Qualification Article VI

[Editor’s note: In the scans this is labeled Article VI, however this is determined to be File No. 5, due to the side label of “qualifications”. Also, in the “Index” files “Qualifications” are under File No. 5.]

Sec I Of impeachment and removal from office The House of Representatives shall have the sole power of impeachment. All impeachments shall be tried by the Senate, when sitting for that purpose the Senators shall be upon oath or affirmation. No person shall be convicted without the concurrence of two thirds of the Senators present and voting for conviction.

Sec II

The Governor, and all other civil officers shall be liable to impeachment for any misdemeanor in office; but judgement in such cases shall not extend further them to removal from office and disqualification to hold any office under this State; the person accused whether convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment and punishment according to law as in other cases.

Sec III

All officers shall hold their offices on the con-dition that they behave themselves well while in office and shall be removeable on conviction of misbehavior in office or on the conviction of any infamous crime. Appointed officers, other than Judges of the courts of record and the superintendant of public instruction may be removed at the pleasure of the power by which they shall have been appointed.

Sec IV

All officers elected by the people, except Governor Lieutenant Governor, members of their Legislature and Judges of the Courts of record learned in the law, shall be removed by the Governor for re-asonable course, after due notice and full hearing, on the address of two thirds of the Senate.

Sec V of the Oath of Office

The Governor, Lieutenant Governor members of the Senate and House of Representatives, Judges and all State and County officers, before enter-ing on the dutires of their respective offices shall take and subscribe the following oath or affirm-ations “I do solemnly swear (or affirm) that I will support, obey and defend The Constitu-tion of the United States, and the Constitution of this State, that I will discharge the duties of the office on which I am about to enter with fidelity; I further swear (or affirm) that I have and paid or contributed, or promised to pay or contribute or counselor procured to be paid or contributed either directly or indirectly, any money or other valuable thing, to procure my nomination or election, (or appointment) except for necessary or proper xpress xpressly authorized by law; that I have not knowingly violated any election law of the State, or procured it to be done by others in my behalf; that I will not knowingly receive, directly or indirectly, any money or other valuable thing for the performance or nonperformance of any act or duty pertaining to my office, other than the compensation allowed by law So help me God (or in the case of our affirm-ation and this I do under the pairs and penalties of perjury. The foregoing oath or affirmation, and in the care of State officers and Judges of the Supreme Court shall be filed in the office of the Secretary of State and in County officers in the office of the Clerk of the Courts and any person who shall refuse to take the said oath, or affirmation shall forfeit his office, and any officer or person elected to any office who shall the convicted of having sworn or affirmed fairly in such matter shall be deemed guilty of perjury shall be disqualified from holding any office of trust or profit within this State. The oath of the members of the Legislature shall be administered by one of the Judges of the Supreme Court.

• Qualifications for Office [File No. 5, Committee on Elections, Rights of Suffrage, and Qualifications to Office] (introduced on 1889-09-06 10:00:00 - CREATE_FROM - e660697) [This document] [view current proposal at this moment]
  • None (introduced on 1889-09-24 00:00:00 - REPORT_PROPOSAL - e667958) [view current proposal at this moment]