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Show Proposed Changes ion Utah's CoosQtyooirD mnd Comparable Present ProvisooiTDs 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 Sec-retary 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 sal-ary and emoluments of the Governor. Section 12. Board of pardons Respites and reprieves. Until otherwise provided by law, the Gov-ernor, Justices of the Su-preme Court and Attorney General shall constitute a Board of Pardons, a major-ity of whom, including the Governor, upon such con-ditions, and with such lim-itations and restrictions as they deem proper, may re-mit fines and forfeitures, commute punishments, and grant pardons after convic-tions, 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 com-mutation or pardon grant-ed, except after a full hearing before the Board, in open session, after pre-vious notice of the timp State of Utah OFFICE OF THE SECRETARY OF STATE SALT LAKE CITY September 1, 1974 Dear Fellow Citizens: The Legislature of the State of Utah has entrusted vie with the responsibility for pub-lishing the following Propositions, which to changes in the Constitution of the Slate of Utah. In the beginning of the body of each Propo-sition has been set forth the Ballot Title of the Proposition as it will appear on the General Flection Ballot on November 5, 1974 together with a copy of the present constitutional pro-vision. Because of the very serious nature of these Propositions which your State Legisla-ture has caused to be placed before you. I urge that each of you study the text of the Proposi-tions in full. I urge you to consult with your friends, neighbors and local civic leaders in order that you may gain all information necessary to render a just and wise decision. Sincerely. J CLYDE L. MILLER Secretary of State Senate 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 Leg-islature at any special ses-sion, 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 legisla-ture. 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 re-turn 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 reconsid-eration it again passes both houses by a yea and nay vote of two-third- s 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 re-ceived it excepted, it shall become a law without his signature: if legislative 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 Gov-ernor until the absence or disability ceases or until the next general election, when the vacancy shall be filled by election. If, dur-ing a vacancy in the office of Governor, the Lieuten-ant Governor resigns, dies, is displaced, is absent from the State,' or becomes in-capable 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 disability ceases. If in this case the President of the Senate re-signs, dies, is displaced, is absent from the State, or becomes incapable of per-forming the duties of the office, the Speaker of the House shall act as Govern-or until the vacancy is filled or the absence or dis-ability ceases. While per-forming the duties of the Governor as provided in this section, the Lieuten-ant Governor, the Presi-dent of the Senate, or the Speaker of the House as the case may be, shall be entitled to the salary and emoluments of the Gov-ernor, except in cases of tpitinnrarv HisnHilitv nr nh- - for granting the same, and the objections, if any, of any member of the Board made thereto. Section 13. Board of ex-aminers. Until otherwise provided by law, the Gov-ernor, Attorney General and State Auditor shall constitute a Board of Ex-aminers, with power to ex-amine all unliquidated claims against the State ex-cept salaries or compensa-tion 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 sal-aries and compensation of officers fixed by law, shall be passed upon by the Leg-islature without having been considered and acted ucon by the said Board of Examiners. Section 14 Lieutenant governor Duties. The Lieutenant Governor shall serve on all boardsand com-missions in lieu of the Gov-ernor whenever so desig-nated by the Governor, shall perform such duties as may be delegated to him by the Governor, shall de-vote 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 be Auditor of Public Ac-counts, and the State Treasurer shall be the cus- - Present Provision EXECUTIVE ARTICLE Section 1. Executive de-partment Terms, resi-dence, and duties of offic-ers."! The Executive De-partment 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 Janu-ary next after his election, except that the terms of office of those elected at the first election shall be-gin 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 of-fice, shall reside at the seat of government, where they shall keep the public rec-ords, 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. TElection Tie, legislature to elect.! The officers provided for in section one of this art-icle shall be elected by the qualified electors of the that for which it was 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 incident-al thereto. The Governor may also by proclamaton convene the Senate in ex-traordinary session for the transaction of executive business. Section 7. Adjourn-ment of legislature by gov-ernor. In case of a dis-agreement between the two houses of the Legislature at any special session, with respect to the time of ad-journment, the Governor shall have power to ad-journ 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 pre-sented to governor Veto Appropriation bills. Every bill passed by the Legislature, before it be-comes a law, shall be pre-sented 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 re-turn it with his objections to the house in which it originated, which house shall enter the objections at large upon its journal anH nrnrppH in rpcnncirlp Proposed Amendment PROPOSITION NO. 1 EXECUTIVE ARTICLE REVISION SHALL ARTICLE VII OF THE STATE CONSTITU-TION BE REVISED TO PROVIDE FOR A LIEU-TENANT GOVERNOR ;TO DELETE THE 'SECRE-TARY OF STATE AS A CONSTITUTIONAL OF-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 BY THE GOVERNOR AFTER ADJOURNMENT; TO PLACE THE STATE AUDITOR IN LIEU OF THE SECRETARY OF STATE ON THE BOARD OF EXAMINERS: TO RE-QUIRE THE BOARD OF EXAMINERS TO EXAM-INE ONLY UNLIQUID-ATED CLAIMS: AND TO MAKE OTHER CHANGES IN THE EXECUTIVE ARTICLE. (THE PRES-ENT LAW AND THE PROPOSED REVISIONS ARE ON CARDS IN THE POLLING PLACE AND BOOTH.) Be is resolved by ibe e of the Stale of Utah, two-third- s of all members elected to each of the two houses voting in favor there-of- : Section 1. Section It is proposed to amend Article VII of the Constitution of the State of Utah to read: Section 1. Elective con-stitutional officers. The v : 1 r litical party shall appear together on the ballot, and the votes cast for a candi-date for Governor shall be considered as also cast for the candidate for Lieuten-ant Governor running jointly with him. Section 3. Eligibility qualifications. No person shall be eligible to the office of Governor or Lieu-tenant Governor unless he shall have attained to the age of thirty years at the time of his election, nor to the office of Attorney Gen-eral 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 elec-tion. No person shall be eligible to any of the of-fices provided for in sec-tion one of this article, un-less at the time of his elec-tion 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-chie- f. The 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 pow-er to call out the militia to execute the laws, to sup-press insurrection, or to repel invasion. Section 5. Executive power. The executive pow-er 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 adjournment prevents re-turn of the bill, it shall be-come a law unless the Gov-ernor 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 con-tained 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 disap-proves, together with his reasons therefor, and such item or items shall not take effect unless passed over the Governor's objections as provided in this section. If the Governor disap-proves any bill or item of appropriation after the ad-journment sine die of any session of the Legislature, the presiding officer of each house shall poll the members of their respec-tive houses on the matter of reconvening the Legisla-ture. If two-thir- of the members of each house arc in favor cf reconvening, the Legislature shall be convened in a session not to exceed five calendar days and at a time set. jointly by the presiding officer of each house, sole-ly for the purpose of recon-sidering the bill or item cf aDpropration disapproved. If upon reconsideration, the bill or item of appro-priation again passes both houses cf the Legislature by a yea and nay vote of two-thir- of the members elected to each house, the 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 sence from the state. The disability of the Governor or person acting as Governor shall be de-termined 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 conclu-sive. The Supreme Court shall upon joint request of the President of the Senate and the Speaker of the House of Representatives, upon request of the Gov-ernor, or upon its own determine if and when the disability ceases. The Supreme Court has jurisdiction to de-termine all questions aris-ing under this section. Section 12. Board of par-dons. Until otherwise pro-vided by law, the Govern-or, justices of the Supreme Court and Attorney Gen-eral shall constitute a Board of Pardon's, a Ma-jority 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 con-victions, in all cases ex-cept treason and impeach-ments, subject to such reg-ulations as may be provid-ed by law, relative to the manner of applying for pardons; but no fine or for-feiture 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 de-cisions of the Board, with the reasons therefor in todian of public, moneys, and each shall perform such other duties as may be provided by law. Section 16. Attorney general. The Attorney General shall be the legal advisor of the State offic-ers, except as otherwise provided by this Constitu-tion, and shall perform such other duties as may be provided by law. Section 17. Superintend-ent of Public Instructions. The Superintendent of Public Instruction shall perform such duties as may be provided by law. a. Section 18. Compensa-tion. The Governor, Lieu-tenant Governor, State Auditor, State Treasurer, Attorney General and such other State and District of- - ficers as may be provided for by law, shall receive for their services monthly, a compensation as fixed by law. The compensation for said officers as provided in all laws enacted pursuant to this Constitution, shall i be in full for all services rendered by said officers, respectively, in any official capacity or employment during their respective terms of office. No such officer shall 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 col-lected in advance and de-posited with the State Treasurer monthly to the credit of the State. The Legislature may provide for the payment of actual and necessary expenses of said officers while travel-ing in the performance of official duty. State at the time and place of voting for members of the Legislature, and the persons respectively hav-ing 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 Leg-islature, at its next regu-lar session, shall elect forthwith by joint ballot one of such persons for said office. Section 3. Qualifica-tions of governor and other executive officers. No 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 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 elector, and shall have been a resident citizen of the State or Ter-ritory for five years next preceding his election. The State Auditor and State Treasurer shall be inelig-ible to election as then-ow-successors. Section 4. Governor commander-in-chie- f. The Governor shall be Comma-nder- in-Chief of the military forces of the State, exceDt when thev shall be . - - - - - - the bill. If, after such re-consideration, it again passes both houses by a yea and nay vote of two-thir-of the members elected to each house, it shall become a law, not-withstanding the Govern-or'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 ex-cepted,) the same shall be a law in like manner as if he had signed it, unless the Legislature by its final ad-journment prevent such re-turn, in which case it shall be filed with his objections in the office of the Secre-tary of State within ten days after such adjourn-ment (Sundays excepted) or become a law. If any bill presented to the Gov-ernor contains several items of appropriations of money, he may object to one or more such items, while approving other por-tions 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 Governor's 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 plprtpd tn snrh nffipp and place of such hearing has been given. The pro-ceedings and decisions of the Board, with the rea-sons 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 res-pites or reprieves shall not extend beyond the next session of the Board of Pardons; and such Board, at such session, shall con-tinue or determine such respite or reprieve, or they may commute the punish-ment, or pardon the of-fense 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 re-ported to the Legislature at its next regular session, when the Legislature shall either pardon, or commute the sentence or direct its execution; he shall com-municate to the Legislature at each regular session, each case of remission of fine or forfeiture, reprieve, commutation or pardon granted since the last pre-vious report, stating the name of the convict, the crime for which he was convicted, the sentence and its date, the date of remis-sion, commutation, pardon or reprieve, with the rea-sons for grantng the same, and the objections, if any, of any member of the Board made thereto. ficers of the Executive De-partment shall consist of Governor, Lieutenant Gov-ernor, State Auditor, State Treasurer, and Attorney General, each of whom shall hold his office for four years, beginning on the first Monday 61 Janu-ary next after his election. The officers of the Execu-tive Department, during their terms of office, shall reside within the State and shall keep the public re-cords, books and papers at the seat of government They shall perform such duties as are prescribed by this Constitution and as may be prescribed by law. Section 2. Election of constitutional officers. The officers provided for in section one of this article shall be elected by the qualified voters of the State at the time and place of voting for members of the Legislature, and the persons respectively hav-ing 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 Leg-islature, at its next regu-lar session, shall elect forthwith by joint ballot one of such persons for said office. In the election, th-- names of the candidates for Governor and Lieuten-ant Governor fur each pn-of the government, civil and military, and may re-quire information in writ-ing from the officers of the Executive Department, and from the officers and man-agers of State Institutions upon any subject relating to the condition, manage-ment, and expenses of their respective offices and insti-tutions, and may at any time when the Legislature is not in session, may, if he deem it necessary, ap-point a committee to in-vestigate and report to him upon the condition of any executive office or State Institution. He shall com-municate by message the condition of the State to the Legislature at every regular session, and recom-mend such measures as he may deem expedient. Section 6. Convening of the legislature on extraor-dinary occasions. On ex-traordinary occasions, the Governor may convene the Legislature by proclama-tion, in which shall be stated the purpose for which the Legislature is to be convened, and it shall transact no legislative busi-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 Leg-islature, however, may pro-vide for the expenses of the session and other mat-ters incidental thereto. The Governor may also by ri m it inp convene the office shall become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, the Governor shall have the power to fill the same by granting a commission, which shall expire at the next election, and upon qualification of the person elected to such office. Section 10. State and district officers. The Gov-ernor 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 elec-tion is not otherwise pro-vided for. If, during the recess of the Senate, a vac-ancy occur in any State or district office, the Govern-or shall appoint some qual-ified 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 of-fice of Lieutenant Govern-or, State Auditor, State Treasurer or Attorney General be vacated by death, resignation or other-wise, 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 quali-fied as may be by law pro-vided. Section 11. Succession of office. In case of the death of the Governor, his 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 provided by law. 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 res-pites or reprieves shall not extend beyond the next session of the Board of Pardons; and such Board, at such session, shall con-tinue or determine such respite or reprieve, or they may commute the punish-ment, or pardon the of-fense 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 re-ported to the Legislature at its next session, when the Legislature shall either pardon, or commute the sentence, or direct its ex-ecution; he shall communi-cate to the Legislature at each regular session, each case of remission of fine or forfeiture, reprieve, com-mutation or pardon grant-ed 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, com-mutation, pardon or re-prieve, with the reasons Section 19. Grants and commissions. All grants and commissions shall be in the name and by the authority of the State of Utah, sealed with the Great Seal of the State, signed by the Governor, and countersigned by such officer as may be provided by law. Section 20. "The Great Seal of the State of Utah". There shall be a seal of the State which shall be called "The Great Seal of the State of Utah," and shall be kept by such of-ficer as provided by law. Section 21. Conflicting offices. No person, while holding, any office under the United States' govern-ment, shall hold any office under the State govern-ment of Utah. Section 2. Submission of amendment to electors. The Secretary of State is directed to submit this pro-posed amendment to the electors of the State of Utah at the next general election in the manner pro-vided by law. Section 3. Effective date. If approved by the electors of this state, this amend-ment shall take effect on January 3, 1977, except as follows: All candidates for the state offices provided in this amendment shall stand for election to these offices under the provi-sions of this amendment during the election year of 1976. 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. Duties of 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 re-quire information in writ-ing from the officers of the Executive Department, and from the officers and man-agers of State Institutions upon any subject relating to the condition, manage-ment, and expenses of their respective offices and insti-tutions, and at any time when the Legislative As-sembly is not in session, may, if he deem it neces-sary, 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 recom-mend such measures as he may deem expedient. Section 6. Convening of extra sessions of legisla-ture. On extraordinary occasions, the Governor may convene the Legisla-ture by proclamation, in which shall be stated the purpose for which the Leg-islature is to be convened, and it shall transact no leg-islative business except Section 10. Governor's appointive power Vacan-cies. The Governor shall nominate, and by and with consent of the Senate, ap-point all State and district officers whose offices are established by this Cons-titution, 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,-whe- he shall nominate some person to fill such office. If the of-fice of Secretary of State, State Auditor, State Treas-urer or Attorney General be vacated by death, resig-nation or otherwise, it shall be the duty of the Govern-or to fill the same by ap-pointment, and the ap-pointee shall hold his of-fice until his successor shall be elected and quali-fied, as may be by law provided. (As amended November 7, 1944, effec-tive January 1, 1945; No-vember 7, 1950, effective January 1, 1951.) Section 11. Vacancy in office of governor. 1 In case of the death of the Gov-ernor, or his impeachment, removal from office, inabil-ity to discharge the duties of his office, resignation, or absence from the State, the powers and duties of said office shall devolve upon Section 13. State Prison Commissioners Board of Examiners. Until other-wise provided by law, the Governor, Secretary of State and Attorney Gener-al shall constitute a Board of State Prison Commis-sioners, 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 ex-cept salaries or compensa-tion of officers fixed by law, and perform such other duties as may be pre-scribed by law; and no claim against the State, ex-cept for salaries and com-pensation of officers fixed by law, shall be passed up-on by the Legislature with-out having been considered and acted upon by the said Board of Examiners. Section 14. Insane Asy-lum Commissioners. Until otherwise provided by law, the Governor, State Treas-urer and State Auditor shall constitute a Board of Insane Asylum Commis-sioners. 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. Un-til otherwise provided by Present Provisions Cout. t |
