EXECUTIVE

Section 1. The executive department shall consist of governor, secretary of state, state auditor, state treasurer, attorney general, and superintendent of public instruction, each of whom shall hold his office for two years beginning on the first Monday of January next after his election, except that the terms of office of those elected at the first election shall begin when the state shall be admitted into the Union, and shall end on the first Monday in January, A. D. 1913, or when their successors are elected and qualified.

The persons, respectively, having the highest number of votes cast for the office voted for, shall be elected; but if two or more persons shall have an equal and the highest number of votes for any one of said offices, the two Houses of the Legislature at its next regular session shall elect forthwith, by joint ballot, one of such persons for said office.

The officers of the executive department during their terms of office shall reside at the seat of government, where they shall keep the public records, books and papers. They shall perform such duties as are prescribed by this Constitution and as may be prescribed by law.

Section 2. No person shall be eligible to any of the offices mentioned in Section one of this article except a person of the age of not less than twenty-five years and who shall have been for ten years next preceeding his election a citizen of the United States and for five years next preceeding his election a citizen of this state.

Section 3. The governor shall be commander in chief of the military forces of the state, except when they shall be called into the service of the United States.

Sec. 4. The governor shall transact all executive business with the officers of the government, civil and military and may require information in writing from the officers in the executive department, upon any subject relating to the duties of their respective offices. He shall take care that the law be faithfully executed. He may convene the legislature in extraordinary session. He shall communicate, by message, to the legislature at every session the condition of the state and recommend such matters as he shall deem expedient.

Sec. 5. The governor shall have power to grant reprieves, commutation and pardons after convictions for all offenses except treason and cases of impeachment upon such conditions and with such restrictions and limitations as may be provided by law.

Sec. 6. In case of the impeachment of the governor or his removal from office, death, inability to discharge the duties of his office, resignation or absence from the state, the powers and duties of the office shall devolve upon the secretary of state during the remainder of the term or until the disability ceases, or until the next general election.

Sec. 7. Every bill passed by the legislature, before it becomes a law, shall be presented to the governor. If he approves, he shall sign it and thereupon it shall become a law; but if he disapproves it, he shall return it with his objections to the House in which it originated which shall enter the objection at large upon the Journal. If, after reconsideration, it again passes both houses by a aye and nay vote or two-thirds, of the members elected to each house, it shall become a law, notwithstanding the governor's objections.

If any bill be not returned within five days after it shall have been presented to him (Sundays excepted) the same shall become a law in like manner as if he had signed it, unless the Legislature by its final adjournment prevents such return, in which case it shall be filed with his objections in the office of the secretary of state within ten days after such adjournment (Sundays excepted) or become a law.

If any bill presented to the governor contains several items of appropriations of money, he may object to one or more of such items, while approving other portions of the bill. In such case he shall append to the bill at the time of signing it a statement of the item or items which he declines to approve, together with his reasons therefor, and such item or items shall not take effect unless passed over the governor's objection as in this section provided.

The veto power of the governor shall not extend to any bill passed by the legislature and referred to the people for adoption or rejection.

Sec. 8. When any office, shall from any cause, become vacant, and no mode is provided by the constitution or law for filling such vacancy the governor shall have the power to fill such vacancy by appointment.

Sec. 9. The powers and duties of Secretary of State, State Treasurer, State Auditor, Attorney General and Superintendent of Public Instruction shall be as prescribed by law.

Sec. 10. All state officers shall keep their offices at the State Capital [sic]. No person shall be eligible to succeed himself to the office of State Treasurer.

Sec. 11. The returns of the election for all state officers shall be canvassed and certificates of election issued by the Secretary of State in such manner as may be prescribed by law.

Sec. 12. All commissions shall issue in the name of the state, shall be signed by the governor, sealed with the seal of the state and attested by the Secretary of State.

Sec. 13. Until otherwise provided by law the salaries of the state officers shall be as follows:

Governor, Five thousand dollars per annum.

Secretary of State, four thousand dollars per annum.

State Auditor, thirty-five hundred dollars per annum.

State Treasurer, thirty-five hundred dollars per annum.

Attorney General, twenty-five hundred dollars per annum.

Superintendent Public Instruction, twenty-five hundred dollars per annum.

IMPEACHMENT

Section 1. The House of Representatives shall have the sole power of impeachment. The concurrence of a majority of all the members shall be necessary to an impeachment. All impeachments shall be tried by the Senate, and when sitting for that purpose, the Senators shall be upon oath or affirmation to do justice according to law and evidence, and shall be presided over by the Chief Justice of the Supreme Court. Should the Chief Justice be on trial, or otherwise disqualified, the Senate shall elect the Judge of the Supreme Court to preside.

Section 2. No person shall be convicted without a concurrence of two-thirds of the Senators elected. The Governor and other state and judicial officers, except justices of courts not of record, shall be liable to impeachment for high crimes, misdemeanors or malfeasance in office, but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust or profit in the state. The party, whether convicted or acquitted, shall, nevertheless, be liable to trial and punishment according to law.

Section 3. All officers not liable to impeachment shall be subject to removal for misconduct or malfeasance in office, in such manner as may be provided by law.

• Substitute Proposition Number 33 - Executive Committee (introduced on 1910-11-15 19:30:00 - CREATE_FROM - e939305) [This document] [view current proposal at this moment]
  • Motion to Adopt the Report of the Committee of the Whole (introduced on 1910-11-15 19:30:00 - PROCEDURE - e939313) [view current proposal at this moment]
    • None (introduced on 1910-11-15 19:30:00 - ADOPT_PROPOSAL - e939314) [view current proposal at this moment]