Utah State Constitutional Convention 1895 (2020 Edition)

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

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Document introduced in:

Session 7385: 1895-04-18 16:00:00

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Article No. 7

Shown with amendment 'None' (e694860)

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There are 4 proposed amendments related to this document on which decisions have not been taken.

Section 1. The executive department shall consist of governor, secretary of state, state auditor, state treasurer, attorney general, and superintendent of public instruction, each of whom shall hold his office for four years, beginning on the first Monday of January next after his election, except that the terms of office of those who were elected at the first election shall begin when the State shall be admitted into the Union, and shall end on the first Monday in January, in the fourth year thereafter. The officers of the executive department shall, during their terms of office, reside at the seat of government, where they shall keep the public records, books, and papers. They shall perform such duties as are prescribed by this Constitution and as may be prescribed by law.

Section 2. 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 Legislature, and the persons respectively having 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 anyone of said offices, the two houses of the Legislature at its next regular session shall forthwith by joint ballot elect one of such persons for said office.

Section 3. No person shall be eligible to the office of governor or secretary of State unless he shall have attained 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-five 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 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 citizen resident of the State or Territory for five years next preceding his election. All officers of the executive department, except the superintendent of public instruction, shall be ineligible to election as their own successors. The state auditor and state treasurer shall be ineligible to election as their own successors.

Section 4. The Governor shall be Commander-in-chief of the military forces of the State except when they shall be 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. 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 require information in writing from the officers of the Executive Department, and from the officers and managers of State Institutions upon any subject relating to the condition, management, and expenses of their respective offices and institutions, and at any time when the Legislative Assembly is not in session may, if he deem it necessary, appoint a committee to investigate and report to him upon the condition of any executive office or State Institution. He shall communicate by message to the Legislature at every regular session the condition of the State, and recommend such measures as he may deem expedient.

Section 6. The governor may, on extraordinary occasions, convene the Legislature by proclamation, in which shall be stated the purpose for which the Legislature have been convened, and the Legislature shall transact no legislative business except that for which they were especially convened. The Legislature may, however, provide for the expenses of the session and other matters incidental thereto. The governor may also by proclamation convene the senate in extraordinary session for the transaction of executive business.

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