Editor’s note: With two constitutional amendments on the Nov. 8 election ballot, in the interest of keeping local voters informed, the Morning Sun is publishing the explanatory statements for the proposed amendments as they will appear on the ballot, along with the language of the amendments, which is shown in italics below.
Question 1 Submitted:
Constitutional Amendment — Vote Yes or No
Explanatory statement. The purpose of this amendment is to provide the legislature with oversight of state executive branch agencies and officials by providing the legislature authority to establish procedures to revoke or suspend rules and regulations.
A vote for this proposition would allow the legislature to establish procedures to revoke or suspend rules and regulations that are adopted by state executive branch agencies and officials that have the force and effect of law.
A vote against this proposition would allow state executive branch agencies and officials to continue adopting rules and regulations that have the force and effect of law without any opportunity for the legislature to directly revoke or suspend such rules and regulations.
Shall the following be adopted?
§ 17. Legislative oversight of administrative rules and regulations. Whenever the legislature by law has authorized any officer or agency within the executive branch of government to adopt rules and regulations that have the force and effect of law, the legislature may provide by law for the revocation or suspension of any such rule and regulation, or any portion thereof, upon a vote of a majority of the members then elected or appointed and qualified in each house.
Question 2 Submitted:
Constitutional Amendment — Vote Yes or No
Explanatory statement. This amendment would preserve the right of citizens of each county that elected a county sheriff as of January 11, 2022, to continue electing the county sheriff. The amendment would also provide that a county sheriff only may be involuntarily removed from office pursuant to either a recall election or a writ of quo warranto initiated by the attorney general.
A vote for this proposition would preserve the right of citizens of each county that elected a county sheriff as of January 11, 2022, to continue electing the county sheriff via popular vote. The amendment would also direct that a county sheriff only may be involuntarily removed from office pursuant to either a recall election or a writ of quo warranto initiated by the attorney general.
A vote against this proposition would not make any changes to the constitution and would retain current law concerning the election of a sheriff and the procedures for involuntary removal of a sheriff from office.
Shall the following be adopted?
§ 2. County and township officers. (a) Except as provided in subsection (b), each county shall elect a sheriff for a term of four years by a majority of the qualified electors of the county voting thereon at the time of voting designated for such office pursuant to law in effect on January 11, 2022, and every four years thereafter.
(b) The provisions of subsection (a) shall not apply to a county that abolished the office of sheriff prior to January 11, 2022. Such county may restore the office of sheriff as provided by law and such restoration shall be irrevocable. A county that restores the office of sheriff shall elect a sheriff by a majority of the qualified electors of the county voting thereon for a term of four years. Such sheriff shall have such qualifications and duties as provided by law. The time of voting for the office of sheriff may be provided for by the legislature pursuant to section 18 of article 2 of this constitution.
(c) The filling of vacancies and the qualifications and duties of the office of sheriff shall be as provided by law.
(d) The legislature shall provide for such other county and township officers as may be necessary.
§ 5. Removal of officers. (a) Except as provided in subsection (b), all county and township officers may be removed from office, in such manner and for such cause, as shall be prescribed by law.
(b) A county sheriff only may be involuntarily removed from office by recall election pursuant to section 3 of article 4 of this constitution or a writ of quo warranto initiated by the attorney general.
