Article VII, Utah Constitution
Utah Constitution |
---|
Preamble |
Artikel |
I • II • III • IV • V • VI • VII • VIII • IX • X • XI • XII • XIII • XIV • XV • XVI • XVII • XVIII • XX • XXII • XXIII • XXIV |
Article VII of the Utah Constitution is entitled Executive Department and consists of 19 sections.
Section 1
Text of Section 1:
Executive Department officers -- Terms, residence, and duties.
|
Section 2
Text of Section 2:
Election of officers -- Governor and Lieutenant Governor elected jointly.
|
Section 3
Text of Section 3:
Qualifications of officers.
|
Section 4
Text of Section 4:
Governor commander-in-chief. 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. The Governor shall have power to call out the militia to execute the laws, to suppress insurrection, or to repel invasion.[1] |
Section 5
Text of Section 5:
Executive power vested in Governor -- Duties -- Legal counsel.
|
Section 6
Text of Section 6:
Convening of extra sessions of Legislature -- Advance public notice.
|
Section 7
Text of Section 7:
Adjournment of Legislature by Governor. In case of a disagreement between the two houses of the Legislature at any special session convened by the Governor under Article VII, Section 6, with respect to the time of adjournment, the Governor shall have power to adjourn the Legislature to such time as the Governor may think proper if it is not beyond the time fixed for the convening of the next Legislature.[1] |
Amendments
- Amended via voter approval of Utah Constitutional Amendment C, Changes Related to Special Legislative Sessions and State Revenue Measure (2018) on November 6, 2018.
Section 8
Text of Section 8:
Bills presented to governor for approval and veto -- Items of appropriation -- Legislative session to consider vetoed items.
|
Section 9
Text of Section 9:
Governor may fill certain vacancies. When any State or district office shall become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, the Governor shall have the power to fill the same by granting a commission, which shall expire at the next election, and upon qualification of the person elected to such office.[1] |
Section 10
Text of Section 10:
Governor's appointive power -- Governor to appoint to fill vacancy in other state offices -- Vacancy in the office of the Lieutenant Governor. (1) (a) The Governor shall nominate, and by and with consent of the Senate, appoint all State and district officers whose offices are established by this Constitution, or which may be created by law, and whose appointment or election is not otherwise provided for. (b) If, during the recess of the Senate, a vacancy occurs in any State or district office, the Governor shall appoint some qualified person to discharge the duties thereof until the next meeting of the Senate, when the Governor shall nominate some person to fill such office. (2) If the office of State Auditor, State Treasurer, or Attorney General be vacated by death, resignation, or otherwise, it shall be the duty of the Governor to fill the same by appointment, from the same political party as the removed person; and the appointee shall hold office until a successor shall be elected and qualified, as provided by law. (3) (a) A vacancy in the office of Lieutenant Governor occurs when: (i) the Lieutenant Governor dies, resigns, is removed from office following impeachment, becomes Governor under Article VII, Section 11, ceases to reside within the State, or is determined, as provided in Subsection (3)(b), to have a disability that renders the Lieutenant Governor unable to discharge the duties of office for the remainder of the Lieutenant Governor's term of office; or (ii) the Lieutenant Governor-elect fails to take office because of the Lieutenant Governor-elect's death, failure to qualify for office, or disability, determined as provided in Subsection (3)(b), that renders the Lieutenant Governor-elect unable to discharge the duties of office for the Lieutenant Governor-elect's full term of office. (b) (i) Except when the disability of a Lieutenant Governor is determined under Article VII, Section 11, Subsection (6) because the Lieutenant Governor is acting as Governor under Article VII, Section 11, Subsection (5), the disability of a Lieutenant Governor or Lieutenant Governor-elect shall be determined by a written declaration stating that the Lieutenant Governor or Lieutenant Governor-elect is unable to discharge the powers and duties of the office. (ii) The written declaration under Subsection (3)(b)(i) shall be transmitted to the Supreme Court and shall be signed by: (A) the Governor; or (B) (I) the Lieutenant Governor, if the Lieutenant Governor is the subject of the declaration; or (II) the Lieutenant Governor-elect, if the Lieutenant Governor-elect is the subject of the declaration. (iii) If the Lieutenant Governor or Lieutenant Governor-elect, as the case may be, disputes a declaration transmitted by the Governor under Subsection (3)(b)(i), the Lieutenant Governor or Lieutenant Governor-elect may, within ten days after the declaration is transmitted to the Supreme Court, file a petition requesting the Supreme Court to determine whether a disability exists as stated in the Governor's declaration. (iv) In determining whether a disability exists, the Supreme Court shall follow procedures that the Court establishes, unless the Legislature by statute establishes procedures for the Supreme Court to follow in determining whether a disability exists. (v) A determination of disability under this Subsection (3)(b) is final and conclusive. (c) (i) If a vacancy in the office of Lieutenant Governor occurs, the Governor shall, with the consent of the Senate, appoint a person as Lieutenant Governor, to serve: (A) except as provided in Subsection (3)(c)(i)(B), the remainder of the unexpired term; or (B) until the first Monday in January of the year following the next regular general election after the vacancy occurs, if an election is held for Governor and Lieutenant Governor under Article VII, Section 11, Subsection (4). (ii) The person appointed as Lieutenant Governor under Subsection (3)(c)(i) shall be from the same political party as the Governor. (iii) Neither the President of the Senate nor the Speaker of the House of Representatives may, while acting as Governor under Article VII, Section 11, Subsection (5), appoint a person as Lieutenant Governor to fill a vacancy in that office.[1] |
Amendments
- Amended by the approval of Utah Election of Appointed Lieutenant Governor, Amendment B (2014) on November 4, 2014.
Section 11
Text of Section 11:
Vacancy in office of Governor -- Determination of disability. (1) A vacancy in the office of Governor occurs when: (a) the Governor dies, resigns, is removed from office following impeachment, ceases to reside within the state, or is determined, as provided in Subsection (6), to have a disability that renders the Governor unable to discharge the duties of office for the remainder of the Governor's term of office; or (b) the Governor-elect fails to take office because of the Governor-elect's death, failure to qualify for office, or disability, determined as provided in Subsection (6), that renders the Governor-elect unable to discharge the duties of office for the Governor-elect's full term of office. (2) If a vacancy in the office of Governor occurs, the Lieutenant Governor shall become Governor, to serve: (a) until the first Monday in January of the year following the next regular general election after the vacancy occurs, if the vacancy occurs during the first year of the term of office; or (b) for the remainder of the unexpired term, if the vacancy occurs after the first year of the term of office. (3) (a) In the event of simultaneous vacancies in the offices of Governor and Lieutenant Governor, the President of the Senate shall become Governor, to serve: (i) until the first Monday in January of the year following the next regular general election after the vacancy occurs, if the vacancy occurs during the first year of the term of office; or (ii) for the remainder of the unexpired term, if the vacancy occurs after the first year of the term of office. (b) In the event of simultaneous vacancies in the offices of Governor, Lieutenant Governor, and President of the Senate, the Speaker of the House of Representatives shall become Governor, to serve: (i) until the first Monday in January of the year following the next regular general election after the vacancy occurs, if the vacancy occurs during the first year of the term of office; or (ii) for the remainder of the unexpired term, if the vacancy occurs after the first year of the term of office. (4) If a vacancy in the office of Governor occurs during the first year of the term of office, an election shall be held at the next regular general election after the vacancy occurs to elect a Governor and Lieutenant Governor, as provided in Article VII, Section 2, to serve the remainder of the unexpired term. (5) (a) If the Governor is temporarily unable to discharge the duties of the office because of the Governor's temporary disability, as determined under Subsection (6), or if the Governor-elect is temporarily unable to assume the office of Governor because of the Governor-elect's temporary disability, as determined under Subsection (6), the powers and duties of the Governor shall be discharged by the Lieutenant Governor who, in addition to discharging the duties of the office of Lieutenant Governor, shall, without additional compensation, act as Governor until the disability ceases. (b) (i) If, during a temporary disability of the Governor or Governor-elect, as determined under Subsection (6), a vacancy in the office of Lieutenant Governor occurs or the Lieutenant Governor is temporarily unable to discharge the duties of the office of Governor because of the Lieutenant Governor's temporary disability, as determined under Subsection (6), the powers and duties of the Governor shall be discharged by the President of the Senate who shall act as Governor until the Governor or Governor-elect's disability ceases or, in the case of the Lieutenant Governor's temporary disability, the Lieutenant Governor's disability ceases, whichever occurs first. (ii) If, during a temporary disability of the Governor or Governor-elect, as determined under Subsection (6), neither the Lieutenant Governor nor the President of the Senate is able to discharge the duties of the office of Governor because of a vacancy in the office of Lieutenant Governor or President of the Senate, or both, or because of a temporary disability of either or both officers, as determined under Subsection (6), or a combination of vacancy and temporary disability, the powers and duties of the Governor shall be discharged by the Speaker of the House of Representatives who shall act as Governor until the Governor's disability ceases or until the vacancy, if applicable, in the office of President of the Senate is filled or the temporary disability, if applicable, of the Lieutenant Governor or President of the Senate ceases, whichever occurs first. (c) (i) During the time that the President of the Senate acts as Governor under this Subsection (5), the President may not exercise the powers and duties of President of the Senate or Senator. The powers and duties of President of the Senate may be exercised during that time by an acting President, chosen by the Senate. (ii) During the time that the Speaker of the House of Representatives acts as Governor under this Subsection (5), the Speaker may not exercise the powers and duties of Speaker of the House of Representatives or Representative. The powers and duties of Speaker of the House of Representatives may be exercised during that time by an acting Speaker, chosen by the House of Representatives. (d) When acting as Governor under this Subsection (5), the President of the Senate or Speaker of the House of Representatives, as the case may be, shall be entitled to receive the salary and emoluments of the office of Governor. (6) (a) A disability of the Governor, Governor-elect, or person acting as Governor shall be determined by: (i) the written declaration of the Governor, Governor-elect, or person acting as Governor, transmitted to the Supreme Court, stating an inability to discharge the powers and duties of the office; or (ii) a majority of the Supreme Court upon the joint request of the President or, if applicable, acting President of the Senate and the Speaker or, if applicable, acting Speaker of the House of Representatives. (b) The Governor or person acting as Governor shall resume or, in the case of a Governor-elect, shall assume the powers and duties of the office following a temporary disability upon the written declaration of the Governor, Governor-elect, or person acting as Governor, transmitted to the Supreme Court, that no disability exists, unless the Supreme Court, upon the joint request of the President or, if applicable, acting President of the Senate and the Speaker or, if applicable, acting Speaker of the House of Representatives, or upon its own initiative, determines that the temporary disability continues and that the Governor, Governor-elect, or person acting as Governor is unable to discharge the powers and duties of the office. (c) Each determination of a disability under Subsection (6)(a) shall be final and conclusive. (7) The Supreme Court has exclusive jurisdiction to determine all questions arising under this section.[1] |
Section 12
Text of Section 12:
Board of Pardons and Parole -- Appointment -- Powers and procedures -- Governor's powers and duties -- Legislature's powers. (1) There is created a Board of Pardons and Parole. The Governor shall appoint the members of the board with the consent of the Senate. The terms of office shall be as provided by statute. (2) (a) The Board of Pardons and Parole, by majority vote and upon other conditions as provided by statute, may grant parole, remit fines, forfeitures, and restitution orders, commute punishments, and grant pardons after convictions, in all cases except treason and impeachments, subject to regulations as provided by statute. (b) A fine, forfeiture, or restitution order may not be remitted and a commutation, parole, or pardon may not be granted except after a full hearing before the board, in open session, and after previous notice of the time and place of the hearing has been given. (c) The proceedings and decisions of the board, the reasons therefor in each case, and the dissent of any member who may disagree shall be recorded and filed as provided by statute with all papers used upon the hearing. (3) (a) The Governor may grant respites or reprieves in all cases of convictions for offenses against the state except treason or conviction on impeachment. These respites or reprieves may not extend beyond the next session of the board. At that session, the board shall continue or determine the respite or reprieve, commute the punishment, or pardon the offense as provided in this section. (b) In case of conviction for treason, the Governor may suspend execution of the sentence until the case is reported to the Legislature at its next annual general session, when the Legislature shall pardon or commute the sentence, or direct its execution. If the Legislature takes no action on the case before adjournment of that session, the sentence shall be executed.[1] |
Section 14
Text of Section 14:
Duties of Lieutenant Governor. The Lieutenant Governor shall:
|
Section 15
Text of Section 15:
Duties of State Auditor and State Treasurer.
|
Section 16
Text of Section 16:
Duties of Attorney General. The Attorney General shall be the legal adviser of the State officers, except as otherwise provided by this Constitution, and shall perform such other duties as provided by law.[1] |
Section 18
Text of Section 18:
Compensation of state and local officers.
|
Section 19
Text of Section 19:
Grants and commissions. All grants and commissions shall be in the name and by the authority of the State of Utah, sealed with the Great Seal of the State, signed by the Governor, and countersigned by such officer as provided by law.[1] |
Section 20
Text of Section 20:
The Great Seal. There shall be a seal of the State, which shall be called "The Great Seal of the State of Utah," and shall be kept by such officer as provided by law.[1] |
Section 21
Text of Section 21:
United States' officials ineligible to hold state office. No person, while holding any office under the United States' government, shall hold any office under the State government of Utah.[1] |
See also
- State constitution
- Constitutional article
- Constitutional amendment
- Constitutional revision
- Constitutional convention
- Amendments
External links
- Utah.gov, "Utah Constitution"
- Utah Valley University, "Center for Constitutional Studies"
- Researching the Utah State archives, "Utah State Constitution Online"
- Mountain West Digital Library, "Collection: Utah Statehood Constitutional Convention (1895) Records"
- Paul Wake, Fundamental Principles, Individual Rights, and Free Government: Do Utahns Remember How to Be Free?
- Paul Wake, Fundamental Principles, Individual Rights, and Free Government: Do Utahns Remember How to Be Free?
Additional reading
- White, Jean Bickmore. (2011). The Utah State Constitution, New York, New York: Oxford University Press
- White, Jean Bickmore. (1998). Utah State Constitution: A Reference Guide, Westport, Connecticut: Greenwood Publishing
- White, Jean Bickmore. (1996). Charter for Statehood: The Story of Utah's State Constitution, Salt Lake City, Utah: University of Utah
Footnotes
|
State of Utah Salt Lake City (capital) | |
---|---|
Elections |
What's on my ballot? | Elections in 2024 | How to vote | How to run for office | Ballot measures |
Regierung |
Who represents me? | U.S. President | U.S. Congress | Federal courts | State executives | State legislature | State and local courts | Counties | Cities | School districts | Public policy |