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Article 5, Arizona Constitution

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Arizona Constitution
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Article V of the Arizona Constitution is entitled Executive Department. It has 12 sections and two active versions of section one. Article V regulates the offices of the state in terms of re-election, vacancies, responsibilities, and any powers granted by the position.

Article V has been amended twice, both times in 1992. These amendments reevaluated versions one and two of section 1.[1]

Section 1

Version 1

The State Constitution provided that if three or more candidates ran for office and no candidate received more than 50% of the votes cast in the general election, then a runoff election would be held between the two candidates who received the first and second highest number of votes. Proposition 100 asserted that the candidate who receives the highest number of votes is elected and runoff elections are no longer necessary.[2]

Text of Section 1, Version 1:

Executive Department; State Officers; Terms; Election; Residence and Office at Seat of Government; Duties

Section 1

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

A. The executive department shall consist of the governor, secretary of state, state treasurer, attorney general, and superintendent of public instruction, each of whom shall hold office for four years beginning on the first Monday of January, 1971 next after the regular general election in 1970.

B. The person having the highest number of the votes cast for the office voted for shall be elected, but if two or more persons have an equal and the highest number of votes for the office, the two houses of the legislature at its next regular session shall elect forthwith, by joint ballot, one of such persons for said office.

C. The officers of the executive department during their terms of office shall reside at the seat of government where they shall keep their offices and the public records, books, and papers. They shall perform such duties as are prescribed by the constitution and as may be provided by law.[1]

Amendments

Version 2

Proposition 107 limited the number of terms that a person may serve in federal and state elective offices. With the exception of the office of State Treasurer, there were no limits on the number of terms a person may serve in these offices before proposition 107. This proposal requires that a person must "sit out" from that office for a full term before running for the same office again, once that person has served for the maximum time in that particular office[2].

Text of Section 1, Version 2:

Term Limits on Executive Department and State Officers; Term Lengths; Election; Residence and Office at Seat of Government; Duties

Section 1

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

A. The executive department shall consist of the governor, secretary of state, state treasurer, attorney general, and superintendent of public instruction, each of whom shall hold office for a term of four years beginning on the first Monday of January, 1971 next after the regular general election in 1970. No member of the executive department shall hold that office for more than two consecutive terms. This limitation on the number of terms of consecutive service shall apply to terms of office beginning on or after January 1, 1993. No member of the executive department after serving the maximum number of terms, which shall include any part of a term served, may serve in the same office until out of office for no less than one full term.

B. The person having a majority of the votes cast for the office voted for shall be elected. If no person receives a majority of the votes cast for the office, a second election shall be held as prescribed by law between the persons receiving the highest and second highest number of votes cast for the office. The person receiving the highest number of votes at the second election for the office is elected, but if the two persons have an equal number of votes for the office, the two houses of the legislature at its next regular session shall elect forthwith, by joint ballot, one of such persons for said office.

C. The officers of the executive department during their terms of office shall reside at the seat of government where they shall keep their offices and the public records, books, and papers. They shall perform such duties as are prescribed by the constitution and as may be provided by law.[1]

Amendments

Section 2

Text of Section 2:

Eligibility to State Offices

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

No person shall be eligible to any of the offices mentioned in section 1 of this article except a person of the age of not less than twenty-five years, who shall have been for ten years next preceding his election a citizen of the United States, and for five years next preceding his election a citizen of Arizona.[1]

Amendment

Ratified in November 1988 via voter approval of Proposition 103.

Section 3

Text of Section 3:

Governor, Commander-in-Chief of the Military Forces

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

The governor shall be commander-in-chief of the military forces of the state, except when such forces shall be called into the service of the United States.[1]

Section 4

Text of Section 4:

Governor; Powers and Duties; Special Sessions of Legislature; Message and Recommendations

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

The governor shall transact all executive business with the officers of the government, civil and military, and may require information in writing from the officers in the executive department upon any subject relating to the duties of their respective offices. He shall take care that the laws be faithfully executed. He may convene the legislature in extraordinary session. He shall communicate, by message, to the legislature at every session the condition of the state, and recommend such matters as he shall deem expedient.[1]

Section 5

Text of Section 5:

Reprieves, Commutations and Pardons

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

The governor shall have power to grant reprieves, commutation, and pardons, after convictions, for all offenses except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as may be provided by law.[1]

Section 6

Text of Section 6:

Death, Resignation, Removal or Disability of Governor; Succession to Office; Impeachment, Absence from State or Temporary Disability

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

In the event of the death of the governor, or his resignation, removal from office, or permanent disability to discharge the duties of the office, the secretary of state, if holding by election, shall succeed to the office of governor until his successor shall be elected and shall qualify. If the secretary of state be holding otherwise than by election, or shall fail to qualify as governor, the attorney general, the state treasurer, or the superintendent of public instruction, if holding by election, shall, in the order named, succeed to the office of governor. The taking of the oath of office as governor by any person specified in this section shall constitute resignation from the office by virtue of the holding of which he qualifies as governor. Any successor to the office shall become governor in fact and entitled to all of the emoluments, powers and duties of governor upon taking the oath of office. In the event of the impeachment of the governor, his absence from the state, or other temporary disability to discharge the duties of the office, the powers and duties of the office of governor shall devolve upon the same person as in case of vacancy, but only until the disability ceases.[1]

Section 7

Text of Section 7:

Presentation of Bills to Governor; Approval; Veto; Filing with Secretary of State; Veto of Items in Appropriation Bills; Inapplication of Veto Power to Referred Bills

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

Every bill passed by the legislature, before it becomes a law, shall be presented to the governor. If he approve, he shall sign it, and it shall become a law as provided in this constitution. But if he disapprove, he shall return it, with his objections, to the house in which it originated, which shall enter the objections at large on the journal. If after reconsideration it again passes both houses by an aye and nay vote on roll call of two-thirds of the members elected to each house, it shall become a law as provided in this constitution, notwithstanding the governor's objections. This section shall not apply to emergency measures as referred to in section 1 of the article on the legislative department.

If any bill be not returned within five days after it shall have been presented to the governor (Sunday excepted) such bill shall become a law in like manner as if he had signed it, unless the legislature by its final adjournment prevents its return, in which case it shall be filed with his objections in the office of the secretary of state within ten days after such adjournment (Sundays excepted) or become a law as provided in this constitution. After the final action by the governor, or following the adoption of a bill notwithstanding his objection, it shall be filed with the secretary of state.

If any bill presented to the governor contains several items of appropriations of money, he may object to one or more of such items, while approving other portions of the bill. In such case he shall append to the bill at the time of signing it, a statement of the item or items which he declines to approve, together with his reasons therefore, and such item or items shall not take effect unless passed over the governor's objections as in this section provided.

The veto power of the governor shall not extend to any bill passed by the legislature and referred to the people for adoption or rejection.[1]

Section 8

Text of Section 8:

Vacancies in Office

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

When any office shall, from any cause, become vacant, and no mode shall be provided by the Constitution or by law for filling such vacancy, the governor shall have the power to fill such vacancy by appointment.[1]

Section 9

Text of Section 9:

Powers and Duties of State Officers

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

The powers and duties of secretary of state, state treasurer, attorney-general, and superintendent of public instruction shall be as prescribed by law.[1]

Section 10

Text of Section 10:

Canvass of Election Returns for State Officers; Certificates of Election

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

The returns of the election for all state officers shall be canvassed, and certificates of election issued by the secretary of state, in such manner as may be provided by law.[1]

Section 11

Text of Section 11:

Commissions

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

All commissions shall issue in the name of the state, and shall be signed by the governor, sealed with the seal of the state, and attested by the secretary of state.[1]

Section 12

Text of Section 12:

Compensation of Elective State Officers; Commission on Salaries for Elective State Officers

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

The salaries of those holding elective state offices shall be as established by law from time to time, subject to the limitations of article 6, section 33 and to the limitations of article 4, part 2, section 17. Such salaries as are presently established may be altered from time to time by the procedure established in this section or as otherwise provided by law, except that legislative salaries may be altered only by the procedures established in this section.

A commission to be known as the commission on salaries for elective state officers is authorized to be established by the legislature. The commission shall be composed of five members appointed from private life, two of whom shall be appointed by the governor and one each by the president of the senate, the speaker of the house of representatives, and the chief justice. At such times as may be directed by the legislature, the commission shall report to the governor with recommendations concerning the rates of pay of elected state officers. The governor shall upon the receipt of such report make recommendations to the legislature with respect to the exact rates of pay which he deems advisable for those offices and positions other than for the rates of pay of members of the legislature.

Such recommendations shall become effective at a time established by the legislature after the transmission of the recommendation of the governor without aid of further legislative action unless, within such period of time, there has been enacted into law a statute which establishes rates of pay other than those proposed by the governor, or unless either house of the legislature specifically disapproves all or part of the governor's recommendation. The recommendations of the governor, unless disapproved or altered within the time provided by law, shall be effective; and any 1971 recommendations shall be effective as to all offices on the first Monday in January of 1973. In case of either a legislative enactment or disapproval by either house, the recommendations shall be effective only insofar as not altered or disapproved. The recommendations of the commission as to legislative salaries shall be certified by it to the secretary of state and the secretary of state shall submit to the qualified electors at the next regular general election the question, "Shall the recommendations of the commission on salaries for elective state officers concerning legislative salaries be accepted? [ ] Yes [ ] No." Such recommendations if approved by the electors shall become effective at the beginning of the next regular legislative session without any other authorizing legislation. All recommendations which become effective under this section shall supersede all laws enacted prior to their effective date relating to such salaries.[1]

See also

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