| Show Proposed Changes in Utah's and Comparable Present Provisions STATE F UTAH OF THE SECRETARY F STATE SALT LAKE CITY t September Dear Fellow The Legislature of the State of Utah has entrusted vie with the responsibility for publishing the following which relate to changes in the Constitution of the j State of In the beginning of the body of each has been set forth the Ballot Title of the Proposition as it will appear on the General Election Ballot on November 1974 together with a copy of the present constitutional Because of the very serious nature of these Propositions which your State Legislature has caused to be placed before I urge that each of you study the text of the i thus in I urge you to consult with your neighbors and local civic leaders in order that you may gain all nation necessary to j render a just and wise i J CLYDE L. MILLER Secretary of State 4 f Proposed Amendment PROPOSITION 1 EXECUTIVE ARTICLE REVISION ARTICLE VII OF THE STATE CONSTITUTION BE REVISED TO PROVIDE FOR A LIEUTENANT DELETE THE SECRETARY OF STATE AS A CONSTITUTIONAL OF- TO ALLOW THE STATE AUDITOR AND STATE TREASURER TO RUN FOR REELECTION r TO THEIR RESPECTIVE TO PERMIT THE LEGISLATURE TO ACT ON BILLS VETOED BY THE GOVERNOR AFTER TO PLACE THE STATE AUDITOR IN LIEU OF THE SECRETARY OF STATE ON THE BOARD OF TO REQUIRE THE BOARD OF EXAMINERS TO EXAMINE ONLY AND TO MAKE OTHER CHANGES IN THE EXECUTIVE PRESENT LAW AND THE PROPOSED REVISIONS ARE ON CARDS IN THE POLLING PLACE AND Be is resolved by the of the Stale of two-thirds of members elected in of the two houses voting in furor Section Section It is proposed to amend Article VII of the Constitution of the State of Utah to Section Elective The elective constitutional officers of the Executive shall consist of Lieutenant State State and Attorney each of whom shall hold his office for four beginning on the first Monday of Janu- ary next after his The officers of the tive during their terms of shall reside within the State and i shall keep the public books and papers al the seat of government They shall perform such 1 duties as are prescribed by 2 this Constitution and may be prescribed by Section Election of constitutional The officers provided for hi 5 section one of this article shall be elected by qualified voters of the State at the time and of voting for members of the and the persons respectively- hav-Z ing the highest number of votes cast for the office i- voted for shall be elected but if two or more shall j have an equal and the highest number of votes for any one of said the two houses of the at Its next regu-il lar shall elect fc forthwith by joint ballot one of such persons for jJ said In the the names of the candidates for Governor and Lieutenant Governor for each po party shall appear together on the and the votes cast for a candidate for Governor shall be considered as also cast for the candidate for Lieutenant Governor running jointly with Section Eligibility 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 nor to the office of Attorney General unless he shall have attained the age of twenty-five years at the time of his and have been admitted to practice in the Supreme Court of the State of nor unless he shall be in good standing at the bar at the time of his No person shall be eligible to any of the offices provided for in section one of this unless at the time of his election he shall be a qualified and shall have been a resident citizen of the State for five years next preceding his Section The Governor shall be Comander-in-Chief of the military forces of the except when they shall called into the service of the United He shall have power to call out the militia to execute the to suppress or to repel Section Executive The executive power of the State shall be vested in the who shall see that the laws are He shall transact all executive business with the officers of the civil and and may require information in writing from the officers of the Executive and from the officers and managers of State Institutions upon any subject relating to the and expenses of their respective offices and and may at any time when the Legislature is not in if hc deem It appoint a committee to investigate and report to him upon the condition of any executive office or Stale He shall communicate by message the condition of the State to the Legislature at every regular and recommend such measures as he may deem Section Convening of the legislature on extraordinary On extraordinary the Governor may convene the Legislature by in which shall bu stated the purpose for which the Legislature is to be and it transact no legislative business except that for which It was especially or such other legislative-business as the Governor may call to Its attention while In The may for the expenses of the session and other matters incidental The Governor may atso by proclamation convene the Senate in extraordinary session for the transaction of executive Section Adjournment of-the In case of a disagreement between the two houses of the Legislature at any special with respect to tho time cf the Governor shall have power to adjourn the Legislature to such time as he may think it be not the time fixed for the convening cf the next Section Procedure for bills passed by the Every bill passed by the before it becomes a shall be presented to the if he he shall sign and thereupon it shall become a but if he he shall return it with his objections to the house in which it which house shall enter the objections at large upon its journal and proceed to reconsider the If upon reconsideration it again passes houses by a yea and nay vote of two-thirds of the members elected to each it shall become a If bill is not returned by the Governor within five days after it has been presented to Sunday and the day he received it it shall become a law without his if legislative adjournment prevents return of the it shall become a law unless the Governor within days after adjournment files his objections thereto with such officers as provided by The Governor may disapprove any item or items of appropriation contained in any bill while approving other portions of the in such case he shall append to the bill at the time of signing a statement of the item or items which he together with his reasons and such item or items shall not take effect unless passed over the Governor's objections as provided in If the Governor disapproves any bill or item of appropriation after the adjournment sine die of any session of the the presiding officer of each house shall poll the members of their respective houses on the matter of reconvening the If two-thirds of the members of each house arc in favor cf 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 solely for the purpose of reconsidering the bill or item of If upon the bill or item of appropriation again passes both houses cf the Legislature by a yea and nay vote of two-thirds of the members elected to each the bill shall become law or the item of appropriation shall take Section Vacancies of state or district When any State or district office shall become and no mode is provided by the Constitution and for filling such the Governor shall have the power to fill the same by granting a which shall expire at the next and upon qualification of the person elected to such Section State and district The Governor shall and by and with consent of the appoint all State and district officers whose offices are established by this or which may be created by and whose appointment or election is not otherwise provided during the recess of the a vacancy occur in any State or district the Governor shall appoint some qualified person to discharge the duties thereof until the next meeting of the when he shall nominate some person to fill such If the office cf Lieutenant State State Treasurer or Attorney General be vacated by resignation or it shall be the duty of the Governor to fill the same by and the appointee shall hold his office until his successor shall be elected and qualified as may be by law Section Succession of In case of the cli-nth of the his removal from absence from the or disability to discharge the duties of the or in case of a Governor-elect who falls to take the powers and duties of the Governor shall devolve upon the Lieutenant Governor until the absence or disability ceases or until the next general when the vacancy shall be filled by during a vacancy In the office of the Lieutenant Governor is is absent from the or becomes incapable of performing the duties of the the President of the Senate shall act as Governor until the vacancy is filled or the absence or disability If in this case tho President of the Senate is is absent from the or becomes incapable of performing the duties of the the Speaker of the House shall act as Govern- until the vacancy is filled or the absence or disability While performing the duties of the Governor as provided In this the Lieutenant the President of the or the Speaker of the House as the case may shall be entitled to the salary and emoluments of the except in cases of temporary disability or absence from the The disability of the Governor or person acting as 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 Such determination shall be final and The Supreme Court shall upon joint request of the President of the Senate and the Speaker of the House of upon request of the or upon its own determine if and when the disability The Supreme Court has ex- elusive jurisdiction tot deJ termine all questions arising under this o Section Board or pari Until otherwise provided by the Govern justices of the Supreme Court and Attorney General shall constitute a Board of a Majority of including the upon such and with such limitations and as they deem may remit fines and and grant pardons after in all cases except treason and subject to such regulations as may be provided by relative to the manner of applying for but no fine or forfeiture shall be and no commutation or pardon except after a full hearing before the in open after previous notice of the time and place of such hearing has been The proceedings and decisions of the with the reasons in each together with the dissent of any member who may shall be reduced to and filed with all papers used upon the in the office of such officer as provided by The Governor shall have power to grant respites or reprieves in all cases of convictions for offenses against the except treason or conviction on but such respites or reprieves shall not extend beyond the next session of the Board of and such at such shall continue or determine such respite or or they may commute the or pardon the offense as herein In case of conviction for the Governor shall have the power to suspend execution of the until the case shall be reported to the Legislature at its next when the Legislature shall either or commute tho or direct Its he shall communicate to the Legislature at each regular each case of remission of fine or commutation or pardon granted since the last previous stating the name of the the crime for which he was the sentence and its the date of pardon or willi the reasons for granting the and the if of any member of the Board made Section Board of Until otherwise provided by the Attorney General and State Auditor shall constitute a Board of with power to examine all claims against the State except salaries or compensation of officers fixed by and perform such other duties as may be prescribed by and no claim against the except for salaries and compensation of officers fixed by shall be passed upon by the Legislature without having been considered and acted ucon by the said Board of Section Lieutenant governor The Lieutenant Governor shall serve on all commissions in lieu of the Governor whenever so designated by the shall perform such duties as may be delegated to him by the shall devote his full time to his and shall perform such other duties as may be provided by Section State The State Auditor shall be Auditor of Public and the State Treasurer shall be the custodian of public and each shall perform such other duties as may be provided by Section Attorney The Attorney General shall be the legal-advisor of the State except as otherwise provided by this and shall perform such other duties as may be provided by Section Superintendent of Public The Superintendent of Public Instruction shall perform such duties as may be provided by Section The Lieutenant State State Attorney General and other State and District officers as may be provided for by shall receive for their services a compensation as fixed by The compensation for said officers as provided in all laws enacted pursuant to this shall be in full for all services rendered by said in any official capacity or employment during their respective terms of No such officer shall receive for the performance of any official duty any fee for his own but all fees fixed by law for the performance by either of them of any official shall be collected in advance and deposited with the State Treasurer monthly to the credit of the The Legislature may provide for the payment of actual and necessary expenses of said officers while traveling in the performance of official Section Grants and All grants and commissions shall be in the name and by the authority of the State of sealed with the Great Seal of the signed by the and countersigned by such officer as may be provided by Section Great Seal of the State or There shall be a seal of the State which shall he called Great Seal of the State of and shall bo kept by such officer as provided by Section Conflicting No while holding any office under the United States' shall hold any office under the State government of Section Submission of amendment to The Secretary of State is directed to submit this proposed amendment to the electors of the Slate of Utah at the next general election in the manner provided by Section Effective If approved by the electors of this this amendment shall take effect on January except as All candidates for the state offices provided in this amendment shall stand for election to these offices under the provisions of this amendment during the election year of Present Provision EXECUTIVE ARTICLE Section Executive department and duties of The Executive Department shall consist of Secretary of State State and Attorney each of whom shall hold his office for four beginning on the first Monday of January next after his except that the terms of office of those elected at the first election shall begin when the State shall be admitted into the and shall end on the first Monday in A.D. The officers of the Executive Depart during their terms of shall reside at the seat of where they shall keep the public books' and They shall perform such duties as are prescribed by this Constitution and as may be prescribed by amended November effective January Section r Election legislature to 1 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 and the persons respectively having the highest number of votes cast for the office voted for shall be but if two or more shall have an equal and the highest number of votes for any one of said the two houses of the at Its next regular shall elect forthwith by joint ballot one of such persons for said Qualifications of governor and other executive 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 nor to the office of Attorney General unless he shall have attained the age of twenty-five years at tho time of his and have been |
