2006 Ballot Issue
THE COMPLETE TEXT OF CONSTITUTIONAL AMENDMENT NO. 43
(C-43)
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section
1. Article IV, section 8, of The Constitution of the State of
Montana is amended to read:
"Section 8. Limitation on terms of office. (1) The
secretary of state or other authorized official shall not certify a candidate's
nomination or election to, or print or cause to be printed on any ballot the
name of a candidate for, one of the following offices if, at the end of the
current term of that office, the candidate will have served in that office or
had he not resigned or been recalled would have served in that office:
(a) 8
or more years in any 16-year period as governor, lieutenant governor, secretary
of state, state auditor insurance commissioner, attorney general,
or superintendent of public instruction;
(b) 8
or more years in any 16-year period as a state representative;
(c) 8
or more years in any 16-year period as a state senator;
(d) 6
or more years in any 12-year period as a member of the U.S. house of
representatives; and
(e) 12
or more years in any 24-year period as a member of the U.S. senate.
(2) When
computing time served for purposes of subsection (1), the provisions of
subsection (1) do not apply to time served in terms that end during or prior to
January 1993.
(3) Nothing
contained herein shall preclude an otherwise qualified candidate from being
certified as nominated or elected by virtue of write-in votes cast for said
candidate."
Section
2. Article VI, section 1, of The Constitution of the State of
Montana is amended to read:
"Section 1. Officers.
(1) The executive branch includes a governor, lieutenant governor,
secretary of state, attorney general, superintendent of public instruction, and
auditor insurance commissioner.
(2) Each
holds office for a term of four years which begins on the first Monday of January
next succeeding election, and until a successor is elected and qualified.
(3) Each
shall reside at the seat of government, there keep the public records of his
office, and perform such other duties as are provided in this constitution and
by law."
Section
3. Article VI, section 2, of The Constitution of the State of
Montana is amended to read:
"Section 2. Election.
(1) The governor, lieutenant governor, secretary of state, attorney general,
superintendent of public instruction, and auditor insurance commissioner
shall be elected by the qualified electors at a general election provided by
law.
(2) Each
candidate for governor shall file jointly with a candidate for lieutenant
governor in primary elections, or so otherwise comply with nomination
procedures provided by law that the offices of governor and lieutenant governor
are voted upon together in primary and general elections."
Section
4. Article VI, section 3, of The Constitution of the State of
Montana is amended to read:
"Section 3. Qualifications.
(1) No person shall be eligible to the office of governor,
lieutenant governor, secretary of state, attorney general, superintendent of
public instruction, or auditor insurance commissioner
unless he is 25 years of age or older at the time of his election. In addition,
each shall be a citizen of the United States who has resided within the state
two years next preceding his election.
(2) Any
person with the foregoing qualifications is eligible to the office of attorney
general if an attorney in good standing admitted to practice law in Montana who
has engaged in the active practice thereof for at least five years before
election.
(3) The
superintendent of public instruction shall have such educational qualifications
as are provided by law."
Section
5. Article VI, section 4, of The Constitution of the State of
Montana is amended to read:
"Section 4. Duties.
(1) The executive power is vested in the governor who shall see that
the laws are faithfully executed. He shall have such other duties as are
provided in this constitution and by law.
(2) The
lieutenant governor shall perform the duties provided by law and those
delegated to him by the governor. No power specifically vested in the governor
by this constitution may be delegated to the lieutenant governor.
(3) The
secretary of state shall maintain official records of the executive branch and
of the acts of the legislature, as provided by law. He shall keep the great
seal of the state of Montana and perform any other duties provided by law.
(4) The
attorney general is the legal officer of the state and shall have the duties
and powers provided by law.
(5) The
superintendent of public instruction and the auditor insurance commissioner
shall have such duties as are provided by law."
Section
6. Article VI, section 6, of The Constitution of the State of
Montana is amended to read:
"Section 6. Vacancy
in office. (1) If the office of lieutenant governor becomes
vacant by his succession to the office of governor, or by his death,
resignation, or disability as determined by law, the governor shall appoint a
qualified person to serve in that office for the remainder of the term. If both
the elected governor and the elected lieutenant governor become unable to serve
in the office of governor, succession to the respective offices shall be as
provided by law for the period until the next general election. Then, a
governor and lieutenant governor shall be elected to fill the remainder of the
original term.
(2) If
the office of secretary of state, attorney general, auditor insurance
commissioner, or superintendent of public instruction becomes vacant by
death, resignation, or disability as determined by law, the governor shall
appoint a qualified person to serve in that office until the next general
election and until a successor is elected and qualified. The person elected to
fill a vacancy shall hold the office until the expiration of the term for which
his predecessor was elected."
Section
7. Article VI, section 7, of The Constitution of the State of
Montana is amended to read:
"Section 7. 20
departments. All executive and administrative offices, boards, bureaus,
commissions, agencies and instrumentalities of the executive branch (except for
the office of governor, lieutenant governor, secretary of state, attorney
general, superintendent of public instruction, and auditor insurance
commissioner) and their respective functions, powers, and duties, shall
be allocated by law among not more than 20 principal departments so as to
provide an orderly arrangement in the administrative organization of state
government. Temporary commissions may be established by law and need not be
allocated within a department."
Section
8. Article X, section 4, of The Constitution of the State of
Montana is amended to read:
"Section 4. Board
of land commissioners. The governor, superintendent of public instruction, auditor
insurance commissioner, secretary of state, and attorney general
constitute the board of land commissioners. It has the authority to direct,
control, lease, exchange, and sell school lands and lands which have been or
may be granted for the support and benefit of the various state educational
institutions, under such regulations and restrictions as may be provided by
law."
Section
9. Submission to electorate. This amendment shall be submitted
to the qualified electors of Montana at the general election to be held in
November 2006 by printing on the ballot the full title of this act and the
following:
[ ] FOR changing the name of the state auditor to the insurance commissioner.
[ ] AGAINST changing the name of the state auditor to the insurance
commissioner.
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