THE CONSTITUTION OF 1865


ARTICLE VIII

ELECTIONS BY THE PEOPLE

Section 1. Every white male person, of the age of twenty-one years and upwards, who shall be a citizen of the United States, and shall have resided in this State one year next preceding the election, and the last three months thereof in the county in which he offers to vote, shall be deemed a qualified elector. Provided, that no soldier, seaman, or marine, in the regular army or navy of the United States, and no person who shall have been convicted of bribery, forgery, perjury, or other high crime or misdemeanor which may be by law declared to disqualify him, shall be entitled to vote at any election in this State.

Section 2. In all elections by the people, the electors shall vote by ballot, until otherwise directed by law.

Section 3. Except in cases of treason, felony, or breach of the peace, electors shall be privileged from arrest during their attendance at elections, an in going to and returning from the same.

Section 4. Returns of elections for all civil officers elected by the people, who are to be commissioned by the Governor, and also for members of the General Assembly, shall be made to the secretary of State.

ARTICLE IX

AMENDMENT AND REVISION OF THE CONSTITUTION

Section 1. The General Assembly may, whenever two thirds of each house shall deem it necessary, propose amendments to this constitution ; which proposed amendments shall be duly published in print, (in such manner as the General Assembly may direct,) at least three months before the next general election for representatives, for the consideration of the people ; and it shall be the duty of the several returning officers, at the next ensuing general election for representatives, to open a poll for the vote of the qualified electors on the proposed amendments, and to make a return of said vote to the secretary of State ; and if it shall thereupon appear that a majority of all the qualified electors of the State, who voted for representatives, voted in favor of the proposed amendments, and two thirds of each house of the next General Assembly, before another election, shall ratify said amendments, each house voting by yeas and nays, said amendments shall be valid, to all intents and purposes, as parts of this constitution. Provided, that said proposed amendments shall, at each of said sessions of the General Assembly, have been read three times, on three several days, in each house.

Section 2. After the expiration of twelve months from the adoption of this constitution, no convention shall be held, for the purpose of altering or amending the constitution of this State, unless the question of convention or no convention shall be first submitted to a vote of the qualified electors of the State, and approved by a majority of the electors voting at said election.


Adopted by the convention, by the unanimous vote of all the delegates present, at the State capitol, in the city of Montgomery, on this, the thirtieth day of September, in the year of our Lord one thousand eight hundred and sixty-five, and of the Independence of the United States the ninetieth year.

BENJ. FITZPATRICK,

President of Convention.


Attest: --Wm. H. OGBOURNE,

Secretary of Convention.

 


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