THE PROPOSED CONSTITUTION FOR THE STATE OF ARIZONA

PREAMBLE.

We, the people of the State of Arizona, grateful to Almighty God for our liberties, do ordain this Constitution.

ARTICLE I.

STATE BOUNDARIES.

The boundaries of the state of Arizona shall be as follows, namely: Beginning at a point on the Colorado River, twenty English miles below the junction of the Gila and Colorado Rivers, as fixed by the Gadsden Treaty between the United States and Mexico, being in latitude thirty-two degrees, twenty-nine minutes, forty-four and forty-five one-hundredths seconds north and longitude one hundred fourteen degrees, forty-eight minutes, forty-four and fifty-three one-hundredths seconds west of Greenwich; thence along and with the international boundary line between the United States and Mexico in a southeastern direction to Monument No. one hundred twenty-seven on said boundary line in latitude thirty-one degrees, twenty minutes north; thence east along and with said parallel of latitude, continuing on said boundary line, to an intersection with the meridian of longitude one hundred nine degrees, two minutes, fifty-nine and twenty-five one-hundredths seconds west, being identical with the southwestern corner of New Mexico; thence north along and with said meridian of longitude and the west boundary of New Mexico to an intersection with the parallel of latitude thirty-seven degrees north, being the common corner of Colorado, Utah, Arizona, and New Mexico; thence west along and with said parallel of latitude and the south boundary of Utah to an intersection with the meridian of longitude one hundred fourteen degrees, two minutes, fifty-nine and twenty-five one-hundredths seconds west, being on the east boundary line of the State of Nevada; thence south along and with said meridian of longitude and the east boundary of said State of Nevada, to the center of the Colorado River; thence down the mid-channel of said Colorado River in a southern direction along and with the east boundaries of Nevada, California, and the Mexican territory of Lower California, successively, to the place of beginning.

ARTICLE II.

DECLARATION OF RIGHTS

Sec. 1. A frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government.

Sec. 2. All political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.

Sec. 3. The Constitution of the United States is the supreme law of the land.

Sec. 4. No person shall be deprived of life, liberty or property without due process of law.

Sec. 5. The right of petition, and of the people peaceably to assemble for the common good, shall never be abridged.

Sec. 6. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that right.

Sec. 7. The mode of administering an oath, or affirmation, shall be such as shall be most consistent with and binding upon the conscience of the person to whom such oath, or affirmation, may be administered.

Sec. 8. No person shall be disturbed in his private affairs, or his home invaded, without authority of law.

Sec. 9. No law granting irrevocably any privilege, franchise or immunity shall be enacted.

Sec. 10. No person shall be compelled in any criminal case to give evidence against himself, or be twice put in jeopardy for the same offence.

Sec. 11. Justice in all cases shall be administered openly, and without unnecessary delay.

Sec. 12. The liberty of conscience secured by the provision of this Constitution; shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the State. No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or to the support of any religious establishment. No religious qualification shall be required for any public office or employment, nor shall any person be incompetent as a witness or juror in consequence of his opinion on matters of religion, nor be questioned touching his religious belief in any court of justice to affect the weight of his testimony.

Sec. 13. No law shall be enacted granting to any citizen, class of citizens, or corporation other than municipal, privileges or immunities which, upon the same terms, shall not equally belong to all citizens or corporations.

Sec. 14. The privilege of the writ of habeas corpus shall not be suspended by the authorities of the State.

Sec. 15. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.

Sec. 16. No conviction shall work corruption of blood, or forfeiture of estate.

Sec. 17. Private property shall not be taken for private use, except for private ways of necessity, and for drains, flumes, or ditches on or across the lands of others for mining, agricultural, domestic and sanitary purposes. No private property shall be taken or damaged for public or private use without just compensation having been first made, or paid into court for the owner, and no right of way shall be appropriated to the use of any corporation other than municipal, until full compensation thereof be first made in money, or ascertained and paid into court for the owner, irrespective of any benefit from any improvement proposed by such corporation, which compensation shall be ascertained by a jury, unless a jury be waived as in other civil cases in courts of record, in the manner prescribed by law. Whenever an attempt is made to take private property for a use alleged to be public, the question whether the contemplated use be really public shall be a judicial question, and determined as such without regard to any legislative assertion that the use is public.

Sec. 18. There shall be no imprisonment for debt, except in cases of fraud.

Sec. 19. Any person having knowledge or possession of facts that tend to establish the guilt of any other person or corporation charged with bribery or illegal rebating, shall not be excused from giving testimony or producing evidence when legally called upon to do so on the ground that it may tend to incriminate him under the laws of the State; but no person shall be prosecuted or subject to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may so testify or produce evidence.

Sec. 20. The military shall be in strict subordination to the civil power.

Sec. 21. All elections shall be free and equal, and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage.

Sec. 22. All persons charged with crime shall be bailable by sufficient sureties, except for capital offenses when proof is evident or the presumption great.

Sec. 23. The right of trial by jury shall remain inviolate, but provision may be made by law for a jury of a number less than twelve in courts not of record, and for a verdict by nine or more jurors in civil cases in any court of record, and for waiving of a jury in civil cases where the consent of the parties interested is given thereto.

Sec. 24. 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 against him, to have a copy thereof, to testify in his own behalf, to meet the witnesses against him face to face, to have compulsory process to compel the attendance of witnesses in his own behalf, to have a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed, and the right to appeal in all cases; and in no instance shall any accused person before final judgment be compelled to advance money or fees to secure the rights herein guaranteed.

Sec. 25. No bill of attainder, ex post facto law, or law impairing the obligation of a contract shall ever be enacted.

Sec. 26. The right of the individual citizen to bear arms in defense of himself or the State shall not be impaired, but nothing in this section shall be construed as authorizing individuals or corporations to organize, maintain or employ an armed body of men.

Sec. 27. No standing army shall be kept up by this State in time of peace, and no soldier shall in time of peace be quartered in any house without the consent of its owner, nor in time of war except in the manner prescribed by law.

Sec. 28. Treason against the State shall consist only in levying war against the State, or 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, or confession in open court.

Sec. 29. No hereditary emoluments, privileges or powers shall be granted or conferred and no law shall be enacted permitting any perpetuity or entailment in this State.

Sec. 30. No person shall be prosecuted criminally in any court of record for felony or misdemeanor, otherwise than by information or indictment; no person shall be prosecuted for felony by information without having had a preliminary examination before a magistrate or having waived such preliminary examination.

Sec. 31. No law shall be enacted in this State limiting the amount of damages to be recovered for causing the death or injury of any person.

Sec. 32. The provisions of this Constitution are mandatory, unless by express words they are declared to be otherwise.

Sec. 33. The enumeration in this Constitution of certain rights shall not be construed to deny others retained by the people.

ARTICLE III.

DISTRIBUTION OF POWERS.

The powers of the government of the State of Arizona shall be divided into three separate departments—the Legislative, the Executive and the Judicial; and, except as provided in this constitution, such departments shall be separate and distinct, and no one of such departments shall exercise the powers properly belonging to either of the others.

ARTICLE IV.

LEGISLATIVE DEPARTMENT.

1. INITIATIVE AND REFERENDUM.

(1) The legislative authority of the State shall be vested in a Legislature, consisting of a Senate and a House of Representatives, but the people reserve the power to propose laws and amendments to the Constitution and to enact or reject such laws and amendments at the polls, independently of the Legislature; and they also reserve for use at their own option the power to approve or reject at the polls any Act, or item, section or part of any Act, of the Legislature.

(2) The first of these reserved powers is the Initiative. Under this power ten per centum of the qualified electors shall have the right to propose any measure, and fifteen per centum shall have the right to propose any amendment to the Constitution.

(3) The second of these reserved powers is the Referendum. Under this power the Legislature or five per centum of the qualified electors may order the submission to the people at the polls of any measure, or item, section or part of any measure, enacted by the Legislature, except laws immediately necessary for the preservation of the public peace, health or safety, or for the support and maintenance of the departments of the State Government and State institutions: but to allow opportunity for Referendum Petitions. No Act passed by the Legislature shall be operative for ninety days after the close of the session of the Legislature enacting such measure, except such as require earlier operation to preserve the public peace, health or safety, or to provide appropriations for the support and maintenance of the Departments of State and of State institutions: provided, that no such emergency measure shall be considered passed by the Legislature unless it shall state in a separate section why it is necessary that it shall become immediately operative, and shall be approved by the affirmative votes of two-thirds of the members elected to each House of the Legislature, taken by roll call of ayes and nays, and also approved by the Governor, and should such measure be vetoed by the Governor it shall not become a law unless it shall be approved by the votes of three-fourths of the members elected to each House of the Legislature, taken by roll call of ayes and nays.

(4) All petitions submitted under the power of the Initiative shall be known as Initiative Petitions, and shall be filed with the Secretary of State not less than four months preceding the date of the election at which the measures so proposed are to be voted upon. All petitions submitted under the power of the Referendum shall be known as Referendum petitions, and shall be filed with the Secretary of State not more than ninety days after the final adjournment of the session of the Legislature which shall have passed the measure to which the referendum is applied. The filing of a Referendum Petition against any item, section, or part of any measure shall not prevent the remainder of such measure from becoming operative.

(5) Any measure or amendment to the Constitution proposed under the Initiative and any measure to which the Referendum is applied shall be referred to a vote of the qualified electors, and shall become law when approved by a majority of the votes cast thereon and upon proclamation of the Governor, and not otherwise.

(6) The veto power of the Governor shall not extend to Initiative or Referendum measures approved by a majority of the qualified electors.

(7) The whole number of votes cast for all candidates for Governor at the general election last preceding the filing of any Initiative or Referendum Petition on a State or county measure shall be the basis on which the number of qualified electors required to sign such petition shall be computed.

(8) The powers of the Initiative and the Referendum are hereby further reserved to the qualified electors of every incorporated city, town and county as to all local, city town or county matters on which such incorporated cities, towns and counties are or shall be empowered by general laws to legislate. Such incorporated cities, towns and counties may prescribe the manner of exercising said powers within the restrictions of general laws. Under the power of the Initiative fifteen per centum of the qualified electors may propose measures on such local, city, town or county matters and ten per centum of the electors may propose the Referendum on legislation enacted within and by such city, town or county. Until provided by general law, said cities and towns may prescribe the basis on which said percentages shall be computed.

(9) Every Initiative or Referendum Petition shall be addressed to the Secretary of State in the case of petitions for or on State measures, and to the Clerk of the Board of Supervisors, city clerk, or corresponding officer in the case of petitions for or on county, city, or town measures; and shall contain the declaration of each petitioner, for himself, that he is a qualified elector of the State (and in the case of petitions for or on city, town or county measures, of the city, town or county affected.) his postoffice address, the street and number, if any, of his residence, and the date on which he signed such petition. Each sheet containing petitioners’ signatures shall be attached to a full and correct copy of the title and text of the measure so ordered to be initiated or referred to the people, and every sheet of every such petition containing signatures shall be verified by the affidavit of the person who circulated said sheet or petition, setting forth that each of the names on said sheet was signed in the presence of the affiant and that in the belief of the affiant each signer was a qualified elector of the State, or in the case of a city, town, or county measure, of the city, town or county affected by the measure so proposed so to be initiated or referred to the people.

(10) When any Initiative or Referendum Petition or any measure referred to the people by the Legislature shall be filed, in accordance with this section, with the Secretary of State, he shall cause to be printed on the official ballot at the next regular general election the title and number of said measure, together with the words “Yes” and “No” in such manner that the electors may express at the polls their approval or disapproval of the measure.

(11) The text of all measures to be submitted shall be published as proposed amendments to the Constitution are published and in submitting such measures and proposed amendments the Secretary of State and all other officers shall be guided by the general law until legislation shall be especially provided therefor.

(12) If two or more conflicting measures or amendments to the Constitution shall be approved by the people at the same election, the measure or amendment receiving the greatest number of affirmative votes shall prevail in all particulars as to which there is conflict.

(13) It shall be the duty of the Secretary of State, in the presence of the Governor and the Chief Justice of the Supreme Court, to canvass the votes for and against each such measure or proposed amendment to the Constitution within thirty days after the election, and upon the completion of the canvass the Governor shall forthwith issue a proclamation, giving the whole number of votes cast for and against each measure or proposed amendment, and declaring such measures or amendments as are approved by a majority of those voting thereon to be law.

(14) This section shall not be construed to deprive the Legislature of the right to enact any measure.

(15) The Legislature shall provide a penalty for any wilful violation of any of the provisions of this section.

(16) This section of the Constitution shall be, in all respects, self executing.

2. THE LEGISLATURE.

Sec. 1. Until otherwise provided by law the Senate shall consist of 19 members, and the House of Representatives of 35 members, and Senators and Representatives shall be apportioned among the several counties as follows:

Apache County, 1 Senator, 1 Representative; Cochise County, 2 Senators, 7 Representatives; Coconino County, 1 Senator, 1 Representative; Gila County, 2 Senators, 3 Representatives; Graham County, 1 Senator, 2 Representatives; Greenlee County, 1 Senator, 2 Representatives; Maricopa County, 2 Senators, 6 Representatives; Mohave County, 1 Senator, 1 Representative; Navajo County, 1 Senator, 1 Representative; Pima County, 2 Senators, 3 Representatives; Pinal County, 1 Senator, 1 Representative; Santa Cruz County, 1 Senator, 1 Representative; Yavapai County, 2 Senators, 4 Representatives; Yuma County, 1 Senator, 2 Representatives.

Sec. 2. No person shall be a member of the Legislature unless he shall be a citizen of the United States at the time of his election, nor unless he shall be at least twenty-five years of age, and shall have been a resident of Arizona at least three years and of the county from which he is elected at least one year before his election.

Sec. 3. The sessions of the Legislature shall be held biennially at the Capitol of the State, and except as to the first session thereof, shall commence on the second Monday of January next after the election of members of the Legislature. The first session shall convene not less than thirty nor more than sixty days after the admission of the State into the Union. The Governor may call a special session whenever in his judgment it is advisable. In calling such special session, the Governor shall specify the subjects to be considered at such session, and at such session no laws shall be enacted except such as relate to the subjects mentioned in the call.

Sec. 4. No person holding any public office of profit or trust under the authority of the United States, or of this State, shall be a member of the Legislature; provided, that appointments in the State militia and the offices of notary public, justice of the peace, United States commissioner, and postmaster of the fourth class, shall not work disqualification for membership within the meaning of this section.

Sec. 5. No member of the Legislature, during the term for which he shall have been elected, shall be appointed or elected to any civil office of profit under this State, which shall have been created, or the emoluments of which shall have been increased, during said term.

Sec. 6. Members of the Legislature shall be privileged from arrest in all cases except treason, felony, and breach of the peace and they shall not be subject to any civil process during the session of the Legislature, nor for fifteen days next before the commencement of each session.

Sec. 7. No member of the Legislature shall be liable in any civil or criminal prosecution for words spoken in debate.

Sec. 8. Each house, when assembled, shall choose its own officers, judge of the election and qualification of its own members, and determine its own rules of procedure.

Sec. 9. The majority of the members of each house shall constitute a quorum to do business, but a smaller number may meet, adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each house may prescribe. Neither house shall adjourn for more than three days, nor to any place other than that in which it may be sitting, without the consent of the other.

Sec. 10. Each house shall keep a journal of its proceedings, and at the request of two members the ayes and nays on roll call on any question shall be entered.

Sec. 11. Each house may punish its members for disorderly behavior, and may with the concurrence of two-thirds of its members expel any member.

Sec. 12. Every bill shall be read by sections on three different days, unless in case of emergency, two-thirds of either house deem it expedient to dispense with this rule: but the reading of a bill by sections on its final passage shall in no case be dispensed with, and the vote on the final passage of any bill, or joint resolution shall be taken by ayes and nays on roll call. Every measure when finally passed shall be presented to the Governor for his approval or disapproval.

Sec. 13. Every act shall embrace but one subject and matters properly connected therewith, which subject shall be expressed in the title; but if any subject shall be embraced in an act which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be embraced in the title.

Sec. 14. No act shall be revised or amended by mere reference to its title, but the act as amended shall be set forth and published at full length.

Sec. 15. A majority of all members elected to each house shall be necessary to pass any bill and all bills so passed shall be signed by the presiding officer of each house.

Sec. 16. Any member of the Legislature shall have the right to protest and have the reasons of his protest entered on the journal.

• Draft of the Arizona Constitution as Amended in the Committee of the Whole (introduced on 1910-12-05 19:30:00 - CREATE_FROM - e946892) [This document] [view current proposal at this moment]
  • Motion to Adopt the Committee of the Whole Amendments (introduced on 1910-12-06 09:30:00 - PROCEDURE - e946896) [view current proposal at this moment]
    • None (introduced on 1910-12-06 09:30:00 - ADOPT_PROPOSAL - e946897) [view current proposal at this moment]
  • Motion to Consider the Constitution Section by Section (introduced on 1910-12-06 09:30:00 - PROCEDURE - e946898) [view current proposal at this moment]
    • Amendment to Consider the Constitution Article by Article (introduced on 1910-12-06 09:30:00 - PROCEDURE - e946899) [view current proposal at this moment]
      • None (introduced on 1910-12-06 09:30:00 - ADOPT_PROPOSAL - e946900) [view current proposal at this moment]
  • Amendment to Consider the Constitution Article by Article (introduced on 1910-12-06 09:30:00 - PROCEDURE - e946899) [view current proposal at this moment]
    • None (introduced on 1910-12-06 09:30:00 - ADOPT_PROPOSAL - e946900) [view current proposal at this moment]
  • Motion to Enter the Committee of the Whole (introduced on 1910-12-06 14:00:00 - PROCEDURE - e946960) [view current proposal at this moment]
    • None (introduced on 1910-12-06 14:00:00 - ADOPT_PROPOSAL - e946961) [view current proposal at this moment]