Ballot Measures

Constitutional Amendment B Resolution Regarding Eligibility For Legislative Office

Description:

Shall The Utah Constitution Be Amended To:

* Specify The Residency Requirements For A Person Appointed To Fill A Vacancy In The Office Of State Senator Or State Representative; And

* Prohibit A Person Appointed To The Office Of State Senator Or State Representative From Continuing To Serve In That Office If The Person Ceases To Be A Resident Of The District For Which The Person Was Appointed?

Constitutional Amendment B Modifies A Provision Of The Utah Constitution Regarding Eligibility Requirements For The Office Of State Senator Or State Representative. The Amendment Requires A Person Appointed To Fill A Mid-Term Vacancy In One Of Those Offices To Be A Resident Of The State For Three Consecutive Years Immediately Before Appointment And A Resident Of The Legislative District For Six Consecutive Months Immediately Before Appointment. The Amendment Also Prohibits A Person Appointed To Fill A Vacancy In A Legislative Office From Continuing To Serve In Office After Ceasing To Be A Resident Of The District For Which The Person Was Appointed. Current Provisions Of The Utah Constitution The Utah Constitution Currently States That A Person Is Not Eligible For The Office Of State Senator Or Representative Unless The Person Meets Certain Requirements, Including Residency Requirements. The Residency Requirements Are That A Person Must Be A Resident Of The State For Three Consecutive Years Immediately Before The Deadline For Filing For Office And A Resident Of The District From Which The Person Is Elected For Six Consecutive Months Immediately Before The Filing Deadline. The Requirement To Be A Resident Of The State For Three Years Is Phrased In Terms That May Apply To Both A Person Who Is Elected To Office And A Person Who Is Appointed To Fill A Mid-Term Vacancy. The Requirement To Be A Resident Of The Legislative District For Six Months Is Phrased In Terms That Apply Only To A Person Who Is Elected To Office. The Utah Constitution Also Prohibits A Person Who Is Elected To A Legislative Office From Continuing To Serve In That Office After Ceasing To Be A Resident Of The District From Which The Person Was Elected. This Provision Is Phrased In Terms That Apply Only To A Person Who Is Elected To Office And Not To A Person Who Is Appointed To Fill A Mid-Term Vacancy. Effect Of Constitutional Amendment B Constitutional Amendment B Specifically Addresses Residency Requirements For A Person Who Is Appointed To Fill A Midterm Vacancy In A Legislative Office. The Amendment Requires A Person Appointed To Fill A Vacancy To Be A Resident Of The State For Three Consecutive Years Immediately Before The Person'S Appointment And A Resident Of The Legislative District For Six Consecutive Months Immediately Before The Person'S Appointment. The Amendment Also Prohibits A Person Appointed To Fill A Vacant Legislative Office From Continuing To Serve In That Office If The Person Ceases To Be A Resident Of The District For Which The Person Was Appointed. Effective Date If Approved By Voters, Constitutional Amendment B Takes Effect January 1, 2011. Fiscal Impact Constitutional Amendment B Will Have No Direct, Measurable Impact On State Or Local Government Costs Or Revenues.

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