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  1. Overview: Utah State Constitutional Convention 1895 (2020 Edition)
  2. Full Record: Utah State Constitutional Convention 1895 (2020 Edition)
  3. Committee:The Convention
  4. Session: 1895-03-22 14:00:00
  5. Event type: CREATE_FROM

Utah State Constitutional Convention 1895 (2020 Edition)

Proceedings and Debates of the Convention Assembled to Adopt a Constitution for the State of Utah

The Convention

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Session 7359: 1895-03-22 14:00:00

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Reading of Article on Committee on Elections and Rights of Suffrage

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Convention Hall, Salt Lake City,

March 22, 1895.

MR. PRESIDENT:

Your committee on elections and right of suffrage, appointed to draft and present an article on that subject, to whom was referred:

File No. 1, introduced by Evans, of Weber.

File No. 2, introduced by Eichnor, of Salt Lake City.

File No. 3, introduced by Evans, of Weber.

File No. 17, introduced by Page, of Sanpete.

File No. 24, introduced by Thoreson, of Cache.

File No. 37, introduced by Strevell, of Weber.

File No. 69, introduced by Thurman, of Utah.

File No. 109, introduced by Stover, of Tooele.

And also divers memorials and petitions presented by the ladies of Weber, Utah, Juab, Wasatch, Salt Lake, and Davis counties, and the Woman Suffragists Association of Utah Territory, respectfully report that we have carefully considered all of said propositions and memorials and hereby return the same, together with a draft of an article upon the subject referred to us and recommend it as a substitute for said propositions and as the responses to the said memorials.

Your committee do not claim absolute perfection for the draft herewith presented, but state that such as the instrument is, it is an expression of the best judgment and most candid deliberation of the majority of the committee. The committee in performing their labors have endeavored to be governed and controlled by the principle that in a republican form of government every citizen of the United States of reasonable intelligence, not convicted of crimes which strike at the foundation of popular government, should be eligible to vote, and exercise in addition thereto such political privileges and honors as their fellow- citizens see fit to confer upon them, keeping in mind that taxation without representation is not only unjust but contravenes and comes in conflict with the very genius of our political institutions. The committee by this article have conferred upon women the right to vote and exercise political privileges equal with men. The difficulty with the committee in considering this subject has been to find a reason why women should not have this privilege, rather than why they should. Not being able to find any logical reason why they should not, and deeming the political discriminations heretofore existing in this respect as unreasonable and unjust, a majority of the committee strongly favor the adoption of that portion of the article which in terms establishes the political equality of the sexes; upon this subject we have adopted literally the language of the Wyoming constitution, in which state woman suffrage, after twenty-five years' experience, has been demonstrated to be a pronounced success. Upon all other portions of the article herewith presented the committee have been and are practically unanimous.

Respectfully submitted,

J. F. CHIDESTER, Chairman,

A. S. ANDERSON,

Jos. E. ROBINSON,

PARLEY CHRISTIANSON,

PETER LOW,

J. D. MURDOCK,

CHESTER CALL,

A. ENGBERG,

A. H. RALEIGH,

WM. HOWARD,

F. A. HAMMOND,

S. R. THURMAN,

Members of the Committee.

Sec. 1– The rights of citizens of the state of Utah to vote and hold office shall not be denied or abridged on account of sex. Both male and female citizens of this state shall equally enjoy all civil, political and religious rights and privileges.

Sec. 2– Every citizen of the United States of the age of 21 years and upwards who shall have been a citizen for ninety days, who has resided in the state or territory one year, in the county four months, and in the precinct sixty days next preceding any election shall be entitled to vote at such election except as herein otherwise provided.

Sec. 3–Electors shall in all cases except treason, felony or breach of the peace be privileged from arrest on the days of election during their attendance at elections and going to and returning therefrom.

Sec. 4–No elector shall be obliged to perform militia duty on the day of election except in time of war and public danger.

Sec. 5–No person shall be deemed a qualified elector of this state unless such person be a citizen of the United States.

Sec. 6–All idiots, insane persons and persons convicted of treason or crimes against the elective franchise, unless restored to civil rights, shall not be permitted to vote at any election or be eligible to hold office in this state.

Sec. 7–No elector shall be deemed to have lost his residence in this state by reason of his temporary absence or his absence on business of the United States, or of this state, or in the military service of the United States nor while a student of any institution of learning.

Sec. 8–No property qualification shall ever be required for any person to vote or hold office except in elections levying a special tax or creating indebtedness.

Sec. 9–All elections shall be by secret ballot. Nothing in this section shall be construed to prevent the use of any machine or mechanical contrivance for the purpose of receiving and registering the votes cast at any election, providing that secrecy in voting be preserved.

Sec. 10–No person shall have the right to vote who shall not be able to read the Constitution of the United States. The provisions of this section shall not be construed or apply to any person prevented y physical disability from complying with its requirements, nor to deprive any person the right to vote who has such right at the time of the adoption of this constitution, unless disqualified by the restrictions of section six of this article.

Sec. 11–No person qualified to be an elector of the state of Utah shall be allowed to vote at any general or special election hereafter to be held in the state until such person shall be registered as a voter according to law, unless the failure to register is caused by sickness or absence, for which provision shall be made by law. The legislature of the state shall enact such laws as will carry into effect the provisions of this section.

Sec. 12–The legislature shall pass laws to secure the purity of elections and guard against the abuses of the elective franchise.

Sec. 13–All laws creating or regulating or affecting boards of officers charged with the duty of registering voters, distributing ballots at the polls to voters, or of receiving, recording, or counting the votes at elections, shall secure representation of at least the two political parties which, at the general election next preceding that which such boards or officers are to serve, cast the highest and the next highest number of votes. All such boards or officers shall be appointed or elected I such manner and upon the nomination of such representatives of said parties respectively as the legislature may direct.

Sec. 14–After the adoption of this constitution, all general elections for state, district, county, precinct and municipal officers, except school and judicial officers shall be held on the Tuesday next following the first Monday in November of each even year. Special elections may be held as provided by law. The terms of all officers elected at the general election shall commence on the first Monday in January, next following the date of their election. Judicial and school officers shall not be elected on any day when other officers are elected, but the time of their election shall be provided by law.

Sec. 15–All officers made elective or appointive by this constitution or by the laws made in pursuance thereof shall, before entering upon the duties of their respective offices take and subscribe the following oath or affirmation:

“I do solemnly swear (or affirm) that I will support, obey and defend the constitution of the United States and the constitution of this state, and that I will discharge the duties of my office with fidelity.”

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