CONSTITUTION OF 1875


ARTICLE VII.

IMPEACHMENTS.

 

Section 1. The governor, secretary of state, auditor, treasurer, attorney-general, superintendent of education, and judges of the supreme court may be removed from office for willful neglect of duty, corruption in office, habitual drunkenness, incompetency, or any offense involving moral turpitude while in office, or committed under color thereof, or connected therewith, by the senate, sitting as a court for that purpose, under oath or affirmation, on articles or charges preferred by the house of representatives.


Sec. 2. The chancellors, judges of the circuit courts, judges of the probate courts, solicitors of the circuits, and judges of inferior courts from which an appeal may be taken directly to the supreme court, may be removed from office for any of the causes specified in the preceding section, by the supreme court, under such regulations as may be prescribed by law.


Sec. 3. The sheriffs, clerks of the circuit, city, or criminal courts, tax collectors, tax assessors, county treasurers, coroners, justices of the peace, notaries public, constables, and all other county officers, mayors, and intendants of incorporated cities and towns in this state, may be removed from office for any of the causes specified in section one of this article, by the circuit, city, or criminal court of the county in which such officers hold their office, under such regulations as may be prescribed by law. Provided, that the right of trial by jury and appeal in such cases be secured.


Sec. 4. The penalties in cases arising under the three preceding sections shall not extend beyond removal from office, and disqualification from holding office under the authority of this state, for the term for which he was elected or appointed; but the accused shall be liable to indictment, trial, and punishment, as prescribed by law.

ARTICLE VIII.

SUFFRAGE AND ELECTIONS.

Section 1. Every male citizen of the United States, and every male person of foreign birth, who may have legally declared his intention to become a citizen of the United States before he offers to vote, who is twenty-one years old or upwards, possessing the following qualifications, shall be an elector, and shall be entitled to vote at any election by the people, except as hereinafter provided:
First.--He shall have resided in the state at least one year immediately preceding the election at which he offers to vote.
Second.--He shall have resided in the county for three months, and in the precinct or ward for thirty days immediately preceding the election at which he offers to vote; provided, that the general assembly may prescribe a longer or shorter residence in any precinct in any county or in any ward in any incorporated city or town having a population of more than five thousand inhabitants, but in no case to exceed three months; and provided, that no soldier, sailor, or marine in the military or naval service of the United States, shall acquire a residence by being stationed in this state.


Sec. 2. All elections by the people shall be by ballot, and all elections by persons in a representative capacity shall be viva voce.


Sec. 3. The following classes shall not be permitted to register, vote, or hold office:
First.--Those who shall have been convicted of treason, embezzlement of public funds, malfeasance in office, larceny, bribery, or other crime punishable by imprisonment in the penitentiary.
Second. -Those who are idiots or insane.


Sec. 4. Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, or while going to or returning therefrom.


Sec. 5. The general assembly shall pass laws, not inconsistent with this Constitution, to regulate and govern elections in this state, and all such laws shall be uniform throughout the state. The general assembly may, when necessary, provide by law for the registration of electors throughout the state, or in any incorporated city or town thereof, and when it is so provided, no person shall vote at any election unless he shall have registered as required by law.


Sec. 6. It shall be the duty of the general assembly to pass adequate laws giving protection against the evils arising from the use of intoxicating liquors at all elections.


Sec. 7. Returns of elections for all civil officers who are to be commissioned by the governor, except secretary of state, state auditor, state treasurer, and attorney-general, and for members of the general assembly, shall be made to the secretary of state.


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