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  1. Overview: Arizona Constitutional Convention (1910) [2023 Edition]
  2. Full Record: Arizona Constitutional Convention (1910) [2023 Edition]
  3. Committee:Convention
  4. Session: 1910-12-08 19:30:00
  5. Event type: CREATE

Arizona Constitutional Convention (1910) [2023 Edition]

Convention

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Document introduced in:

Session 16321: 1910-12-08 19:30:00

The Convention considers Election Ordinances Number 1 and 2, the Article on the State Seal, and Resolutions Number 28 and 29.

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Election Ordinance Number 2 (Working Version)

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

Election Ordinance No. 2. Be it ordained by the Convention assembled to form a Constitution and State government for the proposed State of Arizona, as follows, to wit:

Sec. 1. In compliance with an Act of Congress of the United States of America, entitled “An Act to Enable the People of New Mexico to form a Constitution and State Government and be admitted into the Union on an equal footing with the original States; and to enable the people of Arizona to form a Constitution and State government and be admitted into the Union on an equal footing with the original States.” approved June 20, 1910, hereinafter mentioned and referred to as the Enabling Act, and by virtue thereof, in case of the ratification of the Constitution framed for the proposed State of Arizona by this Convention, at an election to be held for that purpose, and in case the President and Congress of the United States approve said Constitution or in case the President approve such Constitution and Congress shall fail to act thereon in its next regular session after such approval, as provided in the said Enabling Act, then and in that event an election shall be held in all the voting precincts of the Territory of Arizona at a time to be named in the proclamation of the Governor of Arizona, provided for in Section 22 of the said Enabling Act.

Sec. 2. At the said election officers for a full State government shall be chosen by the people, including all the elective State, county and precinct officers provided for by the terms of said Constitution, members of the Legislature and one Representative to Congress. For the purpose of advising the Legislature, the people shall express at said election, their choice for two United States Senators to represent this State in Congress.

Sec. 3. The qualifications of electors for voting at said election shall be as follows: 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 delegates to this Constitutional Convention, who shall possess in other respects the qualifications of an elector as provided by title twenty, Revised Statutes 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 as hereinafter provided for by Congress, shall be qualified to vote at said election.

Sec. 4. The ballots used in voting for said officers shall be prepared, printed, furnished and distributed as required by the election laws of the Territory of Arizona for elections therein. Candidates for said election, whose names are to be placed upon the official ballot therefor, shall be selected in accordance with Chapter 24, Session Laws of Arizona, 1909. Approved March 10, 1909, (hereinafter named and designated the Primary Act) and the provisions of this ordinance.

Sec. 5. For the purposes of the said election only the said Primary Act is hereby amended as follows:

(a) The time of holding a primary under said Primary Act, shall be on the fifth Tuesday after the day on which the Governor shall issue the proclamation calling said election.

(b) The notice named in Sec. 4. of said Primary Act shall be prepared and transmitted by the Secretary of the Territory at least twenty-five days before said primary, and he shall include in such notice the statement that two candidates for United States Senator shall be voted upon at such primary.

(c) The nomination papers described in Section 5 of said Primary Act may be filed with the proper authorities at any date not less than fifteen (15) days prior to such primary.

(d) No fee shall be required of any person under the provisions of subdivision 2, Section 5, of said Primary Act.

(e) In paragraph (a) subdivision 5. Section 5, of said Primary Act, the words “for Delegate to Congress” shall be stricken out and the following words substituted therefor: “for Representative to Congress, any State office, or candidate for United States Senator.”

(f) In subdivision (1) of Section 6 of said Primary Act, the words “for Delegate to Congress and Joint Councilman” shall be stricken out and the following words substituted therefor: “For Representatives to Congress, any State office or candidate for United States Senator.”

(g) Subdivision (1) of Section 7 of said Primary Act shall be amended to read as follows: “It shall be the duty of the Boards of Supervisors in the respective counties, and of the Secretary of the Territory, on the day following the expiration of the time set for the filing of nomination papers, to proceed to examine all nomination papers so filed and determine whether such nomination papers comply with all the provisions of this Act, and they shall respectively determine and certify a list containing the name and postoffice address of each person entitled by virtue of such nomination papers so filed to have his name printed upon the official ballot for such primary, together with the office for which each person is thereby entitled to stand: and the Secretary of the Territory shall immediately certify to and transmit to each Board of Supervisors in the Territory of Arizona, a true, full and correct copy of the list so determined by him, which shall include the names of all persons so entitled to stand as candidates for United States Senator upon such ballot.

(h) Subdivision (2) of Section 7 of said Primary Act shall be amended to read as follows: “Such clerk shall forthwith upon receipt of said certified list, publish in two daily newspapers of opposite political face in his county, (or if there be not such daily papers then in weekly papers, and if not such weekly papers, then in some weekly paper in such county) a notice which shall set forth under the proper party name, the title of each office, the names and addresses of all persons specified in said notice from the Secretary of the Territory, and in addition thereto, the names and addresses of all persons for whom nomination papers have been filed in the clerk’s office in compliance with subdivisions (1) and (2) of Section 6 of the Act, (as amended in this ordinance,) giving the name and address of each and the date of the primary, the hours during which the polls will be open and designating the polling place at which the primary will be held in each precinct; which notice shall be published continuously until and including the date of such primary.

(i) In subdivision (1) of Section 9 of said Primary Act, the word “twenty” (being the third word of such subdivision from the beginning thereof) shall be amended to read “eight.”

(j) In subdivision (3) of Section 9 of said Primary Act, the word “eleventh” (being the eleventh word of said subdivision from the beginning thereof) is amended to read “sixth.”

(k) The ticket to be voted at such primary shall as near as may be, comply in form with the official primary ticket (for general elections) as set forth in Section 9 of said Primary Act.

(l) In subdivision (3) of Section 10, the words “If any elector write upon his ticket the name of any person who is a candidate for any office upon some other ticket than that upon which his name is so written, such elector shall therefor invalidate his ticket, and it shall not be counted but shall be entirely rejected” are hereby stricken out and the following words substituted therefor: “If any elector write upon his ticket the name of any person who is a candidate for any office upon some other ticket than that upon which his name is so written, such elector shall not thereby invalidate his ticket, but the name so written in shall not be counted and the remainder of such ticket shall be counted.”

(m) Section 11 of said Primary Act is amended to read as follows: “No person shall be entitled to vote at such primary unless he is a qualified elector of the precinct under the provisions of Section 3 of this Ordinance and registered as provided in said Section 3."

(n) Section 14 of said Primary Act is amended to read as follows: “Immediately upon receipt of the said returns from the Boards of Supervisors by the Secretary of the Territory, the primary canvassing board shall canvass the same, tabulate them and certify the result of such canvass to the clerk of the Board of Supervisors of each county, giving the name of each person voted for, the number of votes received by him and the name of each person nominated and the office for which he is nominated, including the result of the advisory vote for candidates for United States Senator. All such returns shall be preserved in the office of the Secretary of the Territory, together with a true copy of the tabulation thereof (which shall be certified as correct by said board) and all such records shall be open to public inspection.”

“Such Primary Canvassing Board shall consist of the Secretary of the Territory, ex-officio, and two members of this Convention to be appointed thereto by George W. P. Hunt as president of this Convention. The members appointed shall before entering upon the duties of their office, take and subscribe an oath, or affirmation, to support the Constitution and laws of the United States, the terms of the Enabling Act, and this Ordinance, and to well and faithfully discharge the duties of such office. In case of the resignation or inability to serve of any such member appointed, the said George W. P. Hunt as president of this Convention shall fill the vacancy by appointment.”

(p) Independent nomination papers described in subdivision 2 of Section 2 of said Primary Act, may be filed with the proper authority at any time not more than fifty nor less than twenty days before the day of the election.

Sec. 6. Except as in said Enabling Act otherwise provided, said election for state and other officers shall be held in accordance with the election and other officers shall be held in accordance with the election laws of the Territory of Arizona, as supplemented by this Ordinance. The returns of said election shall be made by the election officers direct to the Secretary of the Territory of Arizona at Phoenix, who with the Governor and Chief Justice of said Territory, shall constitute a canvassing board, and they, or any two of them, shall meet at said City of Phoenix on the third Monday after said election and canvass the returns of said election, and certify the result. Thereof to the Governor of the Territory of Arizona, who shall immediately certify the result of said election as so canvassed and certified to him, to the President of the United States.

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 election 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 board of election shall be the same provided for boards of election by the laws of the Territory of Arizona.

Sec. 8. The election laws of the Territory of Arizona now in force, as far as applicable and not in conflict with the Enabling Act, including the penal laws of said territory relating to elections and primaries and illegal voting and other illegal practices thereat, are hereby extended to the primary and election herein provided for and until all persons offending against said laws in the election or primary aforesaid shall have been dealt with in the manner therein provided, and the courts of this State shall have power to enforce said laws in the same manner as other criminal laws of this State.

Upon the canvass of the returns of said election by the canvassing board named in Section 6 hereof, the said board shall proceed to examine and make statements of the whole number of votes given or cast at said election for each candidate voted for thereat, including each state, county and precinct officer voted for thereat, for members of the Legislature, for Representative to Congress and for candidate for United States Senator, which statement shall show the names of the persons to whom such votes shall have been given for each of the said officers and the whole number given to each, distinguishing the several counties and precincts in which they were given; and the said board shall determine the persons who have received the greatest number of votes for each state, county and precinct office voted for at said election, for members of the Legislature, for Representative to Congress, and for candidate for United States Senator and such findings, statements and determinations shall be reduced to writing and signed by said commissioners and immediately certified to the Governor as correct; and the Governor shall thereupon transmit to each person who so received the greatest number of votes for such office a certificate of his election, sealed with the Great Seal and attested by the Secretary of the Territory, and he shall send by registered mail to each of the candidates for United States Senator voted for in said election, a statement of the result of the vote, giving the total number of votes cast for each and every such candidate and containing a declaration of which such candidates received the highest number of votes, which statement shall be sealed , and attested as required herein for certificates of election.

Sec. 9. If any two or more candidates have an equal and highest number of votes for any office, the said canvassing board shall proceed to determine by lot in the presence of the candidates, which of the two or more candidates shall be elected. Reasonable notice shall be given to such candidates of the time when such election shall be determined, and if such candidates, or either of them fail to appear, either in person or by attorney, in accordance with such notice, then the board of canvassers shall proceed to determine such election in the absence of the candidates.

The Secretary of the Territory shall record in his office in a book of public record to be kept by him for that purpose, each certified statement of determination as made by such board of canvassers.

Sec. 10. The canvass, certification and returns for said election, except as otherwise provided in said Enabling Act, and the supplementary provisions of this Ordinance, shall be made, as nearly as may be, in accordance with the election laws of the Territory of Arizona.

Sec. 11. Whenever the Secretary of the Territory has imposed upon him a duty by the terms of the laws of the Territory or this Ordinance connected with the primary or the election herein provided for, but which duty shall not be imposed by the terms of the Enabling Act, and the said Secretary of the Territory shall for three days after said duty shall become incumbent upon him, refuse or neglect to perform such duty, then George W. P. Hunt, as president of this Convention, shall perform such duty, and his act shall have the same legal effect as if the Secretary of the Territory had performed such act.

Sec. 12. In the case of failure or inability of Geo. W.P. Hunt, as President of this Convention, to perform the duties provided in this ordinance such duties shall devolve upon and be performed by Morris Goldwater as Vice President of this Convention in like manner and his acts shall be of the same effect as if performed by Geo. W. P. Hunt.

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