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Show Page ClhoDuges m penrahDe omi Senate State of Utah OFFICE OF THE SECRETARY OF STATE SALT LAKE CITY 197 1, September Dear Pillow Citizens: The Legislature of the State of Utah has entrusted me with the responsibility for publishing the following Propositions, which relate to changes in the Constitution of 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 Elect ion Ballot on November 5, 97-- together with a copy of the present ccoistitutional 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 fiiends. neighbors and local civic leaders in order that you may gain all information necessary to render a just and wise decision. 1 1 1 Sincere I y. Proposed Amendment PROPOSITION NO. 1 EXECUTIVE ARTICLE REVISION SHALL ARTICLE VII OF THE STATE CONSTITUTION BE REVISED TO PROVIDE FOR A LIEUTENANT GOVERNOR; TO DELETE THE SECRETARY OF STATE AS A OFCONSTITUTIONAL THE ALLOW TO FICER; STATE AUDITOR AND STATE TREASURER TO RUN FOR REELECTION TO THEIR RESPECTIVE OFFICES; TO PERMIT THE LEGISLATURE TO on hill:-- ; 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 MAKE OTHER CHANGES IN THE EXECUTIVE ARTICLE. (THE PRESENT LAW AND THE PROPOSED REVISIONS ARE ON CARDS IN THE POLLING PLACE AND BOOTH.) act Be is resolved by the Leg- islature of the State of Utah, s of all members elected to each of the two houses voting in favor there-of- : two-third- 1. Section It is proposed to amend Article VII of the Constitution of the State of Utah to read: Section 1. Elective conThe stitutional 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 hy 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: but if two or more shall have an equal and the highest number of votes for any one of said offices, the two houses of the Legislature, at its next regular session, shall elect forthwith by joint ballot one of such persons for said office. In the election, the names of the candidates for Governor and Lieutenant Governor for each po in extraordinary session for the transaction of executive business. 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 vole 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 item of appropriation alter 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. If of the of members 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 officer of each house, solely for the purpose of reconsidering the bill or item cf appropration disapproved. If upon reconsideration, the bill or item of appropriation again passes both houses cf the Legislature by a yea and nay vote of of the members to each house, the elected bill shall become law or the item of appropriation shall take effect. Section 9. Vacancies of state 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, w'hich 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 Senate, when he shall nominate some person to fill such office. If the office of Lietitenant Governor, State Auditor, State or Attorney Treasurer 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. Section 11. Succession of office. In case of the death of the Governor, his two-thir- CLYDE L. MILLER Secretary of State Section Cgd litical party shall appear together on the ballot, and the votes cast for a candidate for Governor shall be considered as also cast for the candidate for Lieutenant Governor running jointly with him. Section 3. Eligibility qualifications. No person shall be eligible to the office of Governor or Lieutenant Governor unless he shall have attained to the age of thirty years at the time of his election, nor to the office of Attorney General unless he shall have attained the age of twenty-fiv- e years at the time of his election, and have been admitted to practice in the Supreme Court of the State of TTt.iIi, n o r unless he shall bo in good standing M the bar at the time of his elecNo 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 tion. f. be Comander-in-Chi- ef 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 to repel invasion. Section 5. Executive power. The executive power of the State shall be vested in the Governor, who shall see that the laws are faitfully executed. He shall transact all executive business with the officers of the government, civil and military, and may require information in writing from the officers of the Executive Department, and from the officers and managers of State Institutions upon any subject relating to the condition, management, and expenses of their respective offices and institutions, and may at any time when the Legislature is not in session, may, if he deem it necessary, appoint a committee to investigate and report to him upon the condition of any executive office or State Institution. He shall communicate by message the condition of the State to the Legislature at every regular session, and recommend such measures as he may deem expedient. Section 6. Convening of the legislature on extraordinary occasions. On extraordinary occasions, the Governor may convene the Legislature by proclamation, in which shall 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 two-thir- two-thir- ds ds ds Twelve DDD impeachment, removal from office, resignation, absence from the state, or disability to discharge the duties of the office, or in for granting the same, and the objections, if any, of any member of the Board made thereto. Section 13. Board of excase of a Governor-elec- t Until otherwise aminers. who fails to take office, law, the Govby provided the powers and duties of Attorney General the Governor shall devolve ernor, Auditor shall and State upon the Lieutenant Gova Board of Exconstitute ernor until the absence or with power to exdisability ceases or until aminers, all amine unliquidated the next general election, claims State exthe against when the vacancy shall be cept salaries or compensafilled by election. If, durtion of officers fixed by ing a vacancy in the office law, and perform such of Governor, the Lieutenas may be duties other ant Governor resigns, dies, is displaced, is absent from prescribed by law; and no unliauidated claim against the State, or becomes inState, except for salcapable of performing the the duties of the office, the aries and compensation of President of the Senate officers fixed by law. shall shall act as Governor until be passed upon by the Legthe vacancy is filled or the islature without having been considered and acted absence or ceases. If in this case the ucon by the said Board of Examiners. President of the Senate resigns, dies, is displaced, is Section 14. Lieutenant absent from the State, or governor Duties. The becomes incapable of perLieutenant Governor shall forming the duties of the serve on all boardsand comoffice, the Speaker of the missions in lieu of the Governor whenever so desigHouse shall act as Governor until the vacancy is nated by the Governor, shall perform such duties filled or the absence or disas may be delegated to him ceases. While perability of the by the Governor, shall deforming the duties as Governor provided in vote his full time to his this section, the Lieutenduties, and shall perform such other duties as may ant Governor, the President of the Senate, or the be provided by law. Speaker of the House as 15. State auditor. the case may be, shall be TheSection Auditor shall be State entitled to the salary and Auditor of Public Acemoluments of the Govand the State counts, ernor, except in cases of Treasurer shall be the custemporary disability or abof todian public moneys, sence from the state. and each shall perform The disability of the such other duties as may Governor or person acting be provided by law. as Governor shall be deSection 16. Attorney termined by a majority of general. The Attornev the Supreme Court on joint General shall be the legal request of the President of advisor of the Stale officthe Senate and the Speaker ers, except as otherwise of the House of Representby this Constituatives. Such determination provided tion, and shall perform shall be final and conclusuch other duties as may sive. The Supreme Court be provided by law. shall upon joint request of Section 17. Superintendthe President of the Senate ent of Public Instructions. and the Speaker of the of The House of Representatives, Superintendent shall Instruction Public upon request of the Govperform such duties as may ernor, or upon its own determine if and be provided by law. when the disability ceases. Section 18. CompensaThe Supreme Court has exThe Governor, Lieution. clusive jurisdiction to detenant Governor, State termine all questions arisAuditor, State Treasurer, ing undtT this section. Attorney General and such other State and District ofSection 12. Hoard of parficers as may be provided dons. Until otherwise profor by law, shall receive vided by law, the Governfor services monthly, their or, justices of the Supreme a compensation as fixed by Court and Attorney General shall constitute a law. Board of Pardons, a MaThe compensation for jority of whom, including said officers as provided in the Governor, upon such all laws enacted pursuant conditions, and with such to this Constitution, shall limitations and restrictions be in full for all services as they deem proper, may rendered by said officers, remit fines and forfeitures, respectively, in any official commute punishments, and capacity or employment grant pardons after conduring their respective excases in all terms of office. No such victions, treason and officer shall receive for the impeachcept ments, subject to such regperformance of any official ulations as may be providduty any fee for his own ed by law, relative to the use, but all fees fixed by manner of applying for law for the performance pardons; but no fine or forby either of them of any feiture shall be remitted, official duty, shall be coland no commutation or lected in advance and depardon granted, except posited with the State after a full hearing before Treasurer monthly to the the Board, in open session, credit of the State. The after previous notice of the Legislature may provide time and place of such for the payment of actual hearing has been given. and necessary expenses of The proceedings and desaid officers while travelcisions of the Board, with ing in the performance of the reasons therefor in official duty. each case, together with Section 19. Grants and the dissent of any member commissions. All grants who may disagree, shall be and commissions shall be reduced to writing, and in the name and by the filed with all papers used authority of the State of upon the hearing, in the Utah, sealed with the office of such officer as Great Seal of the State, provided by law. signed by the Governor, countersigned by such The Governor shall have and be provided as officer power to grant respites or by law. may reprieves in all cases of Section 20. The Great convictions for offenses Seal the State of Utah. against the State, except Thereof shall be a seal of treason or conviction on shall be which State the impeachment; but such resof The Great called pites or reprieves shall not the State of Utah,Sealand extend beyond the next session of the Board of shall be kept by such ofPardons; and such Board, ficer as provided by law. at such session, shall conSection 21. Conflicting tinue or determine such offices. No person, while respite or reprieve, or they holding any office under the United States governmay commute the punishment, or pardon the ofment, shall hold any office as fense herein provided. under the State governIn case of conviction for ment of Utah. treason, the Governor shall Submission have the power to suspend of Section 2. to electors. amendment execution of the sentence, The State is of Secretary until the case shall be reto submit this prodirected ported to the Legislature amendment to the at its next session, when posed of the State of the Legislature shall either electors Utah at the next general pardon, or commute the election in the manner prosentence, or direct its exlaw. vided by ecution; he shall communiat. cate to the Legislature Section 3. Effective date. each regular session, each If approved by the electors case of remission of fine or of this state, this amendment shall take effect on forfeiture, reprieve, commutation or pardon grantJanuary 3, 1977, except as ed since the last previous follows: All candidates for report, stating the name of the state offices provided the convict, the crime for in this amendment shall which he was convicted, stand for election to these the sentence and its date, offices under the provithe date of remission, comsions of this amendment mutation, pardon or reduring the election year of reasons with the 1976. prieve, disability in-itati- ve, that for which it was Present Provision EXECUTIVE ARTICLE Section 1. Executive deTerms, resipartment dence, and duties of officers.) The Executive Department shall consist of Governor, Secretary of State, 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, 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 Depart ment, 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 2. Election Tie, legislature to elect.) The officers provided for in section one of this article shall be elected by the qualified electors 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; but if two or more shall have an equal and the highest number of votes for any one of said offices, the two houses of the Legislature, at its next regular session, shall elect forthwith by joint ballot one of such persons for said office. Section 3. Qualifications of governor and other No executive officers.l be shall person 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 of the Stale 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 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 Section 4. The Governor shall be of the of the forces State, military shall be when except they called into the service of the United States. He shall have power to call out the militia to execute the laws, to suppress insurrection, or to repel invasion. Duties of Section 5. Governor. The Governor shall see that the laws are faithfully executed; he shall transact all executive business with the officers of the government, civil and military, and may require information in writing from the officers of the Executive Department, and from the officers and managers of State Institutions upon any subject relating to the condition, management, and expenses of their respective offices and institutions, and at any time when the Legislative Assembly is not in session, may, if he deem it necessary, appoint a committee to investigate and report to him upon the condition of any executive office or State Institution. He shall communicate by message the condition of the State to the Legislature at every regular session, and recommend such measures as he may deem expedient. Section 6. Convening of extra sessions of legislaOn extraordinary ture. 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 commander-in-chie- f. Com-mander-in-Ch- ief es- pecially 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. Section 7. 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 preVeto sented to governor 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 again consideration, houses both passes by a vote and of yea nay of the members elected to each house, it shall become a law, notwithstanding the Governors 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 vacancies. fill certain may 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- ds Section 10. Governors Vacanappointive power cies.) 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 Senate, when he shall nominate some person to fill such office. If the office of Secretary of State, State Auditor, State Treasurer or 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 (As amended provided. November 7, 1944, effective January 1, 1945; November 7, 1950, effective January 1, 1951.) Section 11. Vacancy in office of governor.) In case of the death of the Gov- ernor, or his impeachment, removal from office, inability to discharge the duties of his office, resignation, or absence from the State, the powers 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 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. Section 12. Board of 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 the 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 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. FRIDAY, 20, 1974 THE SALT LAKE TIMES THE SALT LAKE TIMES Commissioners Section 14. Insane Asylum Commissioners. 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. 15. Section Reform school commissioners. Until otherwise provided by Present Provisions Cont. FRIDAY, 20, 1974 Page Thirteen |