Be it resolved by the Senate of the State of Arizona, the House of Representatives concurring:
1.Article IV, part 2, section 5, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
5. Ineligibility of members of legislature to other public offices
Section 5. No member of the Legislature, during the term for which he shall have been elected or appointed, shall be eligible to hold any other office or be otherwise employed by the state of Arizona or , any county or incorporated city or town thereof. This prohibition shall not extend to the office of school trustee, not to employment as a teacher or instructor in the public school system, NOR TO A PERSON WHO IS APPOINTED BY THE GOVERNOR TO THE OFFICE OF LIEUTENANT GOVERNOR PURSUANT TO ARTICLE V, SECTION 1.
2. Article V, section 1, Constitution of Arizona, as amended by Proposition 107, an initiative measure enacted in 1992, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
1. Executive department; term limits; state officers; term lengths; election; residence and office at seat of government; duties
Section 1. 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, EXCEPT THAT THE LIEUTENANT GOVERNOR SHALL HOLD OFFICE FOR FOUR YEARS BEGINNING ON THE FIRST MONDAY IN JANUARY, 1999 NEXT AFTER THE REGULAR GENERAL ELECTION IN 1998. 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 GOVERNOR AND LIEUTENANT GOVERNOR SHALL BE MEMBERS OF THE SAME POLITICAL PARTY. IN THE PRIMARY ELECTION AND IN THE GENERAL ELECTION, ONE VOTE SHALL BE CAST FOR THE JOINT CANDIDATES. THE DETERMINATION OF THE WINNER AMONG THE JOINT CANDIDATES FOR GOVERNOR AND LIEUTENANT GOVERNOR SHALL BE MADE ON THE SAME BASIS AS THE DETERMINATION OF THE WINNER OF THE OTHER EXECUTIVE DEPARTMENT OFFICES.
B. C. The person having a majority THE HIGHEST NUMBER 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 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. D. 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.
3. Article V, section 1, Constitution of Arizona, as amended by Proposition 100, as enacted by Laws 1991, H.C.R. 2001, is proposed to be repealed as follows if approved by the voters and on proclamation of the Governor:
Article V, section 1, Constitution of Arizona, as amended by Proposition 100, as enacted by Laws 1991, H.C.R. 2001, relating to the executive department, is repealed.
4. Article V, sections 6, 8 and 9, Constitution of Arizona, are proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
6. Death, resignation, removal or disability of governor; succession to office; impeachment, absence from state or temporary disability
Section 6. A. 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 LIEUTENANT GOVERNOR, 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 LIEUTENANT GOVERNOR IS holding otherwise than by election, or shall fail to qualify as governor, THE SECRETARY OF STATE, 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 UNTIL HIS SUCCESSOR IS ELECTED AND QUALIFIES.
B. IF, BY REASON OF DEATH, RESIGNATION OR DISQUALIFICATION, THE GOVERNOR-ELECT IS UNABLE TO ASSUME THE OFFICE OF GOVERNOR AT THE COMMENCEMENT OF THE GUBERNATORIAL TERM, THE LIEUTENANT GOVERNOR-ELECT SHALL ASSUME THE OFFICE OF GOVERNOR FOR THE FULL TERM. IF, AT THE COMMENCEMENT OF SUCH TERM, THE GOVERNOR-ELECT FAILS TO ASSUME THE OFFICE BY REASON OF DISABILITY, THE LIEUTENANT GOVERNOR-ELECT SHALL SERVE AS GOVERNOR UNTIL THE DISABILITY OF THE GOVERNOR-ELECT TERMINATES.
C. 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.
D. 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 the case of vacancy, but only until the disability ceases.
8. Vacancies in office
Section 8. A. 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.
B. WITHIN NINETY DAYS OF A VACANCY IN THE OFFICE OF LIEUTENANT GOVERNOR, THE GOVERNOR SHALL NOMINATE A PERSON WHO IS A MEMBER OF THE SAME POLITICAL PARTY TO SERVE IN THAT OFFICE SUBJECT TO SENATE CONFIRMATION UNTIL HIS SUCCESSOR IS ELECTED AND IS QUALIFIED TO HOLD OFFICE. THE PERSON WHO IS NOMINATED SHALL BEGIN TO DISCHARGE THE DUTIES OF THAT OFFICE ON BEING NOMINATED BY THE GOVERNOR SUBJECT TO TERMINATION OF SUCH AUTHORITY IF THE SENATE REJECTS THE NOMINATION.
9. Powers and duties of state officers
Section 9. The powers and duties of secretary of state, state treasurer, attorney general, and superintendent of public instruction shall be as prescribed by law. THE LIEUTENANT GOVERNOR SHALL PERFORM THOSE DUTIES THAT ARE PRESCRIBED BY LAW.
5. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.