Utah State Constitutional Convention 1895 (2020 Edition)

Proceedings and Debates of the Convention Assembled to Adopt a Constitution for the State of Utah

Committee on Elections and Right of Suffrage

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Session 7454: 1895-03-13 10:00:00

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Proposition on the Rights of Suffrage, Elections, qualifications, and the Oath of Office [file no. 34]

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Proposition on the rights of suffrage, elections, qualifications, and the Oath of Office.

File No. 34

Introduced by I. C. Thoresen

Taken from Wyoming, California, and Idaho

Suffrage

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

Sec. 2. Every citizen of the United States who shall have become such not later than sixty days prior to any election of the people, of the age of twenty-one years and onwards, who has resided in this State or Territory one year, in any county or city thereof ninety days, and in the election precinct, therein such residence is located thirty days preceding such election, shall be entitled to vote at such election, except as hereinafter provided.

Sec. 3. Electors shall in all cases, except treason, felony or breach of the peace, be privileged from arrest on the days of election ... such attendance at elections, … to and returning therefrom : and no elector shall be obliged to perform military duty on the day of election, except in times of war or public danger.

Sec. 4. All ..,, ensure persons … ….not tried , prisoners and persons convicted of treason, felony, embezzlement or misappropriation of public funds, bartering or selling or offering to barter or sell, his vote, purchasing or offering to purchase the vote of another, gambling or offering to gamble on the results of any public elections, forcing, threatening, or using any other unlawful means to govern the vote of any elector, unless restored to civil rights, shall over exercise the privileges of an elector in the state.

Sec. 5. For the purpose of voting no person shall have gained or losses a residence by reason of his presence or absence while employed in the service of the United States or this State, nor while a student or any institution of learning nor while kept at any …-house, or other asylum at public expense, nor while detained in any prison.

Sec 6. All elections by the people shall be by secret ballot.

Sec. 7. Provisions shall be made by law for the registration of the names of all electors within each election precinct of which they are residents, and shall so entitle to the right of suffrage: and as will carry into effect all the provisions of this article.

Elections

Sec. 8. The general election for all state, county, city, school and precinct officers shall be held on Tuesday next after the first Monday in November of each even numbered year. The regular term of all elected officers shall commence on the second Monday in January next following their election.

Sec. 9. A plurality of votes given at any election by the people shall constitute a choice.

Art. 10. The Legislature shall pass laws, to secure the purity of elections, providing for special elections and for the election or appointment of all officers not provided for in this constitution.

Sec. 11. The returns of every election of state officers except the first, shall be sealed up marked “state election returns” and transmitted by the … boards directed to the speaker of the (H of R) Assembly, who shall during the first … of the session, open and publish them in the presence of a majority or both houses of the legislature. (This line seems to be crossed out). The person having the highest number of votes for each office, respectively, shall be declared only elected, but if any two or more person shall be highest and equal in the number of votes, for the same office, out of them shall be chosen by the joint voe of the majority of both houses of the legislature, for the several counties, cities, election precincts and polling places as they now exist in the Territory of Utah are hereby recognized as legal subdivisions of the state.

Sec. 13. The person except a qualified elector shall be elected or appointed any civil or military office in this state.

Sec. 14. Every civil officer shall, … removed according to law, exercise the duties of such office until his … is … ….

Sec 15. All civil officers in this state shall, before … … .. the … or their respective offices take .. … to the following oath or affirmation: “I solemnly … (of ...) that I will support, obey and honor the constitution of the United States and the constitution of the State of Utah and that I will faithfully discharge the duties of ________ according to the best of my ability that I have not, knowingly violated any election law of this state or procured it to be done by others in my .. that I will not knowingly receive, directly or indirectly any money or other valuable … for the performance of .. .. of any act or duty as pertaining to such office, other than the compensation allowed by law.”

Sec. 15. The .. oath after being taken and … by such officers shall … … … the office of the secretary of State, … of county and precinct officer with the county … and in cities with the city recorder, and any person shall be convicted of having sworn or … … falsely or of having violated said oath or ... , shall be guilty of perjury and be forever disqualified from holding any office of trust or profit (?) within this state.

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