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REFERENCE TITLE: lieutenant governor; joint candidacy |
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State of Arizona House of Representatives Fifty-fifth Legislature First Regular Session 2021
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HCR 2020 |
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Introduced by Representatives Nutt: Blackman, Bolding, Bolick, Bowers, Burges, Carroll, Chaplik, Chávez, Cobb, Friese, Grantham, Griffin, John, Kaiser, Kavanagh, Longdon, Nguyen, Osborne, Payne, Pingerelli, Roberts, Sierra, Toma, Udall, Weninger, Wilmeth, Senators Barto, Livingston
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A CONCURRENT RESOLUTION
proposing an amendment to the constitution of Arizona; amending article V, section 1, constitution of Arizona, as amended by a 1992 initiative measure DESIGNATED as ballot proposition 107; repealing article V, section 1, CONSTITUTION of Arizona, as amended by 1991 house concurrent resolution 2001 designated as ballot proposition 100; amending article V, sections 6 and 9, constitution of Arizona; relating to the executive department.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:
1. Article V, section 1, Constitution of Arizona, as amended by a 1992 initiative measure designated as ballot proposition 107, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
1. Term limits on executive department and state officers; term lengths; election; residence and office at seat of government; duties
Section 1. A. The executive department shall consist of the governor, lieutenant 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 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 number of votes for the office 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. Not later than one hundred days before the general election unless the legislature prescribes otherwise by statute, each nominee for the office of governor shall name a lieutenant governor nominee and shall run on a ticket as a joint candidate in the general election with that nominee for the office of lieutenant governor. The name of the nominee for lieutenant governor shall appear on the ballot with or below the name of the joint nominee for governor in a manner that indicates they are running on a ticket as joint candidates. At the general election, a single vote for a nominee for governor shall constitute a vote for that nominee's ticket, including the nominee for lieutenant governor. For any winning candidate for governor at the general election, that winning candidate's joint candidate for lieutenant governor is the winning candidate for lieutenant governor.
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.
2. Article V, section 1, Constitution of Arizona, as amended by 1991 house concurrent resolution 2001 designated as ballot proposition 100, 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 1991 house concurrent resolution 2001 designated as ballot proposition 100, relating to the executive department, is repealed.
3. Article V, section 6, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
6. Death, resignation, removal or incapacity of governor; succession to office; impeachment, absence from state or temporary incapacity
Section 6. A. In the event of the death of the governor, or his the governor's resignation, removal from office, or permanent disability incapacity to discharge the duties of the office, the secretary of state, if holding by election, lieutenant governor shall succeed to the office of governor until his the governor's successor shall be elected and shall qualify, and on succeeding to the office of governor, that new governor shall appoint a person to serve as lieutenant governor, subject to approval by a majority vote of the members of the state senate, unless both the governor and lieutenant governor die, resign, are removed from office or are permanently incapacitated from discharging the duties of office within seven days of one another. In that event, if the secretary of state be holding by election, the SECRETARY of state shall succeed to the office of governor, and 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. For any other vacancy in the office of lieutenant governor, the governor shall appoint a person to serve as lieutenant governor, subject to approval by a majority vote of the members of the state senate.
B. 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 the person 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 on taking the oath of office.
C. In the event of the impeachment of the governor, his the governor's absence from the state, or other temporary disability incapacity to discharge the duties of the office, the powers and duties of the office of governor shall devolve upon on the same person as in case of vacancy, but only until the disability incapacity ceases.
4. Article V, section 9, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
9. Powers and duties of state officers
Section 9. The powers and duties of the lieutenant governor either shall be to supervise and direct the department of administration or its successor agency or those other duties as directed by the governor, or both, and the powers and duties of the secretary of state, state treasurer, attorney‑general, attorney general and superintendent of public instruction shall be as prescribed by law.
5. Applicability
This proposition applies beginning with elections for the term of office that starts in 2027.
6. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.