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Legislative action that proposed this amendment: SJR4 1992 General Session as changed by SJR1 1992 3rd Special Session

Disposition: This amendment took effect following voter ratification. You may read the resulting 1993 Utah Constitution here.

Amends article 4 section 9 and article 6 section 2,3,4 and article 7 section 8 and article 8 section 8

[Most of this amendment was proposed by the Legislature as SJR4 in the 1992 General Session. In a special session later that year, but before the ratification vote, the Legislature passed a new joint resolution to rewrite portion of the proposed amendment affecting article 6, section 4.]

4:9

(1) All general elections, except for municipal and school officers, shall be held on the Tuesday next following the first Monday in November of the year in which the election is held.

(2) Special elections may be held as provided by law.

(3) The terms of all officers elected at any general election, except legislators, shall commence on the first Monday in January next following the date of their election.

(4) Municipal and School officers shall be elected at such times as may be provided by law.

6:2

Annual general sessions of the Legislature shall be held at the seat of government and shall begin on the third Monday in January.

6:3

(1) The members of the House of Representatives shall be chosen biennially on even-numbered years by the qualified voters of the respective representative districts, on the first Tuesday after the first Monday in November.

(2) Their term of office shall be two years from the first day of January next after their election.

6:4

(1) The senators shall be chosen by the qualified voters of the respective senatorial districts, at the same time and place as members of the House of Representatives.

(2) Their term of office shall be four years from the first day of January next after their election.

(3) As nearly one-half as may be practicable shall be elected in each biennium as the Legislature shall determine by law with each apportionment.

7:8

(1) Each bill passed by the Legislature, before it becomes a law, shall be presented to the governor. If the bill is approved, the governor shall sign it, and thereupon it shall become a law. If the bill is disapproved, it shall be returned with the governor's objections to the house in which it originated. That house shall then enter the objections upon its journal and proceed to reconsider the bill. If upon reconsideration the bill again passes both houses by a yea and nay vote of two-thirds of the members elected to each house, it shall become a law.

(2) If any bill is not returned by the governor within ten days after it has been presented to the governor, Sunday and the day it was received excepted, it shall become a law without a signature. If legislative adjournment prevents return of the bill, it shall become a law unless the governor within twenty days after adjournment files the objections to it with such officers as provided by law.

(3) The governor may disapprove any item of appropriation contained in any bill while approving other portions of the bill. In such case the governor shall append to the bill at the time of signing it a statement of the item or items which are disapproved, together with the reasons for disapproval, and the item or items may not take effect unless passed over the governor's objections as provided in this section.

(4) If the governor disapproves any bill or item of appropriation after the adjournment sine die of any session of the Legislature, the presiding officer of each house shall poll the members of that house on the matter of reconvening the Legislature. If two-thirds of the members of each house are in favor of reconvening, the Legislature shall be convened in a session that shall begin within 60 days after the adjournment of the session at which the disapproved bill or item of appropriation passed. This session may not exceed five calendar days and shall be convened at a time set jointly by the presiding officer of each house solely for the purpose of reconsidering the bill or item of appropriation disapproved. If upon reconsideration, the bill or item of appropriation again passes both houses of the Legislature by a yea and nay vote of two-thirds of the members elected to each house, the bill shall become law or the item of appropriation shall take effect on the original effective date of the law or item of appropriation.

8:8

(1) When a vacancy occurs in a court of record, the governor shall fill the vacancy by appointment from a list of at least three nominees certified to the governor by the Judicial Nominating Commission having authority over the vacancy. The governor shall fill the vacancy within 30 days after receiving the list of nominees. If the governor fails to fill the vacancy within the time prescribed, the chief justice of the Supreme Court shall within 20 days make the appointment from the list of nominees.

(2) The Legislature by statute shall provide for the nominating commissions' composition and procedures. No member of the Legislature may serve as a member of, nor may the Legislature appoint members to, any Judicial Nominating Commission.

(3) The Senate shall consider and render a decision on each judicial appointment within 60 days of the date of appointment. If necessary, the Senate shall convene itself in extraordinary session for the purpose of considering judicial appointments. The appointment shall be effective upon approval of a majority of all members of the Senate. If the Senate fails to approve the appointment, the office shall be considered vacant and a new nominating process shall commence.

(4) Selection of judges shall be based solely upon consideration of fitness for office without regard to any partisan political consideration.