CONSTITUTION OF 1875


ARTICLE V.

EXECUTIVE DEPARTMENT.

 

Section 1. The executive department shall consist of a governor, secretary of state, state treasurer, state auditor, attorney-general, and superintendent of education, and a sheriff for each county.


Sec. 2. The supreme executive power of this state shall be vested in a chief magistrate, who shall be styled "the governor of the State of Alabama."


Sec. 3. The governor, secretary of state, state treasurer, state auditor, and attorney-general shall be elected by the qualified electors of this state, at the same time and places appointed for the election of members of the general assembly.


Sec. 4. The returns of every election for governor, secretary of state, state auditor, state treasurer, and attorney-general shall be sealed up and transmitted by the returning officers to the seat of government, directed to the speaker of the house of representatives, who shall, during the first week of the session to which said returns shall be made, open and publish them in the presence of both houses of the general assembly in joint convention. The person having the highest number of votes for either of said offices shall be declared duly elected; but if two or more shall have an equal and the highest number of votes for the same office, the general assembly, by joint vote, without delay, shall choose one of said persons for said office. Contested elections for governor, secretary of state, state auditor, state treasurer, and attorney-general, shall be determined by both houses of the general assembly, in such manner as may be prescribed by law.


Sec. 5. The governor, secretary of state, state treasurer, state auditor, and attorney-general shall hold their respective offices for the term of two years from the time of their installation in office, and until their successors shall be elected and qualified.


Sec. 6. The governor shall be at least thirty years of age when elected, and shall have been a citizen of the United States ten years, and a resident citizen of this state at least seven years next before the day of his election.


Sec. 7. The governor, secretary of state, state treasurer, state auditor, and attorney-general shall reside at the seat of government of this state during the time they continue in office, except in case of epidemics; and they shall receive compensation for their services, which shall be fixed by law, and which shall not be increased or diminished during the term for which they shall have been elected.


Sec. 8. The governor shall take care that the laws be faithfully executed.


Sec. 9. The governor may require information in writing, under oath, from the officers of the executive department on any subject relating to the duties of their respective offices; and he may, at any time, require information in writing, under oath, from all officers and managers of state institutions, upon any subject relating to the condition, management, and expenses of their respective offices and institutions; and any such officer or manager who makes a false report, shall be guilty of perjury, and punished accordingly.


Sec. 10. The governor may, by proclamation, on extraordinary occasions, convene the general assembly at the seat of government, or at a different place, if, since their last adjournment, that shall have become dangerous from an enemy, or from infectious or contagious diseases; and he shall state specifically in such proclamation each matter concerning which the action of that body is deemed necessary.


Sec. 11. The governor shall, from time to time, give to the general assembly information of the state of the government, and recommend to their consideration such measures as he may deem expedient; and, at the commencement of each session of the general assembly, and at the close of his term of office, give information, by written message, of the condition of the state; and he shall account to the general assembly, as may be prescribed by law, for all moneys received and paid out by him, from any funds subject to his order, with the vouchers therefor; and he shall, at the commencement of each regular session, present to the general assembly estimates of the amount of money required to be raised by taxation for all purposes.


Sec. 12. The governor shall have power to remit fines and forfeitures, under such rules and regulations as may be prescribed by law, and after conviction, to grant reprieves, commutation of sentence, and pardons, except in cases of treason and impeachment; but pardons, in cases of murder, arson, burglary, rape, assault with intent to commit rape, perjury, forgery, bribery, and larceny, shall not relieve from civil and political disability, unless specifically expressed in the pardon. Upon conviction of treason, the governor may suspend the execution of the sentence, and report the same to the general assembly at the next regular session, when the general assembly shall either pardon, commute the sentence, direct its execution, or grant further reprieve. He shall communicate to the general assembly, at each regular session, each case of reprieve, commutation, or pardon granted, with his reasons therefor, stating the name and crime of the convict, the sentence, its date, and the date of the reprieve, commutation or pardon.


Sec. 13. Every bill which shall have passed both houses of the general assembly, shall be presented to the governor; if he approve, he shall sign it; but, if not, he shall return it with his objections to that house in which it shall have originated, who shall enter the objections at large upon the journals; and the house to which such bill shall be returned shall proceed to reconsider it; if, after such reconsideration, a majority of the whole number elected to that house shall vote for the passage of such bill, it shall be sent, with the objections, to the other house, by which it shall likewise be reconsidered; if approved by a majority of the whole number elected to that house, it shall become a law; but in such case the votes of both houses shall be determined by yeas and nays; and the names of the members voting for or against the bill shall be entered upon the journals of each house respectively. If any bill shall not be returned by the governor within five days (Sundays excepted), after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the general assembly, by their adjournment, prevent its return, in which case it shall not be a law. And every vote, order, or resolution, to which the concurrence of both houses may be necessary (except questions of adjournment, and of bringing on elections by the two houses, and of amending this Constitution), shall be presented to the governor, and, before the same shall take effect, be approved by him, or, being disapproved, shall be repassed by both houses according to the rules and limitations prescribed in the case of a bill.


Sec. 14. The governor shall have power to disapprove of any item or items of any bill making appropriations of money, embracing distinct items; and the part or parts of the bill approved shall be the law, and the item or items disapproved shall be void, unless repassed according to the rules and limitations prescribed for the passage of other bills over the executive veto; and he shall, in writing, state specifically the item or items he disapproves.


Sec. 15. In case of the impeachment of the governor, his removal from office, death, refusal to qualify, resignation, absence from the state, or other disability, the president of the senate shall exercise all the power and authority appertaining to the office of governor, until the time appointed for the election of governor shall arrive, or until the governor who is absent or impeached, shall return or be acquitted, or other disability be removed; and if during such vacancy in the office of governor the president of the senate shall be impeached, removed from office, refuse to qualify, die, resign, be absent from the state, or be under any other disability, the speaker of the house of representatives shall, in like manner, administer the government. If the governor shall be absent from the state over twenty days, the secretary of state shall notify the president of the senate, who shall enter upon the duties of governor; and if the governor and president of the senate shall both be absent from the state over twenty days, the secretary of state shall notify the speaker of the house of representatives; and in such case he shall enter upon and discharge the duties of governor, until the return of the governor or president of the senate.


Sec. 16. The president of the senate and speaker of the house of representatives shall, during the time they respectively administer the government, receive the same compensation which the governor would have received if he had been employed in the duties of his office; provided, that if the general assembly shall be in session during such absence, they, or either of them, shall receive no compensation as members of the general assembly while acting as governor.


Sec. 17. No person shall, at one and the same time, hold the office of governor of this state and any other office, civil or military, either under this state, the United States, or any other state or government, except as otherwise provided in this Constitution.


Sec. 18. The governor shall be commander-in-chief of the militia and volunteer forces of this state, except when they shall be called into the service of the United States, and he may call out the same to execute the laws, suppress insurrection, and repel invasion; but he need not command in person unless directed to do so by a resolution of the general assembly; and when acting in the service of the United States he shall appoint his staff, and the general assembly shall fix his rank.


Sec. 19. No person shall be eligible to the office of secretary of state, state treasurer, state auditor, or attorney-general, unless he shall have been a citizen of the United States at least seven years, and shall have resided in this state at least five years next preceding his election, and shall be at least twenty-five years old when elected.


Sec. 20.
There shall be a great seal of the state, which shall be used officially by the governor; and the seal now in use shall continue to be used until another shall have been adopted by the general assembly. The said seal shall be called the "Great Seal of the State of Alabama."


Sec. 21. The secretary of state shall be the custodian of the seal of the state, and shall authenticate therewith all official acts of the governor, his approval of laws and resolutions excepted. He shall keep a register of the official acts of the governor, and, when necessary, shall attest them, and lay copies of the same, together with copies of all papers relative thereto, before either house of the general assembly, when required to do so, and shall perform such other duties as may be prescribed by law.


Sec. 22. All grants and commissions shall be issued in the name and by the authority of the State of Alabama, sealed with the great seal, and signed by the governor, and countersigned by the secretary of state.


Sec. 23. Should the office of secretary of state, state treasurer, state auditor, attorney-general, or superintendent of education become vacant for any cause specified in section fifteen of this article, the governor shall fill the vacancy, until the disability is removed, or a successor elected and qualified.


Sec. 24. The state treasurer, state auditor, and attorney-general shall perform such duties as may be prescribed by law. The state treasurer and state auditor shall, every year, at a time the general assembly may fix, make a full and complete report to the governor, showing all receipts and disbursements of revenue of every character, all claims audited and paid by the state, by items, and all taxes and revenue collected and paid into the treasury, and from what sources; and they shall make reports oftener on any matter pertaining to their office, if required to do so by the governor or the general assembly.


Sec. 25. The state auditor, state treasurer, and secretary of state, shall not, after the expiration of the terms of those now in office, receive to their use any fees, costs, perquisites of office, or compensation other than their salaries as prescribed by law; and all fees that may be payable by law, for any services performed by either of such officers, shall be paid in advance into the state treasury.


Sec. 26. A sheriff shall be elected in each county, by the qualified electors thereof, who shall hold his office for the term of four years, unless sooner removed, and shall be ineligible to such office as his own successor. Provided, that sheriffs elected on the first Monday in August, 1877, or at such other time as may be prescribed by law for the election in that year, shall hold their offices for the term of three years, and until their successors shall be elected and qualified. In the year 1880, at the general election for members to the general assembly, sheriffs shall be elected for four years as herein provided. Vacancies in the office of sheriff shall be filled by the governor, as in other cases; and the person appointed shall continue in office until the next general election in the county for sheriff, as provided by law.


HOME | HISTORY | CONSTITUTIONS | 1875