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Session 16318: 1910-12-08 09:30:00

The Convention adopts Articles X, XI, XII, XIII, XIV, XVI, XVII, XIX, and XXI. Consideration of XXII is postponed. Proposition Number 152/Election Ordinance Number 2 is adopted. Resolutions Number 22 and 23 are adopted.

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Proposition Number 152/Election Ordinance Number 1

There are 0 proposed amendments related to this document on which decisions have not been taken.

ELECTION ORDINANCE NO. 1

Be it ordained by the convention assembled to form a Constitution and State government for the proposed State of Arizona as follows, to-wit:

Section 1. In compliance with the enabling act passed by congress and approved June 20, 1910, hereinafter referred to as the enabling act and by virtue thereof, an election shall be held in all voting precincts of the Territory of Arizona on..........for the purpose of submitting to the people of said Territory the question of the ratification or rejection of the Constitution framed and adopted by this convention for said proposed State of Arizona, at which election the qualified votes of Arizona shall vote directly for or against the proposed constitution.

Sec. 2. Said election shall in all respects, be held and conducted in the manner required by the laws of the Territory of Arizona for elections therein, when not in conflict with said enabling act, and as supplemented by this ordinance.

Sec. 3. Any male citizen of the United States of the age of twenty-one years who shall have resided in the Territory of Arizona at least twelve months next preceding the date of the election heretofore held for the election of delegates to this Constitutional convention, who shall possess in other respects the qualifications of an elector as provided by Title Twenty, Revised Statues of Arizona, August second, nineteen hundred and one, and whose name shall appear upon the great register of the county in which he seeks to vote as said great register is constituted by Section 19 of said enabling act, or as may hereafter be provided by act of congress, shall be entitled to vote at said election.

Sec. 4. The ballots used in voting at said election shall be prepared, printed, furnished and distributed as required by the election laws of the Territory of Arizona. In certifying to each county board of supervisors of the Territory, the question to be submitted in the ballot to be used on said election day, as provided in paragraph 2327, Revised Statutes of Arizona, 1901, the Secretary of the Territory shall not so certify the entire Constitution as framed and adopted by this convention, but he shall certify said question as follows: "Shall the Constitution for the proposed State of Arizona as framed and adopted by the constitutional convention be ratified?"

Sec. 5. The submission of the proposed Constitution for the proposed State of Arizona, to the people of Arizona, for ratification or reject, shall be upon a ballot in the following form:

Shall the Constitution for the proposed State of Arizona, as framed and adopted by the constitutional convention be ratified?

[] YES.

[] NO.

Sec. 6. It shall be the duty of the Governor of the Territory of Arizona, as such, within five days after the date of the adoption of this ordinance, to issue his proclamation giving public notice of the election herein provided for. Said notice to be such as is required by the terms of paragraph 2274, Revised Statutes of Arizona, 1901. In said proclamation the Governor of Arizona shall not include the entire Constitution as framed and adopted by the constitutional convention, but it shall be sufficient if such proclamation shall state the question to be voted upon at said election in the terms set forth in Section Four of this Ordinance. In the event of the failure or refusal of the Governor to act, such proclamation shall be issued and transmitted in accordance with the law by George W.P. Hunt, as President of this convention.

Sec. 7. The Board of Supervisors in each county shall, at least fifteen days before said election, issue its order, designating the house or place within each delegation a precinct where the election must be held, and appointing a board of election for each precinct. The election precincts, unless otherwise ordered by the Board of Supervisors, shall be as they are now fixed by law. The duties of the boards of election shall be the same as are now provided for boards of election by the laws of the Territory of Arizona.

Sec. 8. The returns of the said election shall be made by the election officers direct to the Secretary of the Territory of Arizona, at Phoenix, Arizona, who, with the Governor and Chief Justice of said Territory, shall constitute the canvassing board whose duty it shall be to canvass the returns of the said election in accordance with the terms of the said enabling act. The said canvassing board shall make a statement and determination of the whole number of votes cast for the ratification of the proposed Constitution and of the whole number cast for the rejection thereof, which statement and determination shall be reduced to writing and signed by each member of said canvassing board acting in said canvass and immediately certified to the Governor as correct.

The Secretary of the Territory shall keep on file in his office for public inspection a full and correct copy of such statement.

Sec. 9. The election laws of the Territory of Arizona now in force, as far as they are applicable and not in conflict with the said enabling act, including the penal laws of said Territory relating to elections, illegal voting and other illegal practices thereat, are hereby extended to the election herein provided for, until all persons offending against said laws in the election aforesaid shall have been dealt with in the manner therein provided, and the courts of Arizona shall have power to enforce said laws in the same manner as the other criminal laws of the Territory or State of Arizona.

Decisions yet to be taken

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