State of Arizona Senate Forty-third Legislature First Regular Session 1997 SENATE CONCURRENT RESOLUTION 1008
VERSION: Introduced January 23, 1997 Gnant
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 1992 HOUSE CONCURRENT RESOLUTION 2001 DESIGNATED AS BALLOT PROPOSITION 100; AMENDING ARTICLE VII, SECTION 7 AND ARTICLE VIII, PART 1, SECTION 4, CONSTITUTION OF ARIZONA; COMBINING MULTIPLE ENACTMENTS; RELATING TO ELECTION OF CERTAIN STATE OFFICERS.
TEXT:
Be it resolved by the Senate of the State of Arizona, the House of Representatives 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 lengths 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, 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. <<+ EXCEPT AS PROVIDED BY ARTICLE VII, SECTION 7, +>> 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. 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 1992 house concurrent resolution 2001 designated as ballot proposition 100, is proposed to be repealed if approved by the voters and on proclamation of the Governor.
3. Article VII, section 7, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor: 7. Highest number of votes received as determinative of person elected; special election
Section 7. A. <<+ EXCEPT AS PROVIDED IN SUBSECTION B, +>> in all elections held by the people in this state, the person, or persons, receiving the highest number of legal votes shall be declared elected.
<<+ B. IN ALL ELECTIONS HELD BY THE PEOPLE IN THIS STATE, THE VOTERS SHALL HAVE THE OPPORTUNITY TO SELECT "NONE OF THE ABOVE". IF MORE VOTES ARE CAST FOR "NONE OF THE ABOVE" THAN FOR THE PERSON OR PERSONS RECEIVING THE HIGHEST NUMBER OF LEGAL VOTES, A SPECIAL ELECTION SHALL BE HELD AS PRESCRIBED BY LAW. A CANDIDATE WHOSE NAME APPEARED ON THE BALLOT IN THE ORIGINAL ELECTION IS NOT ELIGIBLE TO RUN IN THE SPECIAL ELECTION. +>>
4. Article VIII, part 1, section 4, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor: 4. Special election; candidates; results; qualification of successor
Section 4. Unless the incumbent otherwise requests, in writing, the incumbent's name shall be placed as a candidate on the official ballot without nomination. Other candidates for the office may be nominated to be voted for at said election. <<+ EXCEPT AS PROVIDED BY ARTICLE VII, SECTION 7, +>> the candidate who receives the highest number of votes shall be declared elected for the remainder of the term. Unless the incumbent receives the highest number of votes, the incumbent shall be deemed to be removed from office, upon qualification of the successor. In the event that the successor shall not qualify within five days after the result of <<- said ->> <<+ THE +>> election <<- shall have been ->> <<+ IS +>> declared, the said office shall be vacant, and may be filled as provided 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.