as the Governor may call to its attention while in session. The Legislature, however, may provide for the expenses of the session and other matters incidental thereto. The Governor may also by proclamatou convene the Senate in extraordinary session for the transaction of executive business. 7. Section Adjournment of legislature by governor. 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 of the next Legislature. 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 not approve, 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, after such reit consideration, again passes both houses by a yea and nay vote of of the members elected to each house, it shall become a law, notwithstanding the Governor's objections. If any bill be not returned within five days after it shall have been presented to him. (Sunday and the day on which he received it excepted,) the same shall be a law in like manner as if he had signed it, unless the Legislature by its final adjournment prevent such return, in which case it shall be filed with his objections in the office of the Secretary of State within ten days after such adjournment (Sundays excepted) or become a law. If any bill presented to the Governor contains several items of appropriations of money, he may object to one or more such items, 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 declines to approve, together with his reasons therefor, and such item or items shall not take effect unless passed over the Governors objection as in this section provided. Section 9. Governor may fill certain vacancies.) 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 qualificaton of the person elected to such office. two-thir- Section 10. Governor's Vacanappointive power cies. The Governor shall nominate, and by and with consent of the Senate, appoint all State and district officers whose offices arc 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 Senate. when he shall nominate some person to fill such office. If the office of Secretary of State. Slate Auditor, State Treasurer or Attorney General be vacated by death, resignation or otherwise, it shall Ik1 the duty of the Governor to fill the same by appointment. and the appointee shall hold his office until his successor shall lie elected and qualified. as may be by law (As amended provided. November 7, 1944, effective January 1, 1945; November 7. 1950, effective Convening of January 1, 1951.) extra sessions of legislature.) On extraordinary the Governor occasions, may convene the Legislature by proclamation, in which shall lie stated the purpose for which the legislature is to lie eon veiled, and il shall transact no legislative business except 1 Seetion 11. Varancy in offire of governor.) In ease of the death of the Governor. or his imiM'achmcnt, removal from office, inability to discharge the duties of his office, resignation, or absence from the State, the lowers and duties of said office shall devolve upon 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 While performing cease. 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. Respites and pardons 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 of Governor, Secretary 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 lum Commissioners. Asy- Until otherwise provided by law; the Governor, State Treasurer 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 Pmenl Voi i lion t Coul. |