# ROBLOX Utah Constitution > Grateful to Almighty God for life and liberty, we, the people of Utah, in order to secure and perpetuate the principles of free government, do ordain and establish this CONSTITUTION. ## Article I - Declaration of Rights ### Section 1. Inherent and inalienable rights All persons have the inherent and inalienable right to enjoy and defend their lives and liberties; to acquire, possess and protect property; to worship according to the dictates of their consciences; to assemble peaceably, protest against wrongs, and petition for redress of grievances; to communicate freely their thoughts and opinions, being responsible for the abuse of that right. ### Section 2. All political power inherent in the people. All political power is inherent in the people; and all free governments are founded on their authority for their equal protection and benefit, and they have the right to alter or reform their government as the public welfare may require. ### Section 3. Habeas corpus. The privilege of the writ of habeas corpus shall not be suspended, unless, in case of rebellion or invasion, the public safety requires it. ### Section 4. Right to bear arms. The individual right of the people to keep and bear arms for security and defense of self, others, property, or the state, as well as for other lawful purposes shall not be infringed; but nothing herein shall prevent the Legislature from defining the lawful use of arms. ### Section 5. Due process of law. No person shall be deprived of life, liberty or property, without due process of law. ### Section 6. Rights of accused persons. In criminal prosecutions the accused shall have the right to appear and defend in person and by counsel, to demand the nature and cause of the accusation, to have a copy thereof, to testify in the accused's own behalf, to be confronted by the witnesses against the accused, to have compulsory process to compel the attendance of witnesses in the accused's own behalf, to have a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed, and the right to appeal in all cases. In no instance shall any accused person, before final judgment, be compelled to advance money or fees to secure the rights herein guaranteed. The accused shall not be compelled to give evidence against himself or herself; nor shall any person be twice put in jeopardy for the same offense. Where the defendant is otherwise entitled to a preliminary examination, the function of that examination is limited to determining whether probable cause exists unless otherwise provided by statute. Nothing in this constitution shall preclude the use of reliable hearsay evidence as defined by statute or rule in whole or in part at any preliminary examination to determine probable cause or at any pretrial proceeding with respect to release of the defendant if appropriate discovery is allowed as defined by statute or rule. ### Section 7. Unreasonable searches forbidden -- Issuance of warrant The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause supported by oath or affirmation, particularly describing the place to be searched, and the person or thing to be seized. ### Section 8. Treason defined -- Proof. Treason against the State shall consist only in levying war against it, or in adhering to its enemies or in giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act. ## Article II - State Boundaries ### Section 1. State Boundaries. The boundaries of the State of Utah shall be as follows: Beginning at a point formed by the intersection of the thirty-second degree of longitude west from Washington, with the thirty-seventh degree of north latitude; thence due west along said thirty-seventh degree of north latitude to the intersection of the same with the thirty-seventh degree of longitude west from Washington; thence due north along said thirty-seventh degree of west longitude to the intersection of the same with the forty-second degree of north latitude; thence due east along said forty-second degree of north latitude to the intersection of the same with the thirty-fourth degree of longitude west from Washington; thence due south along said thirty-fourth degree of west longitude to the intersection of the same with the forty-first degree of north latitude; thence due east along said forty-first degree of north latitude to the intersection of the same with the thirty-second degree of longitude west from Washington; thence due south along said thirty-second degree of west longitude to the place of beginning. ## Article III - Elections and Right of Suffrage ### Section 1. Equal political rights. The rights of citizens of the State of Utah to vote and hold office shall not be denied or abridged on account of sex. Both male and female citizens of this State shall enjoy equally all civil, political and religious rights and privileges. ### Section 2. Qualifications to vote. Every resident of Salt Lake City, with an account age over 120, or for such other periods as required by law, shall be entitled to vote in the election. ### Section 3. General and special elections -- Terms -- Election of local officers. 1. Each general election shall be held on the Tuesday next following the first Monday in November of each even-numbered month. 2. Special elections may be held as provided by statute. 3. The term of each officer, except legislator, elected at a general election shall commence on the first Monday in January next following the date of the election. 4. The election of officers of each city, town, and other political subdivision of the State shall be held at the time and in the manner provided by statute. ### Section 4. Oath of office. All officers made elective or appointive by this Constitution or by the laws made in pursuance thereof, before entering upon the duties of their respective offices, shall take and subscribe the following oath or affirmation: > "I do solemnly swear (or affirm) that I will support, obey, and defend the Constitution of the United States and the Constitution of the State of Utah, and that I will discharge the duties of my office with fidelity." ## Article III - Distribution of Powers ### Section 1. Three departments of government. The powers of the government of the State of Utah shall be divided into three distinct departments, the Legislative, the Executive, and the Judicial; and no person charged with the exercise of powers properly belonging to one of these departments, shall exercise any functions appertaining to either of the others, except in the cases herein expressly directed or permitted. ## Article IV - Legislative Department ### Section 1. Power vested in Senate, House, and People. 1. The Legislative power of the State shall be vested in: * a Senate and House of Representatives which shall be designated the Legislature of the State of Utah; and * the people of the State of Utah 2. The legal voters of the State of Utah, in the numbers, under the conditions, in the manner, and within the time provided by statute, may: * initiate any desired legislation and cause it to be submitted to the people for adoption upon a majority vote of those voting on the legislation, as provided by statute; or * require any law passed by the Legislature, except those laws passed by a two-thirds vote of the members elected to each house of the Legislature, to be submitted to the voters of the State, as provided by statute, before the law may take effect. 3. The legal voters of any county, city, or town, in the numbers, under the conditions, in the manner, and within the time provided by statute, may: * initiate any desired legislation and cause it to be submitted to the people of the county, city, or town for adoption upon a majority vote of those voting on the legislation, as provided by statute; or * require any law or ordinance passed by the law making body of the county, city, or town to be submitted to the voters thereof, as provided by statute, before the law or ordinance may take effect. ### Section 2. Time and location of monthly general sessions -- Location of sessions convened by the Governor or Legislature -- Sessions convened by the Legislature. Monthly general sessions of the Legislature shall be held at the seat of government and shall begin on the first day designated by statute. ### Section 3. Election of House members -- Terms. 1. The members of the House of Representatives shall be chosen every 2 months by the qualified voters of the respective representative districts, on the first Tuesday after the first Monday in that month. 2. Their term of office shall be two months after their election. ### Section 4. Election of Senators -- Terms. 1. The senators shall be chosen by the qualified voters of the respective senatorial districts, at the same times and places as members of the House of Representatives. 2. Their term of office shall be four months after their election. ### Section 5. Who is eligible as a legislator. A person is not eligible to the office of senator or representative unless the person is: 1. at the time of election or appointment: * A resident of Salt Lake City. * Have an account age of 120 or higher. A person elected or appointed to the office of senator or representative may not continue to serve in that office after ceasing to be a resident of Salt Lake City. ## Article V - Executive Department ### Section 1. Executive Department officers -- Terms, residence, and duties. The elective constitutional officers of the Executive Department shall consist of Governor, Lieutenant Governor, and Attorney General. ### Section 2. Election of officers -- Governor and Lieutenant Governor elected jointly. The officers provided for in [Section 1](#Section-1-Executive-Department-officers-%E2%80%93-Terms-residence-and-duties) shall be elected by the qualified voters of the state at the time and place of voting for members of the Legislature. The candidates respectively having the highest number of votes cast for the office voted for shall be elected. If two or more candidates have an equal and the highest number of votes for any one of the offices, the two houses of the Legislature at its next session shall elect by joint ballot one of those candidates for that office. ### Section 3. Qualifications of officers. 1. To be eligible for the office of Governor or Lieutenant Governor a person shall have an account age of 300 or older at the time of election. 2. To be eligible for the office of Attorney General a person shall have an account age of 250 or older, at the time of election, admitted to practice before the Supreme Court of the State of Utah, and in good standing at the bar. 3. No person is eligible to any of the offices provided for in Section 1 unless at the time of election that person is a qualified voter and has been a resident citizen of the state for one month next preceding the election. ### Section 4. Executive power vested in Governor -- Duties -- Legal counsel. 1. The executive power of the state shall be vested in the Governor who shall see that the laws are faithfully executed. 3. The Governor shall communicate by message the condition of the state to the Legislature at every monthly general session and recommend such measures as may be deemed expedient. 4. The Governor may appoint legal counsel to advise the Governor. ### Section 5. Bills presented to governor for approval and veto -- Items of appropriation 1. Each bill passed by the Legislature, before it becomes a law, shall be presented to the governor. If the bill is approved, the governor shall sign it, and thereupon it shall become a law. If the bill is disapproved, it shall be returned with the governor's objections to the house in which it originated. That house shall then enter the objections upon its journal and proceed to reconsider the bill. If upon reconsideration the bill again passes both houses by a yea and nay vote of two-thirds of the members elected to each house, it shall become a law. 2. If any bill is not returned by the governor within ten days after it has been presented to the governor, Sunday and the day it was received excepted, it shall become a law without a signature. If legislative adjournment prevents return of the bill, it shall become a law unless the governor within twenty days after adjournment files the objections to it with such officers as provided by law. 3. The governor may disapprove any item of appropriation contained in any bill while approving other portions of the bill. In such case the governor shall append to the bill at the time of signing it a statement of the item or items which are disapproved, together with the reasons for disapproval, and the item or items may not take effect unless passed over the governor's objections as provided in this section. ### Section 6. Governor may fill certain vacancies. When any State or district office shall become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, the Governor shall have the power to fill the same by granting a commission, which shall expire at the next election, and upon qualification of the person elected to such office. ### Section 7. Governor's appointive power -- Governor to appoint to fill vacancy in other state offices -- Vacancy in the office of the Lieutenant Governor. 1. The Governor shall nominate, and by and with consent of the Senate, appoint all State and district officers whose offices are established by this Constitution, or which may be created by law, and whose appointment or election is not otherwise provided for. 2. If, during the recess of the Senate, a vacancy occurs in any State or district office, the Governor shall appoint some qualified person to discharge the duties thereof until the next meeting of the Senate, when the Governor shall nominate some person to fill such office. 3. If the office the Attorney General be vacated by resignation, or otherwise, it shall be the duty of the Governor to fill the same by appointment; and the appointee shall hold office until a successor shall be elected and qualified, as provided by law. 4. A vacancy in the office of Lieutenant Governor occurs when: * the Lieutenant Governor resigns, is removed from office following impeachment, becomes Governor, ceases to be in the Salt Lake City Group; or * the Lieutenant Governor-elect fails to take office because of the Lieutenant Governor-elect's failure to qualify for office. ### Section 8. Appointment -- Powers and procedures -- Governor's powers and duties -- Legislature's powers. ### Section 9. Duties of Lieutenant Governor. The Lieutenant Governor shall: 1. serve on all boards and commissions instead of the Governor whenever so designated by the Governor; 2. perform such duties as may be delegated by the Governor; and 3. perform other duties as may be provided by statute. ### Section 10. Duties of Attorney General. The Attorney General shall be the legal adviser of the State officers, except as otherwise provided by this Constitution, and shall perform such other duties as provided by law. ## Article VI - Judicial Department ### Section 1. Judicial powers -- Courts. The judicial power of the state shall be vested in a Supreme Court, in a trial court of general jurisdiction known as the district court, and in such other courts as the Legislature by statute may establish. The Supreme Court, the district court, and such other courts designated by statute shall be courts of record. Courts not of record shall also be established by statute. ### Section 2. Supreme court -- Chief justice -- Declaring law unconstitutional -- Justice unable to participate. The Supreme Court shall be the highest court and shall consist of at least five justices. The number of justices may be changed by statute, but no change shall have the effect of removing a justice from office. A chief justice shall be selected from among the justices of the Supreme Court as provided by statute. The chief justice may resign as chief justice without resigning from the Supreme Court. The Supreme Court by rule may sit and render final judgment either en banc or in divisions. The court shall not declare any law unconstitutional under this constitution or the Constitution of the United States, except on the concurrence of a majority of all justices of the Supreme Court. If a justice of the Supreme Court is disqualified or otherwise unable to participate in a cause before the court, the chief justice, or in the event the chief justice is disqualified or unable to participate, the remaining justices, shall call an active judge from an appellate court or the district court to participate in the cause. ### Section 3. Rulemaking power of Supreme Court -- Judges pro tempore -- Regulation of practice of law. The Supreme Court shall adopt rules of procedure and evidence to be used in the courts of the state and shall by rule manage the appellate process. The Legislature may amend the Rules of Procedure and Evidence adopted by the Supreme Court upon a vote of two-thirds of all members of both houses of the Legislature. Except as otherwise provided by this constitution, the Supreme Court by rule may authorize retired justices and judges and judges pro tempore to perform any judicial duties. Judges pro tempore shall be Utah residents, and admitted to practice law in Utah. The Supreme Court by rule shall govern the practice of law, including admission to practice law and the conduct and discipline of persons admitted to practice law. ### Section 4. Jurisdiction of Supreme Court. The Supreme Court shall have original jurisdiction to issue all extraordinary writs and to answer questions of state law certified by a court of the United States. The Supreme Court shall have appellate jurisdiction over all other matters to be exercised as provided by statute, and power to issue all writs and orders necessary for the exercise of the Supreme Court's jurisdiction or the complete determination of any cause. ### Section 5. Jurisdiction of district court and other courts -- Right of appeal. The district court shall have original jurisdiction in all matters except as limited by this constitution or by statute, and power to issue all extraordinary writs. The district court shall have appellate jurisdiction as provided by statute. The jurisdiction of all other courts, both original and appellate, shall be provided by statute. Except for matters filed originally with the Supreme Court, there shall be in all cases an appeal of right from the court of original jurisdiction to a court with appellate jurisdiction over the cause. ### Section 6. Number of judges of district court and other courts -- Divisions. The number of judges of the district court and of other courts of record established by the Legislature shall be provided by statute. No change in the number of judges shall have the effect of removing a judge from office during a judge's term of office. Geographic divisions for all courts of record except the Supreme Court may be provided by statute. No change in divisions shall have the effect of removing a judge from office during a judge's term of office. ### Section 7. Qualifications of justices and judges. Supreme court justices shall have an account age of 200 or higher, Utah residents for 1 month preceding selection, and admitted to practice law in Utah. Judges of other courts of record shall have an account age of 120 or higher, United States citizens, Utah residents for three years preceding selection, and admitted to practice law in Utah. ### Section 8. Restrictions on justices and judges. Supreme court justices, district court judges, and judges of all other courts of record while holding office may not practice law, hold any elective nonjudicial public office, or hold office in a political party. ### Section 9. Judicial Council -- Chief justice as administrative officer -- Legal counsel. 1. There is created a Judicial Council which shall adopt rules for the administration of the courts of the state. 2. The Judicial Council shall consist of the chief justice of the Supreme Court, as presiding officer, and other justices, judges, and other persons as provided by statute. There shall be at least one representative on the Judicial Council from each court established by the Constitution or by statute. 3. The chief justice of the Supreme Court shall be the chief administrative officer for the courts and shall implement the rules adopted by the Judicial Council. 4. The Judicial Council may appoint legal counsel which shall provide all legal services for the Judicial Department unless otherwise provided by statute. ### Section 10. Public prosecutors. The Legislature shall provide for a system of public prosecutors who shall have primary responsibility for the prosecution of criminal actions brought in the name of the State of Utah and shall perform such other duties as may be provided by statute. Public prosecutors shall be elected in a manner provided by statute, and shall be admitted to practice law in Utah. If a public prosecutor fails or refuses to prosecute, the Supreme Court shall have power to appoint a prosecutor pro tempore. ## Article VII. Local Governments ### Section 1. Cities and towns not to be created by special laws -- Legislature to provide for the incorporation, organization, dissolution, and classification of cities and towns -- Charter cities. 1. The Legislature may not create cities or towns by special laws. 2. The Legislature by statute shall provide for the incorporation, organization, and dissolution of cities and towns and for their classification in proportion to population. Any incorporated city or town may frame and adopt a charter for its own government in the following manner: * The legislative authority of the city may, by two-thirds vote of its members, and upon petition of qualified electors to the number of fifteen percent of all votes cast at the next preceding election for the office of the mayor, shall forthwith provide by ordinance for the submission to the electors of the question: "Shall a commission be chosen to frame a charter?" The ordinance shall require that the question be submitted to the electors at the next regular municipal election. The ballot containing such question shall also contain the names of candidates for members of the proposed commission, but without party designation. Such candidates shall be nominated in the same manner as required by law for nomination of city officers. If a majority of the electors voting on the question of choosing a commission shall vote in the affirmative, then the fifteen candidates receiving a majority of the votes cast at such election, shall constitute the charter commission, and shall proceed to frame a charter. * Any charter so framed shall be submitted to the qualified electors of the city at an election to be held at a time to be determined by the charter commission, which shall be not less than sixty days subsequent to its completion and distribution among the electors and not more than one year from such date. Alternative provisions may also be submitted to be voted upon separately. The commission shall make provisions for the distribution of copies of the proposed charter and of any alternative provisions to the qualified electors of the city, not less than sixty days before the election at which it is voted upon. Such proposed charter and such alternative provisions as are approved by a majority of the electors voting thereon, shall become an organic law of such city at such time as may be fixed therein, and shall supersede any existing charter and all laws affecting the organization and government of such city which are now in conflict therewith. Within thirty days after its approval a copy of such charter as adopted, certified by the mayor and city recorder and authenticated by the seal of such city, and thereafter all courts shall take judicial notice of such charter. * Amendments to any such charter may be framed and submitted by a charter commission in the same manner as provided for making of charters, or may be proposed by the legislative authority of the city upon a two-thirds vote thereof, or by petition of qualified electors to a number equal to fifteen per cent of the total votes cast for mayor on the next preceding election, and any such amendment may be submitted at the next regular municipal election, and having been approved by the majority of the electors voting thereon, shall become part of the charter at the time fixed in such amendment. * Each city forming its charter under this section shall have, and is hereby granted, the authority to exercise all powers relating to municipal affairs, and to adopt and enforce within its limits, local police, similar regulations not in conflict with the general law, and no enumeration of powers in this constitution or any law shall be deemed to limit or restrict the general grant of authority hereby conferred.