Difference between revisions of "Article IV, Utah Constitution"

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'''Equal Political Rights'''
 
'''Equal Political Rights'''
  
The rights of citizens of the State of Utah to vote and hold office shall not be denied or abridged on account of sex. Both male and female citizens of this State shall enjoy equally all civil, political and religious rights and privileges.  
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The rights of citizens of the State of Utah to vote and hold office shall not be denied or abridged on account of sex. Both male and female citizens of this State shall enjoy equally all civil, political and religious rights and privileges.<ref name="ut">[http://le.utah.gov/UtahCode/chapter.jsp?code=Constitution ''Utah.gov'', "Utah Constitution," accessed March 30, 2014]</ref>
 
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'''Qualifications to Vote'''
 
'''Qualifications to Vote'''
  
Every citizen of the United States, eighteen years of age or over, who makes proper proof of residence in this state for thirty days next preceding any election, or for such other period as required by law, shall be entitled to vote in the election.  
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Every citizen of the United States, eighteen years of age or over, who makes proper proof of residence in this state for thirty days next preceding any election, or for such other period as required by law, shall be entitled to vote in the election.<ref name="ut"/>
 
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'''Voters -- Immunity from arrest.'''
 
'''Voters -- Immunity from arrest.'''
  
In all cases except those of treason, felony or breach of the peace, voters shall be privileged from arrest on the days of election, during their attendance at elections, and going to and returning therefrom.  
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In all cases except those of treason, felony or breach of the peace, voters shall be privileged from arrest on the days of election, during their attendance at elections, and going to and returning therefrom.<ref name="ut"/>
 
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'''Voters -- Immunity from militia duty.'''
 
'''Voters -- Immunity from militia duty.'''
  
No voter shall be obliged to perform militia duty on the day of election except in time of war or public danger.  
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No voter shall be obliged to perform militia duty on the day of election except in time of war or public danger.<ref name="ut"/> 
 
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'''Voters to be citizens of United States'''
 
'''Voters to be citizens of United States'''
  
No person shall be deemed a qualified voter of this State unless such person be a citizen of the United States.  
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No person shall be deemed a qualified voter of this State unless such person be a citizen of the United States.<ref name="ut"/> 
 
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'''Mentally incompetent persons, convicted felons, and certain criminals ineligible to vote.'''
 
'''Mentally incompetent persons, convicted felons, and certain criminals ineligible to vote.'''
  
Any mentally incompetent person, any person convicted of a felony, or any person convicted of treason or a crime against the elective franchise, may not be permitted to vote at any election or be eligible to hold office in this State until the right to vote or hold elective office is restored as provided by statute.  
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Any mentally incompetent person, any person convicted of a felony, or any person convicted of treason or a crime against the elective franchise, may not be permitted to vote at any election or be eligible to hold office in this State until the right to vote or hold elective office is restored as provided by statute.<ref name="ut"/> 
 
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'''Property qualification forbidden'''
 
'''Property qualification forbidden'''
  
No property qualification shall be required for any person to vote or hold office.  
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No property qualification shall be required for any person to vote or hold office.<ref name="ut"/> 
 
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:(1) All elections, including elections under state or federal law for public office, on an initiative or referendum, or to designate or authorize employee representation or individual representation, shall be by secret ballot.
 
:(1) All elections, including elections under state or federal law for public office, on an initiative or referendum, or to designate or authorize employee representation or individual representation, shall be by secret ballot.
:(2) Nothing in this section may be construed to prevent the use of any machine or mechanical contrivance for the purpose of receiving and registering the votes cast at any election, as long as secrecy in voting is preserved.  
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:(2) Nothing in this section may be construed to prevent the use of any machine or mechanical contrivance for the purpose of receiving and registering the votes cast at any election, as long as secrecy in voting is preserved.<ref name="ut"/> 
 
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:(2) Special elections may be held as provided by statute.
 
:(2) Special elections may be held as provided by statute.
 
:(3) The term of each officer, except legislator, elected at a general election shall commence on the first Monday in January next following the date of the election.
 
:(3) The term of each officer, except legislator, elected at a general election shall commence on the first Monday in January next following the date of the election.
:(4) The election of officers of each city, town, school district, and other political subdivision of the State shall be held at the time and in the manner provided by statute.  
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:(4) The election of officers of each city, town, school district, and other political subdivision of the State shall be held at the time and in the manner provided by statute.<ref name="ut"/> 
 
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'''Oath of Office'''
 
'''Oath of Office'''
  
All officers made elective or appointive by this Constitution or by the laws made in pursuance thereof, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this State, and that I will discharge the duties of my office with fidelity.["]  
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All officers made elective or appointive by this Constitution or by the laws made in pursuance thereof, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this State, and that I will discharge the duties of my office with fidelity.["]<ref name="ut"/> 
 
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==See also==
 +
[[File:StateConstitutions Ballotpedia.jpg|right|175px]]
 +
* [[State constitution]]
 +
* [[Constitutional article]]
 +
* [[Constitutional amendment]]
 +
* [[Constitutional revision]]
 +
* [[Constitutional convention]]
 +
* [[Amendment|Amendments]]
 +
** [[Initiated constitutional amendment]]
 +
** [[Legislatively-referred constitutional amendment]]
 +
** [[Publication requirements for proposed state constitutional amendments]]
 +
** [[Rules about constitutional conventions in state constitutions]]
 +
** [[State constitutional articles governing state legislatures]]
  
 
==External links==
 
==External links==
[http://le.utah.gov/UtahCode/chapter.jsp?code=Constitution Utah Constitution]
+
{{submit a link}}
 +
* [http://le.utah.gov/UtahCode/chapter.jsp?code=Constitution ''Utah.gov'', "Utah Constitution"]
 +
* [http://www.uvu.edu/ccs/ ''Utah Valley University'', "Center for Constitutional Studies"]
 +
* [http://archivesresearch.wordpress.com/2011/01/19/utah-state-constitution-online/ ''Researching the Utah State archives'', "Utah State Constitution Online"]
 +
* [http://mwdl.org/collections/1834.php ''Mountain West Digital Library'', "Collection: Utah Statehood Constitutional Convention (1895) Records"]
 +
 
 +
* [http://www.xmission.com/~wake/section27.html Paul Wake, Fundamental Principles, Individual Rights, and Free Government: Do Utahns Remember How to Be Free?]
 +
* [http://www.xmission.com/~wake/section27.html Paul Wake, Fundamental Principles, Individual Rights, and Free Government: Do Utahns Remember How to Be Free?]
 +
 
 +
==Additional reading==
 +
* [http://global.oup.com/academic/product/the-utah-state-constitution-9780199779284?cc=us&lang=en& White, Jean Bickmore. (2011). ''The Utah State Constitution'', New York, New York: Oxford University Press]
 +
* [http://www.amazon.com/Utah-State-Constitution-Reference-Constitutions/dp/0313293511 White, Jean Bickmore. (1998). ''Utah State Constitution: A Reference Guide'', Westport, Connecticut: Greenwood Publishing]
 +
* [http://www.amazon.com/Charter-Statehood-Constitution-Centennial-Series/dp/0874805295 White, Jean Bickmore. (1996). ''Charter for Statehood: The Story of Utah's State Constitution'', Salt Lake City, Utah: University of Utah]
 +
 
 +
==References==
 +
{{reflist}}
  
 
{{Utah Constitution}}
 
{{Utah Constitution}}
 +
{{State constitutions}}
 +
{{Utah}}

Latest revision as of 16:24, 11 April 2014

Utah Constitution
Flag of Utah.png
Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXVXVIXVIIXVIIIXXXXIIXXIIIXXIV
Article IV of the Utah Constitution is entitled Elections and Right of Suffrage and consists of ten sections.

Section 1

Text of Section 1:

Equal Political Rights

The rights of citizens of the State of Utah to vote and hold office shall not be denied or abridged on account of sex. Both male and female citizens of this State shall enjoy equally all civil, political and religious rights and privileges.[1]

Section 2

Text of Section 2:

Qualifications to Vote

Every citizen of the United States, eighteen years of age or over, who makes proper proof of residence in this state for thirty days next preceding any election, or for such other period as required by law, shall be entitled to vote in the election.[1]

Section 3

Text of Section 3:

Voters -- Immunity from arrest.

In all cases except those of treason, felony or breach of the peace, voters shall be privileged from arrest on the days of election, during their attendance at elections, and going to and returning therefrom.[1]

Section 4

Text of Section 4:

Voters -- Immunity from militia duty.

No voter shall be obliged to perform militia duty on the day of election except in time of war or public danger.[1]

Section 5

Text of Section 5:

Voters to be citizens of United States

No person shall be deemed a qualified voter of this State unless such person be a citizen of the United States.[1]

Section 6

Text of Section 6:

Mentally incompetent persons, convicted felons, and certain criminals ineligible to vote.

Any mentally incompetent person, any person convicted of a felony, or any person convicted of treason or a crime against the elective franchise, may not be permitted to vote at any election or be eligible to hold office in this State until the right to vote or hold elective office is restored as provided by statute.[1]

Section 7

Text of Section 7:

Property qualification forbidden

No property qualification shall be required for any person to vote or hold office.[1]

Section 8

Text of Section 8:

Election to be by secret ballot.

(1) All elections, including elections under state or federal law for public office, on an initiative or referendum, or to designate or authorize employee representation or individual representation, shall be by secret ballot.
(2) Nothing in this section may be construed to prevent the use of any machine or mechanical contrivance for the purpose of receiving and registering the votes cast at any election, as long as secrecy in voting is preserved.[1]

Section 9

Text of Section 9:

General and special elections -- Terms -- Election of local officers

(1) Each general election shall be held on the Tuesday next following the first Monday in November of each even-numbered year.
(2) Special elections may be held as provided by statute.
(3) The term of each officer, except legislator, elected at a general election shall commence on the first Monday in January next following the date of the election.
(4) The election of officers of each city, town, school district, and other political subdivision of the State shall be held at the time and in the manner provided by statute.[1]

Section 10

Text of Section 10:

Oath of Office

All officers made elective or appointive by this Constitution or by the laws made in pursuance thereof, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support, obey and defend the Constitution of the United States and the Constitution of this State, and that I will discharge the duties of my office with fidelity.["][1]

See also

StateConstitutions Ballotpedia.jpg

External links

BallotpediaAvatar bigger.png
Suggest a link

Additional reading

References