February 7, 2000

Mr. Speaker:

Your JUDICIARY COMMITTEE, to whom has been referred

HOUSE JOINT RESOLUTION 4

has had it under consideration and reports same with recommendation that it DO PASS, amended as follows:

1. On page 1, line 11, strike "ARTICLES 5 and 7 OF".

2. On page 2, strike lines 9 through 17 and insert in lieu thereof:

""All elections shall be by ballot. [and] Except as provided in Subsection A, B or C of this section, the person who receives the highest number of votes for any office, except in the cases of the offices of governor and lieutenant governor, shall be declared elected thereto. The joint candidates receiving the highest number of votes for the offices of governor and lieutenant governor shall be declared elected to those offices, except as provided in Subsection A of this section.

A. The legislature may, by law, provide for runoff elections for non-municipal officers.

B. A municipality that has not adopted a charter pursuant to Article 10, Section 6 of this constitution may, by ordinance, provide for runoff elections.

C. A municipality that has adopted a charter pursuant to Article 10, Section 6 of this constitution may provide for runoff

elections by a charter amendment adopted by a majority of the qualified electors voting on the question in a regular municipal election held after the effective date of this subsection."".

Respectfully submitted,

R. David Pederson, Chairman

Adopted Not Adopted

(Chief Clerk) (Chief Clerk)

The roll call vote was 5 For 4 Against

Yes: 5

No: Godbey, Mallory, Thompson, Vaughn

Excused: Luna, Rios, Sanchez

Absent: None

.132318.1

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