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| Arkansas - 1\4\1836 |
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ORDINANCE OF ACCEPTANCE BY ARKANSAS--1836
Ordinance and acceptance of compact by the general assembly of the State of
Arkansas
Be it ordained by the general assembly of the State of Arkansas, By virtue of the authority vested in said general assembly by the provisions of the ordinance adopted by the convention of delegates assembled at Little Rock, for the purpose of forming a constitution and system of government for said State, that the propositions set forth in “An act supplementary to the act entitled ‘An act for the admission of the State of Arkansas into the Union, and to provide for the due execution of the laws of the United States within the same, and for other purposes,’ ” be, and the same are hereby, freely accepted, ratified, and irrevocably confirmed, as articles of compact and union between the State of Arkansas and the United States.
And be it further ordained by the authority aforesaid, That the general assembly of the State of Arkansas shall never interfere, without the consent of the United States, with the primary disposal of the soil within said State, owned by the United States, nor with any regulations Congress may find necessary for securing the title in such soil to the bona-fide purchasers thereof; and that no tax shall be imposed on lands the property of the United States; and that in no case shall non-resident proprietors be taxed higher than resident; and that the bounty-lands granted, or hereafter to be granted, for military services during the late war, shall, while they continue to be held by the patentees or their heirs, remain exempt from any tax laid by order, or under the authority, of the State, whether for State, county, township, or any other purpose, for the term of three years from and after the date of the patents respectively.
Approved, October 18, 1836.
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CONSTITUTION OF ARKANSAS-1836
We, the people of the Territory of Arkansas, by our representatives in convention assembled, at Little Rock, on Monday, the 4th day of January, A. D. 1836, and of the Independence of the United States the sixtieth year, having the right of admission into the Union as one of the United States of America, consistent with the Federal Constitution, and by virtue of the treaty of cession, by France to the United States, of the Province of Louisiana, in order to secure to ourselves and our posterity the enjoyment of all the rights of life, liberty, and property, and the free pursuit of happiness, do mutually agree with each other to form ourselves into a free and independent State, by the name and style of “The State of Arkansas,” and do ordain and establish the following constitution for the government thereof:
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ARTICLE I
OF BOUNDARIES
We do declare and establish, ratify and confirm, the following as the permanent boundaries of said State of Arkansas, that is to say: Beginning in the middle of the main channel of the Mississippi river, on the parallel of thirty-six degrees north latitude; running from thence west with the said parallel of latitude to the Saint Francis river; thence up the middle of the main channel of said river to the parallel of thirty-six degrees, thirty minutes north; from thence west to the southwest corner of the State of Missouri; and from thence to be bounded on the west, to the north bank of Red river, as by acts of Congress and treaties heretofore defining the western limits of the Territory of Arkansas; and to be bounded on the south side of Red river by the Mexican boundary-line to the northwest corner of the State of Louisiana; thence east with the Louisiana State line to the middle of the main channel of the Mississippi river; thence up the middle of the main channel of said river to the thirty-sixth degree of north latitude, the point of beginning.
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ARTICLE II
DECLARATION OF RIGHTS
That the great and essential principles of liberty and free government may be recognized and unalterably established, we declare:
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SECTION 1. That all freemen, when they form a social compact, are equal, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty; of acquiring, possessing, and protecting property and reputation; and of pursuing their own happiness.
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SEC. 2. That all power is inherent in the people; and all free governments are founded on their authority, and instituted for their peace, safety and happiness. For the advancement of these ends, they have, at all times, an unqualified right to alter, reform or abolish their government, in such manner as they may think proper.
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SEC. 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; and no man can of right be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. That no human authority can, in any case whatever, interfere with the rights of conscience; and that no preference shall ever be given to any religious establishment or mode of worship.
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SEC. 4. That the civil rights, privileges or capacities of any citizen shall in no wise be diminished or enlarged on account of his religion.
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SEC. 5. That all elections shall be free and equal.
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SEC. 6. That the right of trial by jury shall remain inviolate.
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SEC. 7. That printing-presses shall be free to every person; and no law shall ever be made to restrain the rights thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write and print on any subject-being responsible for the abuse of that liberty.
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SEC. 8. In prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity , or where the matter published is proper for public information, the truth thereof may be given in evidence; and in all indictments for libels, the jury shall have the right to determine the law and the facts.
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SEC. 9. That the people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures; and that general warrants, whereby any officer may be commanded to search suspected places, without evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly described and supported by evidence, are dangerous to liberty, and shall not be granted.
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SEC. 10. That no freeman shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner destroyed or deprived of his life, liberty or property, but by the judgment of his peers, or the law of the land.
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SEC. 11. That in all criminal prosecutions the accused hath a right to be heard by himself and counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to. face; to have compulsory process for obtaining witnesses in his favor; and in prosecutions by indictment or presentment, a speedy public trial by an impartial jury of the county or district in which the crime shall have been committed; and shall not be compelled to give evidence against himself.
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SEC. 12. That no person shall, for the same offence, be twice put in jeopardy of life or limb.
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SEC. 13. That all penalties shall be reasonable, and proportioned to the nature of the offence.
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SEC. 14. That no man shall be put to answer any criminal charge, but by presentment, indictment or impeachment.
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SEC. 15. That no conviction shall work corruption of blood or forfeiture of estate.
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SEC. 16. That all prisoners shall be bailable by sufficient securities, unless in capital offences, where the proof is evident or the presumption great, and the privilege of the writ of habeas corpus shall not be suspended, unless where, in case of rebellion or invasion, the public safety may require it.
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SEC. 17. That excessive bail shall in no case be required, nor excessive fines imposed.
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SEC. 18. That no ex post facto law, or any law impairing the obligation of contracts, shall ever be made.
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SEC. 19. That perpetuities and monopolies are contrary to the genius of a republic, and shall not be allowed; nor shall any hereditary emolument, privileges or honors ever be granted or conferred in this State.
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SEC. 20. That the citizens have a right in a peaceable manner to assemble together for their common good, to instruct their representatives, and to apply to those invested with the power of the government for redress of grievances, or other proper purposes, by address or remonstrance.
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SEC. 21. That the free white men of this State shall have a right to keep and to bear arms for their common defence.
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SEC. 22. That no soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor in time of war, but in a manner prescribed by law.
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SEC. 23. The military shall be kept in strict subordination to the civil power.
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SEC. 24. This enumeration of rights shall not be construed to deny or disparage others retained by the people; and, to guard against any encroachments on the rights herein retained, or any transgression of any of the higher powers herein delegated, we declare that everything in this article is excepted out of the general powers of the government, and shall forever remain inviolate; and that all laws contrary thereto, or to the other provisions herein contained, shall be void.
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ARTICLE III
OF DEPARTMENTS
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SECTION 1. The powers of the government of the State of Arkansas shall be divided into three distinct departments, each of them to be confided to a separate body of magistracy, to wit: those which are legislative, to one; those which are executive, to another; and those which are judicial, to another.
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SEC. 2. No person, or collection of persons, being of one of those departments, shall exercise any power belonging to either of the others; except in the instances hereinafter expressly directed or permitted.
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ARTICLE IV
LEGISLATIVE DEPARTMENT
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SECTION 1. The legislative power of this State shall be vested in a general assembly, which shall consist of a senate, and a house of representatives.
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QUALIFICATIONS OF ELECTORS
SEC. 2. Every free white male citizen of the United States, who shall have attained the age of twenty-one years, and who shall have been a citizen of this State six months, shall be deemed a qualified elector, and be entitled to vote in the county or district where he actually resides, for each and every office made elective under this State, or under the United States: Provided, That no soldier, seaman, or marine, in the Army or Navy of the United States, shall be entitled to vote at any election within this State.
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TIME OF CHOOSING REPRESENTATIVES
SEC. 3. The House of Representatives shall consist of members to be chosen every second year, by the qualified electors of the several counties.
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QUALIFICATIONS OF A REPRESENTATIVE
SEC. 4. No person shall be a member of the House of Representatives, who shall not have attained the age of twenty-five years; who shall not be a free white male citizen of the United States; who shall not have been an inhabitant of this State one year; and who shall not, at the time of his election, have an actual residence in the county lie may be chosen to represent.
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QUALIFICATIONS OF A SENATOR
SEC. 5. The Senate shall consist of members to be chosen every four years, by the qualified electors of the several districts.
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SEC. 6. No person shall be a Senator, who shall not have attained the age of thirty years; who shall not be a free white male citizen of the United States; who shall not have been an inhabitant of this State one year; and who shall not, at the time of his election, have an actual residence in the district he may be chosen to represent.
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MEETING OF THE GENERAL ASSEMBLY
SEC. 7. The General Assembly shall meet every two years, on the first Monday of November, at the seat of government, until altered by law.
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THE MODE OF ELECTION, AND TIME, AND PRIVILEGE OF ELECTORS
SEC. 8. All general elections shall be viva voce, until otherwise directed by law, and shall commence and be holden every two years, on the first Monday in October, until altered by law; and the electors in all cases except in cases of treason, felony and breach of the peace, shall be privileged from arrest during their attendance on elections, and in going to and returning therefrom.
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DUTY OF GOVERNOR
SEC. 9. The Governor shall issue writs of election to fill such vacancies as shall occur in either House of the General Assembly.
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SEC. 10. No Judge of the Supreme, Circuit or Inferior Courts of law or equity, Secretary of State, Attorney for the State, State Auditor or Treasurer, Register or Recorder, Clerk of any Court of Record, Sheriff, Coroner, Member of Congress, nor any other person holding any lucrative office under the United States or this State, (militia officers, Justices of the Peace, Postmasters and Judges of the County Courts excepted,) shall be eligible to a seat in either House of the General Assembly.
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SEC. 11. No person who now is, or shall be hereafter, a collector or holder of public money, nor any assistant or deputy of such holder or collector of public money, shall be eligible to a seat in either House of the General Assembly, nor to any office of profit or trust, until he shall have accounted for and paid over all sums for which he may have been liable.
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SEC. 12. The General Assembly shall exclude from every office of trust or profit, and from the right of suffrage, within this State, all persons convicted of bribery, perjury, or other infamous crime.
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SEC. 13. Every person who shall have been convicted of directly or indirectly giving or offering any bribe, to procure his election or appointment, shall be disqualified from holding any office of trust or profit under this State; and any person who shall give or offer any bribe to procure the election or appointment of any person, shall, on conviction thereof, be disqualified from being an elector, or from holding office of trust or profit under this State.
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SEC. 14. No Senator or Representative shall, during the term for which he shall have been elected, be appointed to any civil office under this State, which shall have been created, or the emoluments of which shall have been increased, during his continuance of office, except to such office as shall be filled by the election of the people.
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SEC. 15. Each House shall appoint its own officers, and shall judge of the qualifications, returns and elections of its own members. Two-thirds of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner, and under such penalties, as each House shall provide.
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SEC. 16. Each House may determine the rule of its proceedings, punish its own members for disorderly behavior, and, with the concurrence of two-thirds of the members elected, expel a member; but no member shall be expelled a second time for the same offence. They shall each, from time to time, publish a journal of their proceedings, except such parts as may in their opinion require secrecy; and the yeas and nays upon any question shall be entered on the journal, at the desire of any five members.
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SEC. 17. The door of each House when in session or in committee of the whole, shall be kept open, except in cases which may require secrecy; and each House may punish by fine and imprisonment, any person, not a member, who shall be guilty of disrespect to the House, by any disorderly or contemptuous behavior in their presence, during their session; but such imprisonment shall not extend beyond the final adjournment of that session.
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SEC. 18. Bills may originate in either House, and be amended or rejected in the other; and every bill shall be read on three different days in each House, unless two-thirds of the House where the same is pending shall dispense with the rules. And every bill having passed both Houses, shall be signed by the President of the Senate and the Speaker of the House of Representatives.
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SEC. 19. Whenever an officer, civil or military, shall be appointed by the joint or concurrent vote of both Houses, or by the separate vote of either House of the General Assembly, the vote shall be taken viva voce, and entered on the journal.
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SEC. 20. The Senators and Representatives shall, in all cases except treason, felony or breach of the peace, be privileged from arrest, during the session of the General Assembly, and for fifteen days before the commencement and after the termination of each session; and for any speech or debate in either House, they shall not be questioned in any other place.
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SEC. 21. The members of the General Assembly shall severally receive, from the public treasury, compensation for their services, which may be increased or diminished; but no alteration of such compensation of members shall take effect during the session at which it is made.
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THE MANNER OF BRINGING SUITS AGAINST THE STATE
SEC. 22. The General Assembly shall direct by law, in what courts, and in what manner suits may be commenced against the State.
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ART. XII. The 22d article of the IVth article of the constitution is hereby stricken out and repealed, and instead thereof the following shall be inserted as an amendment to and part of the constitution:
The State of Arkansas shall not be sued in any of its courts.
(Ratified February 12, 1859)
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SEC. 23. They shall have power to pass all laws that are necessary to prohibit the introduction into this State of any slave or slaves, who may have committed any high crime, in any other State or Territory.
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SEC. 24. The General Assembly shall not have power to pass any bill of divorce; but may prescribe by law the manner in which such cases shall be investigated in the courts of justice and divorces granted.
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SEC. 25. The general assembly shall have power to prohibit the introduction of any slave or slaves, for the purpose of speculation, or as an article of trade and merchandise; to oblige the owner of any slave or slaves to treat them with humanity: and, in the prosecution of slaves for any crime, they shall not be deprived of an impartial jury; and any slave who shall be convicted of a capital offence, shall suffer the same degree of punishment as would be inflicted on a free white person, and no other; and courts of justice, before whom slaves shall be tried, shall assign them counsel for their defence.
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SEC. 26. The governor, secretary of state, auditor, treasurer, and all the judges of the supreme, circuit and inferior courts of law and equity, and the prosecuting attorneys for the State, shall be liable to impeachment, for any malpractice or misdemeanor in office; but judgment in such cases shall not extend further than removal from office, and disqualification to hold any office of honor, trust or profit under this State: the party impeached, whether convicted or acquitted, shall nevertheless be liable to be indicted, tried and punished, according to law.
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SEC. 27. The house of representatives shall have the sole power of impeachment, and all impeachments shall be tried by the senate; and when sitting for that purpose, the senators shall be on oath or affirmation to do justice according to law and evidence. When the governor
shall be tried, the chief justice of the supreme court shall preside; and no person shall be convicted without the concurrence of two-thirds of all the senators elected: and for reasonable cause, which shall not be sufficient ground of impeachment, the governor shall, on the joint address of two-thirds of each branch of the legislature, remove from office the judges of the supreme and inferior courts: Provided, The cause or causes of removal be spread on the journals, and the party charged be notified of the same, and heard by himself and counsel, before the vote is finally taken and decided.
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SEC. 28. The appointment of all officers, not otherwise directed by this constitution, shall be made in such manner as may be prescribed by law: and all officers, both civil and military, acting under the authority of this State, shall, before entry on the duties of their respective offices, take an oath or affirmation to support the Constitution of the United States and of this State, and to demean themselves faithfully in office.
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SEC. 29. No county now established by law, shall ever be reduced, by the establishment of any new county or counties, to less than nine hundred square miles, nor to a less population than its ratio of representation in the house of representatives; nor shall any county be hereafter established, which shall contain less than nine hundred square miles, (except Washington County, which may be reduced to six hundred square miles,) or a less population than would entitle each county to a member in the house of representatives.
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ART. X. That the words “except Washington County, which may be reduced to six hundred square miles,” included in brackets in the XXIXth article, a be stricken out of said constitution.
(Ratified December 2, 1850)
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ART. XI. That section 29 of article IV of the constitution of this State be so amended that no county now established by law shall be deemed or considered unconstitutional on account of its containing a less number of square miles than nine hundred.
(Ratified February 12,1859)
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SEC. 30. The style of the laws of this State shall be—“Be it enacted by the general assembly of the State of Arkansas.”
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SEC. 31. The State shall from time to time be divided into convenient districts, in such manner that the senate shall be based upon the free white male inhabitants of the State, each senator representing an equal number, as nearly as practicable; and until the first enumeration of the inhabitants shall be taken, the districts shall be arranged as follows:
The county of Washington shall compose one district, and elect two senators;
The counties of Carroll, Searcy and Izard shall compose one district, and elect one senator.
The counties of Independence and Jackson shall compose one district, and elect one senator.
The counties of Lawrence and Randolph shall compose one district, and elect one senator.
The counties of Johnson and Pope shall compose one district, and elect one senator.
The counties of Crawford and Scott shall compose one district, and elect one senator.
The counties of Conway and Van Buren shall compose one district, and elect one senator.
The counties of Pulaski, White and Saline shall compose one district, and elect one senator.
The counties of Hot Spring, Clark and Pike shall compose one district, and elect one senator.
The counties of Hempstead and Lafayette shall compose one district, and elect one senator.
The counties of Sevier and Miller shall compose one district, and elect one senator.
The counties of Chicot and Union shall compose one district, and elect one senator.
The counties of Arkansas and Jefferson shall compose one district, and elect one senator.
The counties of Phillips and Monroe shall compose one district, and elect one senator.
The counties of Saint Francis and Greene shall compose one district, and elect one senator.
The counties of Crittenden and Mississippi shall compose one district, and elect one senator.
And the senate shall never consist of less than seventeen nor more than thirty-three members; and as soon as the senate shall meet after the first election to be held under this constitution, they shall cause the senators to be divided by lot into two classes-nine of the first class and eight of the second; and the seats of the first class shall be vacated at the end of two years from the time of their election, and the seats of the second class at the end of four years from the time of their election; in order that one class of the senators may be elected every two years.
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SEC. 32. An enumeration of the inhabitants of the State shall be taken under the direction of the general assembly, on the first day of January, one thousand eight hundred and thirty-eight, and at the end of every four years thereafter; and the general assembly shall, at the first session after the return of every enumeration, so alter and arrange the senatorial districts that each district shall contain, as nearly as practicable, an equal number of free white male inhabitants: Provided, That Washington County, as long as its population shall justify the same, may, according to its numbers, elect more than one senator; and such districts shall then remain unaltered, until the return of another enumeration, and shall at all times consist of contiguous territory; and no county shall be divided in the formation of a senatorial district.
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SEC. 33. The ratio of representation in the senate, shall be fifteen hundred free white male inhabitants to each senator, until the senators amount to twenty-five in number; and then they shall be equally apportioned, upon the same basis, throughout the State, in such ratio as the increased numbers of free white male inhabitants may require, without increasing the senators to a greater number than twenty-five, until the population of the State amounts to five hundred thousand souls; and when an increase of senators takes place, they shall, from time to time, be divided by lot, and classed as prescribed above.
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SEC. 34. The house of representatives shall consist of not less than fifty-four, nor more than one hundred representatives, to be apportioned among the several counties in this State, according to the number of free white male inhabitants therein, taking five hundred as the ratio, until the number of representatives amounts to seventy-five; and when they amount to seventy-five, they shall not be further increased until the population of the State amounts to five hundred thousand souls: Provided, That each county now organized shall, although its population may not live the existing ratio, always be entitled to one representative; and until the first enumeration shall be taken, the representatives shall be apportioned among the several counties, as follows:
The county of Washington shall elect six representatives.
The county of Scott shall elect one representative.
The county of Johnson shall elect two representatives.
The county of Pope shall elect two representatives.
The county of Conway shall elect one representative.
The county of Van Buren shall elect one representative.
The county of Carroll shall elect two representatives.
The county of Searcy shall elect one representative.
The county of Izard shall elect one representative.
The county of Independence shall elect two representatives.
The county of Crawford shall elect three representatives.
The county of Jackson shall elect one representative.
The county of Lawrence shall elect two representatives.
The county of Randolph shall elect two representatives.
The county of White shall elect one representative.
The county of Pulaski shall elect two representatives.
The county of Saline shall elect one representative.
The county of Hot Spring shall elect one representative.
The county of Clarke shall elect one representative.
The county of Saint Francis shall elect two representatives.
The county of Pike shall elect one representative.
The county of Hempstead shall elect two representatives.
The county of Miller shall elect one representative.
The county of Sevier shall elect one representative.
The county of Lafayette shall elect one representative.
The county of Union shall elect one representative.
The county of Arkansas shall elect two representatives.
The county of Jefferson shall elect one representative.
The county of Monroe shall elect one representative.
The county of Phillips shall elect two representatives.
The county of Greene shall elect one representative.
The county of Crittenden shall elect two representatives.
The county of Mississippi shall elect one representative.
The county of Chicot shall elect two representatives.
And at the first session of the general assembly after the return of every enumeration, the representation shall be equally divided and re-apportioned among the several counties, according to the number of free white males in each county, as above prescribed.
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MODE OF AMENDING THE CONSTITUTION
SEC. 35. The General Assembly may at any time propose such amendments to this Constitution as two-thirds of each house shall deem expedient, which shall be published in all the newspapers published in this State, three several times, at least twelve months before the next general election; and if, at the first session of the General assembly after such general election, two-thirds of each house shall, by yeas and nays, ratify such proposed amendments, they shall be valid to all intents and purposes, as parts of this constitution: Provided, That such proposed amendments shall be read on three several days, in each house, as well when the same are proposed, as when they are finally ratified.
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ARTICLE V
EXECUTIVE DEPARTMENT
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SECTION 1. The supreme executive power of this State shall be vested in a chief magistrate, who shall be styled “the governor of the State of Arkansas.”
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SEC. 2. The governor shall be elected by the qualified electors, at the time and places where they shall respectively vote for representatives.
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SEC. 3. The returns of every election for governor shall be sealed up and transmitted to the speaker of the house of representatives, who shall, during the first week of the session, open and publish them in the presence of both houses of the general assembly. The person having the highest number of votes shall be the Governor; but if two or more shall be equal and highest in votes, one of them shall be chosen governor by the joint vote of both houses. Contested elections for governor shall be determined by both Houses of the General Assembly, in such manner as shall be prescribed by law.
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SEC. 4. The governor shall hold his office for the term of four ears from the time of his installation, and until his successor shall be duly qualified; but he shall not be eligible for more than eight years in any term of twelve years. He shall be at least thirty years of age, a native-born citizen of Arkansas, or a native-born citizen of the United States, or a resident of Arkansas ten years previous to the adoption of this constitution, if not a native of the United States; and shall have been a resident of the same at least four years next before his election.
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SEC. 5. He shall, at stated times, receive a compensation for his services, which shall not be increased or diminished during the term for which he shall have been elected; nor shall he receive, within that period, any other emolument from the United States, or any one of them, or from any foreign power.
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SEC. 6. He shall be commander-in-chief of the army of this State, and of the militia thereof, except when they shall be called into the service of the United States.
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SEC. 7. He may require any information, in writing, from the officers of the executive department, on any subject relating to the duties of their respective offices.
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SEC. 8. He may, by proclamation, on extraordinary occasions, convene the general assembly, at the seat of government, or at a different place, if that shall have become, since their last adjournment, dangerous from an enemy or from contagious diseases. In case of disagreement between the two houses with respect to the time of adjournment, he may adjourn them to such time as he shall think proper, not beyond the day of the next meeting of the general assembly.
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SEC. 9. He shall, from time to time, give to the general assembly information of the state of the government, and recommended to their consideration such measures as he may deem expedient.
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SEC. 10. He shall take care that the laws be faithfully executed.
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SEC. 11. In all criminal and penal cases, except in those of treason and impeachment, he shall have power to grant pardons after conviction, and remit fines and forfeitures, under such rules and regulations as shall be prescribed by law. In cases of treason, he shall have power, by and with the advice and consent of the senate, to grant reprieves and pardons; and he may, in the recess of the senate, respite the sentence until the end of the next session of the general assembly.
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SEC. 12. There shall be a seal of this State, which shall be kept by the governor, and used by him officially; and the present seal of the Territory shall be the seal of the State, until otherwise directed by the general assembly.
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SEC. 13. All commissions shall be in the name, and by the authority of the State of Arkansas, be sealed with the seal of the State, signed by the governor, and attested by the secretary of state.
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SEC. 14. There shall be a secretary of state, elected by a joint vote of both houses of the general assembly, who shall continue in office during the term of four years, and until his successor in office be duly qualified. He shall keep a fair register of all the official acts and proceedings of the governor, and shall, when required, lay the same, and all papers, minutes and vouchers relative thereto, before the general assembly; and shall perform such other duties as may be required by law.
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SEC. 15. Vacancies that may happen in offices, the election to which is vested in the general assembly, shall be filled by the governor during the recess of the general assembly, by granting commissions, which shall expire at the end of the next session.
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SEC. 16. Every bill which shall have passed both houses, shall be presented to the governor. If he approve it, he shall sign it; but if he shall not approve it, he shall return it, with his objections, to the house in which it shall have originated, who shall enter his objections at large upon their journals, and proceed to reconsider it. If, after such reconsideration, a majority of the whole number elected to that house shall agree to pass the bill, it shall be sent, with the objections, to the other house, by which, likewise, it shall be reconsidered; and if approved by a majority of the whole number elected to that house, it shall be a law; but in such cases, the votes of both houses shall be determined by yeas and nays; and the names of the persons voting for or against the bill, shall be entered on the journal of each house respectively. If any bill shall not be returned by the governor within three 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 such cases it shall not be a law.
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SEC. 17. Every order or resolution, to which the concurrence of both Houses may be necessary, except on questions of adjournment, shall be presented to the Governor, and before it 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.
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SEC. 18. In case of the impeachment of the Governor, his removal from office, death, refusal to qualify, resignation, or absence from the State, the President of the Senate shall exercise all the authority appertaining to the office of Governor, until another Governor shall have been elected and qualified, or until the Governor, absent or impeached, shall return or be acquitted.
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SEC. 19. If, during the vacancy of the office of Governor, the President of the Senate shall be impeached, removed from office, refuse to qualify, resign, die, or be absent from the State, the Speaker of the House of Representatives shall, in like manner, administer the government.
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SEC. 20. The President of the Senate, and Speaker of the House of Representatives, during the time they respectively administer the government, shall receive the same compensation which the governor would have received, had he been employed in the duties of his office.
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SEC. 21. Whenever the office of Governor shall have become vacant, by death, resignation, removal from office, or otherwise, provided such vacancy shall not happen within eighteen months of the end of the term for which the late Governor shall have been elected, the President of the Senate, or Speaker of the House of Representatives, as the case may be, exercising the powers of Governor for the time being, shall immediately cause an election to be held to fill such vacancy, giving, by proclamation, sixty days' previous notice thereof, which election shall be governed by the same rules prescribed for general elections of Governor, as far as applicable; the returns shall be made to the Secretary of State, who in presence of the acting Governor, and Judges of the Supreme Court, or one of them at least, shall compare them, and together with said acting Governor and Judges, declare who is elected; and if there be a contested election, it shall be decided by the Judges of the Supreme Court, in manner to be prescribed by law.
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SEC. 22. The Governor shall always reside at the seat of government.
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SEC. 23. No person shall hold the office of Governor and any other office or commission, civil or military, either in this State, or under any State, or the United States, or any other power, at one and the same time. I
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SEC. 24. There shall be elected, by the joint vote of both Houses of the General Assembly, an Auditor and Treasurer for this State, who shall hold their offices for the term of two years, and until their respective successors are elected and qualified, unless sooner removed; and shall keep their respective offices at the seat of government, and perform such duties as shall be prescribed by law. And in case of vacancy, by death, resignation, or otherwise, such vacancy shall be filled by the Governor, as in other cases.
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MILITIA
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SECTION 1. The militia of this State shall be divided into convenient divisions, brigades, regiments and companies, and officers of corresponding titles and rank elected to command them, conforming, as nearly as practicable, to the general regulations of the Army of the United States.
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SEC. 2. Major-generals shall be elected by the Brigadier-Generals and field officers of their respective divisions; Brigadier-Generals shall be elected by the field officers and commissioned company officers of their respective brigades; field officers shall be elected by the officers and privates of their respective regiments; and Captains and Subaltern officers shall be elected by those subject to military duty in their respective companies.
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SEC. 3. The Governor shall appoint the Adjutant-General and other members of his staff, and major-generals, brigadier-generals, and commanders of regiments, shall respectively appoint their own staff: and all commissioned officers may continue in office during good behavior; and staff officers during the same time, subject to be removed by the superior officer from whom they respectively derive their commissions.
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ARTICLE VI
JUDICIAL DEPARTMENT
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SECTION 1. The judicial power of this State shall be vested in one supreme court, in circuit courts, in county courts, and in justices of the peace; the general assembly may also vest such jurisdiction as may be deemed necessary in corporation courts, and when they deem it expedient, may establish courts of chancery.
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SEC. 2. The supreme court shall be composed of three judges, one of whom shall be styled chief justice, any two of whom shall constitute a quorum, and the concurrence of any two of said judges shall, in every case, be necessary to a decision. The supreme court, except in cases otherwise directed by this constitution, shall have appellate jurisdiction only, which shall be co-extensive with the State, under such restrictions and regulations as may, from time to time, be prescribed by law; it shall have a general superintending control over all inferior and other courts of law and equity. It shall have power to issue writs of error and supersedeas, certiorari and habeas corpus, mandamus and quo warranto, and other remedial writs, and to hear and determine the same. Said judges shall be conservators of the peace throughout the State. And shall severally have power to issue any of the aforesaid writs.
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SEC. 3. The circuit courts shall have original jurisdiction over all criminal cases which shall not be otherwise provided for by law; and exclusive original jurisdiction of all crimes amounting to felony at the common law; and original jurisdiction of all civil cases which shall not be cognizable before justices of the peace, until otherwise directed by the general assembly; and original jurisdiction in all matters of contracts, where the sum in controversy is over one hundred dollars. It shall hold its terms at such place in each county as may be by law directed.
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SEC. 4. The State shall be divided into convenient circuits, each to consist of not less than five nor more than seven counties, contiguous to each other, for each of which a judge shall be elected, who, during his continuance in office, shall reside and be a conservator of the peace within the circuit for which he shall have been elected.
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SEC. 5. The circuit courts shall exercise a superintending control over the county courts, and over justices of the peace, in each county in their respective circuits; and shall have power to issue all the necessary writs to carry into effect their general and specific powers.
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SEC. 6. Until the general assembly shall deem it expedient to establish courts of chancery, the circuit court shall have jurisdiction in matters of equity, subject to appeal to the supreme court, in such manner as may be prescribed by law.
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SEC. 7. The general assembly shall, by joint vote of both houses, elect the judges of the supreme and circuit courts, a majority of the whole number in joint vote being necessary to a choice. The judges of the supreme court shall be at least thirty years of age; they shall hold their offices during the term of eight years from the date of their commissions. Immediately after such election, by the first general assembly, the president of the senate and speaker of the house of representatives shall proceed by lot to divide the judges into three classes. The commission of the first class shall expire at the end of four years; of the second class at the end of six years; and of the third class at the end of eight years: so that one-third of the whole number shall be chosen every four, six and eight years. The judges of the circuit court shall be at least twenty-five years of age, and shall be elected for the term of four years from the date of their commissions. The supreme court shall appoint its own clerk or clerks for the term of four years. The qualified voters of each county shall elect a clerk of the circuit court for their respective counties, who shall hold his office for the term of two years; and courts of chancery, if any be established, shall appoint their own clerks.
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SEC. 8. The judges of the supreme and circuit courts shall, at stated times, receive a compensation for their services, to be ascertained by law, which shall not be diminished during the time for which they are elected. They shall not be allowed any fees or perquisites of office, nor hold any other office of trust or profit under this State or the United States.. The State's Attorneys, and Clerks of the Supreme and Circuit Courts, and courts of chancery, if any such be established, shall receive for their services such salaries, fees, and perquisites of office, as shall be from time to time fixed by law.
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SEC. 9. There shall be established in each county in the State, a Court to be holden by the Justices of the Peace and called the County Court, which shall have jurisdiction in all matters relating to county taxes, disbursements of money for county purposes, and in every other case that may be necessary to the internal improvement and local concerns of the respective counties.
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SEC. 10. There shall be elected, by the Justices of the Peace of the respective counties, a Presiding Judge of the County Court, to be commissioned by the Governor, and hold his office for the term of two years, and until his successor is elected and qualified. He shall, in addition to the duties that may be required of him by law, as a Presiding Judge of the County Court, be a judge of the Court of Probate and have such jurisdiction in matters relative to the estates of deceased persons, executors, administrators and guardians, as may be prescribed by law, until otherwise directed by the General Assembly.
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SEC. 11. The Presiding judge of the County Court and Justices of the Peace shall receive for their services such compensation and fees as the General Assembly may from time to time by law direct.
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SEC. 12. No judge shall preside on the trial of any cause, in the event of which he may be interested, or where either of the parties shall be connected with him by affinity or consanguinity within such degrees as may be prescribed by law, or in which he may have been of counsel, or have presided in any inferior court, except by consent of all the parties. In case all or any of the Judges of the Supreme Court shall be thus disqualified from presiding on any cause or causes, the Court or Judges thereof shall certify the same to the Governor of the State, and he shall immediately commission specially the requisite number of men, of law-knowledge, for the trial and determination thereof. The same course shall be pursued in the Circuit and other inferior courts, as prescribed in this section for cases in the Supreme Court. Judges of the Circuit Courts may temporarily exchange deceased persons, executors, administrators and guardians, as may be pointed out by law. Judges shall not charge juries with regard to matter of fact; but may state the testimony and declare the law.
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SEC. 13. The General Assembly shall, by a joint vote of both Houses, elect an attorney for the State for each circuit established by law, who shall continue in office two years, and reside within the circuit for which he was elected at the time of and during his continuance in office. In all cases where an attorney for the State of any circuit fails to attend and prosecute according to law, the court shall have power to appoint an attorney pro tempore. The attorney for the circuit in which the Supreme Court may hold its terms, shall attend the Supreme Court and prosecute for the State.
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SEC. 14. All writs and other process shall run in the name of the “State of Arkansas,” and bear test and be signed by the Clerks of the respective courts from which they issue. Indictments shall conclude “against the peace and dignity of the State of Arkansas.”
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SEC. 15. The qualified voters residing in each township shall elect the Justices of the Peace for their respective townships. For every fifty voters there may be elected one Justice of the Peace: Provided, That each township, however small, shall have two justices of the peace. Justices of the Peace shall be elected for the term of two years, and shall be commissioned by the Governor. and reside in the townships for which they were elected, during their continuance in the office. They shall have, individually, or two or more of them jointly, exclusive original jurisdiction in all matters of contract, except in actions of covenant, where the sum in controversy is of one hundred dollars and under. Justices of the Peace shall in no case have jurisdiction to try and determine any criminal case or penal offence against the State; but may sit as examining courts, and commit, discharge, or recognize to the court having jurisdiction, for further trial, of offenders against the peace. For the foregoing purposes they shall have power to issue all necessary process. They shall also have power to bind to keep the peace, or for good behavior.
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SEC. 16. The qualified voters of each township shall elect one constable, for the term of two years, who shall, during his continuance in office, reside in the township for which he was elected. Incorporated towns may have a separate constable and a separate magistracy.
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SEC. 17. The qualified voters of each county shall elect one sheriff, one coroner, one treasurer, and one county surveyor, for the term of two years. They shall be commissioned by the governor, reside in their respective counties during their continuance in office, and be disqualified for the office a second term, if it should appear that they or either of them are in default for any moneys collected by virtue of their respective offices.
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ARTICLE VII
EDUCATION
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SECTION 1. Knowledge and learning, generally diffused through a community, being essential to the preservation of a free government--and diffusing the opportunities and advantages of education through the various parts of the State being highly conducive to this end--it shall be the duty of the general assembly to provide by law for the improvement of such lands as are or hereafter may be granted by the United States to this State for the use of schools, and to apply any funds which may be raised from such lands, or from any other source, to the accomplishment of the object for which they are or may be intended. The general assembly shall, from time to time, pass such laws as shall be calculated to encourage intellectual, scientific and agricultural improvement, by allowing rewards and immunities for the promotion and improvement of arts, science, commerce, manufactures and natural history; and countenance and encourage the principles of humanity, industry and morality.
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EMANCIPATION OF SLAVES
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SECTION 1. The general assembly shall have no power to pass laws for the emancipation of slaves, without the consent of the owners. They shall have no power to prevent emigrants to this State from bringing with them such persons as are deemed slaves by the laws of any one of the United States. They shall have power to pass laws to permit owners of slaves to emancipate them, saving the right of creditors, and preventing them from becoming a public charge. They shall have power to prevent slaves from being brought to this State as merchandise, and also to oblige the owners of slaves to treat them with humanity.
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GENERAL PROVISIONS
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SECTION 1. Treason against the State shall consist only in levying war against it, or adhering to its enemies, 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 his own confession in open court.
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SEC. 2. No person who denies the being of a God, shall hold any office in the civil department of this State, nor be allowed his oath in any court.
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SEC. 3. No money shall be drawn from the treasury but in consequence of an appropriation by law, nor shall any appropriation of money for the support of an army be made for a longer term than two years; and a regular statement and account of the receipts and expenditures of all public moneys shall be published with the promulgation of the laws.
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SEC. 4. Absence on business of this State or of the United States, or on a visit or necessary private business, shall not cause a forfeiture of a residence once obtained.
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SEC. 5. No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed.
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SEC. 6. Internal improvements shall be encouraged by the government of this State, and it shall be the duty of the General Assembly, as soon as may be, to make provisions by law for ascertaining the proper objects of improvement in relation to roads, canals and navigable waters; and it shall also be their duty to provide by law for an equal, systematic and economical application of the funds which may be appropriated to these objects.
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SEC. 7. Returns for all elections for officers who are to be commissioned by the governor, and for members of the General Assembly, shall be made to the Secretary of State.
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SEC. 8. Within five years after the adoption of this Constitution, the laws, civil and criminal, shall be revised, digested and arranged, and promulgated in such manner as the General Assembly may direct; and a like revision, digest and promulgation shall be made within every subsequent period of ten years.
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SEC. 9. In the event of the annexation of any territory to this State, by a cession from the United States, laws may be passed extending to the inhabitants of such territory all the rights and privileges which may be required by the terms of such cession, anything in this Constitution to the contrary notwithstanding.
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SEC. 10. The person of a debtor, except where there is strong presumption of fraud, shall neither be imprisoned nor continued in prison, after delivering up his estate for the benefit of his creditors, in such manner as may be prescribed by law.
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REVENUE
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SECTION 1. All revenue shall be raised by taxation, to be fixed by law.
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SEC. 2. All property subject to taxation, shall be taxed according to its value-that value to be ascertained in such manner as the General Assembly shall direct; making the same equal and uniform throughout the State. No one species of property, from which a tax may be collected, shall be taxed higher than another species of property, of equal value: Provided, The General Assembly shall have power to tax merchants, hawkers, peddlers, and privileges, in such manner as may from time to time be prescribed by law: And provided further, That no other or greater amount of revenue shall at any time be levied than required for the necessary expenses of the government, unless by a concurrence of two-thirds of both Houses of the General Assembly.
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SEC. 3. No poll-tax shall be assessed for other than county purposes.
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SEC. 4. No other or greater tax shall be levied on the productions or labor of the country, than may be required for expenses of inspection.
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ESTABLISHMENT OF BANKS
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SECTION 1. The General Assembly may incorporate one State bank, with such amount of capital as may be deemed necessary, and such number of branches as may be required for the public convenience, which shall become the repository of the funds belonging to or under the control of the State; and shall be required to loan them out throughout the State, and in each county, in proportion to representation. And they shall further have power to incorporate one other banking institution, calculated to aid and promote the great agricultural interests of the country; and the faith and credit of the State may be pledged to raise the funds necessary to carry into operation the two banks herein specified: Provided, Such security can be given by the individual stockholders as will guarantee the State against loss or injury.
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SCHEDULE
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SECTION 1. That no inconvenience may arise from the change of government, we declare that all writs, actions, prosecutions, judgments, claims and contracts of individuals and bodies corporate, shall continue as if no change had taken place; and all process which may be issued under the authority of the Territory of Arkansas, previous to the admission of Arkansas into the Union of the United States, shall be as valid as if issued in the name of the State.
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SEC. 2. All laws now in force in the Territory of Arkansas, which are not repugnant to this constitution, shall remain in force until they expire by their own limitations, or be altered or repealed by the general assembly.
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SEC. 3. All fines, penalties and escheats, accruing to the Territory of Arkansas, shall accrue to the use of the State.
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SEC. 4. All recognizances heretofore taken, or which may be taken before the change of territorial to a permanent State government, shall remain valid, and shall pass over to, and be prosecuted in the name of the State; and all bonds executed to the governor of the Territory, or to any other officer or court, in his or their official capacity, shall pass over to the governor or State authority, and their successors in office, for the uses therein respectively expressed; and may be sued for and recovered accordingly. All criminal prosecutions and penal actions which may have arisen, or which may arise, before the change from a territorial to a State government, and which shall then be pending, shall be prosecuted to judgment and execution in the name of the State. All actions at law, which now are, or may be pending, in any of the courts of record in the Territory of Arkansas, may be commenced in, or transferred to any court of record of the State which shall have jurisdiction of the subject-matter thereof; and all suits in equity may, in like manner, be commenced in, or transferred to, the court having chancery jurisdiction.
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SEC. 5. All officers, civil and military, now holding commissions under authority of the United States, or of the Territory of Arkansas, shall continue to hold and exercise their respective offices until they shall be superseded under the authority of the State.
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SEC. 6. The first session of the general assembly of the State of Arkansas shall be held at the city of Little Rock, which shall be and remain the seat of government until otherwise provided for by law.
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SEC. 7. Elections shall be held at the several precincts, on the first Monday of August next, for a governor; also, one Representative to the Congress of the United States; also, for Senators and representatives to the next general assembly, clerks of the circuit and county courts, sheriffs, coroners, county surveyors and treasurers, justices of the peace and constables.
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SEC. 8. The next general assembly shall be holden on the second Monday of September next.
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SEC. 9. The election shall be conducted according to the existing laws of the Territory of Arkansas; and the returns of all township elections held in pursuance thereof, shall be made to the clerks of the proper counties, within five days after the day of election. The clerks of the circuit courts of the several counties shall immediately thereafter certify the returns of the election of governor, and transmit the same to the speaker of the house of representatives, at the seat of government, in such time that they may be received on the second Monday of September next. As soon as the general assembly shall be organized, the speaker of the house of representatives and the president of the senate shall, in the presence of both houses, examine the returns, and declare who is duly elected to fill that office; and if any two or more persons shall have an equal number of votes, and a higher number than any other person, the general assembly shall determine the election by a joint vote of both houses; and the returns of the election for member to Congress shall be made to the secretary of state, within thirty days after the day of election.
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SEC. 10. The oaths of office may be administered by any judge or justice of the peace, until the general assembly shall otherwise direct. I
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Done in convention, at Little Rock, in the State of Arkansas, the thirtieth day of January, in the year of our Lord, one thousand eight hundred and thirty-six, and in the sixtieth year of the Independence of the United States of America.
JOHN WILSON, President.
CHARLES P. BERTRAND, Secretary.
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Article 9099.0 created by amendment 1 |
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AMENDMENTS TO THE CONSTITUTION OF 1836
(Ratified November 17, 1846)
ARTICLE 1. No bank or banking institution shall be hereafter incorporated, or established in this State.
[Ratified November 17, 1846]
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ART. II. The general assembly shall have power to compel the judges of the circuit courts to interchange circuits either temporarily or permanently, under such regulations as may be provided by law.
[Ratified November 17, 1846]
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ART. III. The general assembly shall have power to confer such jurisdiction as it may from time to time deem proper, on justices of the peace in all matters of contracts, covenants, and in actions for the recovery of fines and forfeitures, when the amount claimed does not exceed one hundred dollars, and in actions and prosecutions for assault and battery, and other penal offences, less than felony, which may be punishable by fine only.
[Ratified November 17, 1846]
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ART. IV. Judges of the supreme and circuit courts, clerks of the supreme and circuit courts, attorneys for the State, sheriffs, coroners, county treasurers, justices of the peace, constables, and all other officers whose terms fixed by the constitution to a specific number of years, shall hold their respective offices for the term now specified, and until their successors are elected and qualified.
[Ratified November 17, 1846]
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ART. V. That the qualified voters of each judicial circuit in the State of Arkansas, shall elect their circuit judge.
(Ratified November 24, 1848)
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No Section Text |
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ART. VI. That the qualified voters of each judicial circuit shall elect their prosecuting attorney for the State.
(Ratified November 24, 1848)
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No Section Text |
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ART. VII. That the qualified voters of each county shall elect a county and probate judge.
(Ratified November 24, 1848)
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No Section Text |
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ART. VIII. That no member of the general assembly shall be elected to any office within the gift of the general assembly during the term for which he shall have been elected.
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No Section Text |
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ART. IX. That the general assembly of the State of Arkansas shall not be restricted, as to the number of counties that shall compose a judicial circuit in this State.
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CONSTITUTION OF ARKANSAS-1864
We, the people of the State of Arkansas, having the right to establish for ourselves a Constitution in conformity with the Constitution of the United States of America, recognizing the legitimate consequences of the existing rebellion, do hereby declare the entire action of the late convention of the State of Arkansas, which assembled in the city of Little Rock, on the fourth day of March, one thousand eight hundred and sixty-one, was, and is, null and void, and is not now, and never has been binding and obligatory upon the people.
That all the action of the State of Arkansas under the authority of said convention, of its ordinances, or of its constitution, whether legislative, executive, judicial or military (except as hereinafter provided,) was, and is hereby declared null and void; Provided, That this ordinance shall not be so construed as to affect the rights of individuals, or change county boundaries, or county seats, or to make invalid the acts of justices of the peace, or other officers in their authority to administer oaths, or take and certify the acknowledgment of deeds of conveyance or other instruments of writing, or in the solemnization of marriages: And provided further, That no debt or liability of the State of Arkansas incurred by the action of said convention, or of the legislature or any department of the government under the authority of either, shall ever be recognized as obligatory.
And we, the people of the State of Arkansas, in order to establish therein a State government, loyal to the Government of the United States-to secure to ourselves and our posterity, the protection and blessings of the Federal Constitution, and the enjoyment of all the rights of liberty and the free pursuit of happiness, do agree to continue ourselves as a free and independent State, by the name and style of “the State of Arkansas,” and do ordain and establish the following Constitution for the government thereof:
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ARTICLE I
BOUNDARIES OF THE STATE
We do declare and establish, ratify and confirm the following as the permanent boundaries of the State of Arkansas, that is to say: Beginning in the middle of the Mississippi River, on the parallel of thirty-six degrees north latitude, to the Saint Francis River; thence up the middle of the main channel of said river, to the parallel of thirty-six degrees, thirty minutes, north, from the west to the southwest corner of the State of Missouri; and from thence to be bounded on the west to the north bank of Red River, as by acts of Congress of the United States, and the treaties heretofore defining the western limits of the Territory of Arkansas; and to be bounded on the south side of Red River by the boundary-line of the State of Texas, to the northwest corner of the State of Louisiana; thence east with the Louisiana State line, to the middle of the main channel of the Mississippi River; thence up the middle of the main channel of said river, to the thirty-sixth degree of north latitude, the point of beginning-these being the boundaries of the State of Arkansas as defined by the constitution thereof, adopted by a convention of the representatives of the people of said State, on the thirtieth day of January, anno Domini, eighteen hundred and thirty-six, being the same boundaries which limited the area of the Territory of Arkansas as it existed prior to that time.
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ARTICLE II
DECLARATION OF RIGHTS
That the great and essential principles of liberty and free government may be unalterably established, we declare:
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SECTION 1. That all men, when they form a social compact, are equal, and have certain inherent and indefeasible rights, amongst which are those of enjoying and defending life and liberty; of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.
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SEC. 2. That all power is inherent in the people; and all free governments are founded on their authority, and instituted for their peace and happiness. For the advancement of these ends, they have, at all times, an unqualified right to alter, reform, or abolish their government in such manner as they may think proper.
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SEC. 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; and no man can, of right, be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent; that no human authority can, in any case whatever, interfere with the rights of conscience; and that no preference shall ever be given to any religious establishment or mode of worship.
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SEC. 4. That the civil rights, privileges or capacities of any citizen shall in no wise be diminished or enlarged on account of his religion.
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SEC. 5. That all elections shall be free and equal.
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SEC. 6. That the right of trial by jury shall remain inviolate.
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SEC. 7. That printing-presses shall be free to ever person; and no law shall ever be made to restrain the rights thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen may freely speak, write and print, on any subject-being responsible for the abuse of that liberty.
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SEC. 8. In prosecutions for the publication of papers investigating the official conduct of officers or men in public capacity, or where the matter published is proper for public information, the truth thereof, may be given in evidence, and in all indictments for libels, the jury shall have the right to determine the law and the facts.
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SEC. 9. That the people shall be secure in their persons, houses, papers and possessions, from unreasonable search and seizures; and that general warrants, whereby any officer may be commanded to search suspected places without evidence of the fact committed, or to seize any person or persons not named, whose offences are not particularly described and supported by evidence, are dangerous to liberty, and shall not be granted.
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SEC. 10. That no man shall be taken or imprisoned, or disseized of his freehold, liberties or privileges, or outlawed or exiled, or in any manner destroyed, or deprived of his life, liberty, or property, but by the judgment of his peers or the law of the land.
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SEC. 11. That in all criminal prosecutions, the accused hath a right to be heard by himself and counsel; to demand the nature and cause of the accusation against him, and to have a copy thereof; to meet the witnesses face to face; to have compulsory process for obtaining witnesses in his favor; and in prosecutions by indictment or presentment, a speedy public trial by an impartial jury of the county or district in which the crime may have been committed; and shall not be compelled to give evidence against himself.
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SEC. 12. That no person shall for the same offence, be twice put in jeopardy of life or limb.
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SEC. 13. That all penalties shall be reasonable, and proportioned to the nature of the offence.
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SEC. 14. That no man shall be put to answer any criminal charge, but by presentment, indictment or impeachment, except as hereinafter provided.
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SEC. 15. That no conviction shall work corruption of blood or forfeiture of estate, under any law of this State.
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SEC. 16. That all prisoners shall be bailable by sufficient securities, unless in capital offences, where the proof is evident or the presumption great. And the privilege of the writ of habeas corpus shall not be suspended, unless where in case of rebellion or invasion the public safety may require it.
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SEC. 17. That excessive bail shall in no case be required, nor excessive fines imposed.
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SEC. 18. That no ex post facto law, or law impairing the obligations of contracts shall ever be made.
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SEC. 19. That perpetuities and monopolies are contrary to the genius of a republic, and shall not be allowed; nor shall any hereditary emoluments, privileges or honors, ever be granted or conferred in this State.
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SEC. 20. That the citizens have a right, in a peaceable manner, to assemble together for their common good to instruct their representatives, and to apply to those invested with the power of the government for redress of grievances or other proper purposes, by address or remonstrance.
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SEC. 21. That the free white men of this State shall have a right to keep and to bear arms for their common defence.
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SEC. 22. That no soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner prescribed by law.
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SEC. 23. The military shall be kept in strict subordination to the civil power.
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SEC. 24. This enumeration of rights shall not be construed to deny or disparage others retained by the people, and to guard against any encroachments on the rights herein retained, or any transgression of any of the higher powers herein delegated, we declare that everything in this article is excepted out of the general powers of the government, and shall forever remain inviolate; and that all laws contrary thereto, or to the other provisions herein contained, shall be void.
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ARTICLE III
OF DEPARTMENTS
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SECTION 1. The power of the government of the State of Arkansas shall be divided into three distinct departments, each of them to be confided to a separate body of magistracy, to wit: Those which are legislative to one; those which are executive to another; and those which are judicial to another.
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SEC. 2. No person or collection of persons being of one of those departments, shall exercise any power belonging to either of the others, except in the instances hereinafter expressly directed or permitted.
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ARTICLE IV
LEGISLATIVE DEPARTMENT
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SECTION 1. The legislative power of this State shall be invested in a general assembly, which shall consist of a senate and house of representatives.
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QUALIFICATION OF ELECTORS
SEC. 2. Every free white male citizen of the United States who shall have attained the age of twenty-one years, and who shall have been a citizen of the State six months next preceding the election, shall be deemed a qualified elector, and be entitled to vote in the county or district where he actually resides, or in case of volunteer soldiers, within their several military departments or districts, for each and every office made elective under the State or under the United States: Provided, That no soldier, seaman or marine in the Regular Army or Navy of the United States shall be entitled to vote at any election within the State in time of peace: And provided further, That any one entitled to vote in this State in the county where he resides, may vote for the adoption or rejection of this constitution in any county in this State.
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TIME OF CHOOSING REPRESENTATIVES
SEC. 3. The house of representatives shall consist of members to be chosen every second year by the qualified electors of the several counties.
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QUALIFICATIONS OF A REPRESENTATIVE
SEC. 4. No person shall be a member of the house of representatives who shall not have attained the age of twenty-five years; who shall not be a free male white citizen of the United States; who shall not have been an inhabitant of this State one year; and who shall not, at the time of his election, have an actual residence in the county he may be chosen to represent.
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QUALIFICATIONS OF A SENATOR
SEC. 5. The senate shall consist of members to be chosen every four years, by the qualified electors of the several districts.
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SEC. 6. No person shall be a senator who shall not have attained the age of twenty-five years; who shall not be a free, white male citizen of the United States; who shall not have been an inhabitant of this State one year; and who shall not, at the time of his election, have an actual residence in the district he may be chosen to represent.
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SEC. 7. The general assembly shall meet every two years, on the first Monday in November, at the seat of government, until changed by law, except that the general assembly for the year 1864, shall meet on the second Monday in April of that year.
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MODE OF ELECTION AND TIME AND PRIVILEGES OF ELECTORS
SEC. 8. All general elections shall be viva voce until otherwise directed by law, and commence and beholden every two years, on the first Monday in August, until altered by law, (except that) the first election under this constitution shall be held on the second Monday in March, 1864, and the electors in all cases, except in cases of treason, felony and breach of the peace, shall be privileged from arrest during their attendance on elections and in going to and returning therefrom.
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DUTY OF GOVERNOR
SEC. 9. The governor shall issue writs of election to fill such vacancies as shall occur in either house of the general assembly.
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SEC. 10. No judge of the supreme circuit, or inferior courts of law, or equity, Secretary of State, Attorney-General of the State, District Attorneys, State Auditor or Treasurer, register or recorder, clerk of any court of record, sheriff, coroner or member of Congress, nor any other person holding any lucrative office under the United States or this State, (militia officers, justices of the peace, postmasters and judges of the county courts excepted,) shall be eligible to a seat in either House of the General Assembly.
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SEC. 11. No person who now is, or shall be hereafter, a collector or holder of public money, nor any assistant or deputy of such holder or collector of public money, shall be eligible to a seat in either House of the General Assembly, nor to any office of trust or profit; until he shall have accounted for and paid over all sums for which he may have been liable.
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SEC. 12. The General Assembly shall exclude from every office of trust or profit, and from the right of suffrage within this State, all persons convicted of bribery, or perjury, or other infamous crime.
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SEC. 13. Every person who shall have been convicted, either directly or indirectly, of giving or offering any bribe to procure his election or appointment, shall be disqualified from holding any office of trust or profit under this State; and any person who shall give or offer any bribe to procure the election or appointment of any person shall, on conviction thereof, be disqualified from being an elector, or from holding office of trust or profit under this State.
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SEC. 14. No senator or representative shall, during the term for which he shall have been elected, be appointed to any civil office under this State which shall have been created, or the emoluments of which shall have been increased during his continuance in office, except to such office as shall be filled by the election of the people.
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SEC. 15. Each House shall appoint its own officers, and shall judge of the qualifications, returns and elections of its own members. Two-thirds of each house shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each house shall provide.
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SEC. 16. Each house may determine the rules of its proceedings, punish its own members for disorderly behavior, and, with the concurrence of two-thirds of the members elected, expel a member; but no member shall be expelled a second time for the same offence. They shall each, from time to time, publish a journal of their proceedings, except such parts as may require secrecy; and the yeas and nays upon any question shall be entered on the journal at the desire of any five members.
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SEC. 17. The door of each house, when in session or in committee of the whole, shall be kept open, except in cases which may require secrecy; and each house may punish, by fine and imprisonment, any person, not a member, who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in their presence during their session; but such imprisonment shall not extend beyond the final adjournment of that session.
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SEC. 18. Bills may originate in either House, and be amended or rejected in the other, and every bill for an act shall be read three times before each house, twice at length, and in no case shall a bill be read more than twice on one day; and the vote upon the passage of any law shall, in all cases, be taken by yeas and nays, and by recording the same; and every bill having passed both houses, shall be signed by the president of the senate and the speaker of the house of representatives.
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SEC. 19. Whenever an officer, civil or military, shall be appointed by the joint or concurrent vote of both houses, or by the separate vote of either house of the General Assembly, the vote shall be taken viva voce, and entered on the journal.
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SEC. 20. The senators and representatives shall, in all cases except treason, felony or breach of the peace, be privileged from arrest during the session of the General Assembly, and for fifteen days before the commencement and after the termination of each session; and for any speech or debate in either House, they shall not be questioned in any other place.
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SEC. 21. The members of the General Assembly shall severally receive from the public treasury, compensation for their services, which may be increased or diminished; but no alteration of such compensation of members shall take effect during the session at which it is made.
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MANNER OF BRINGING SUITS AGAINST THE STATE
SEC. 22. The general assembly shall direct by law, in what. courts, and in what manner suits may be commenced against the State.
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SEC. 23. The general assembly shall not have power to pass any bill of divorce, but may prescribe by law the manner in which such cases may be investigated in the courts of justice, and divorces granted.
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SEC. 24. The governor, lieutenant-governor, secretary of state, auditor, treasurer, and all judges of the supreme, circuit and inferior courts of law and equity, and the prosecuting attorneys for the State, shall be liable to impeachment for any malpractice or misdemeanor in office, but judgment in such cases shall not extend further than removal from office, and disqualification to hold any office of trust or profit under this State. The party impeached, whether convicted or acquitted, shall nevertheless be liable to be indicted, tried and punished according to law.
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SEC. 25. The house of representatives shall have the sole power of impeachment, and all impeachments shall be tried by the senate; and when sitting for that purpose, the senators shall be on oath or affirmation to do justice according to law and evidence. When the governor shall be tried, the chief justice of the supreme court shall preside, and no person shall be convicted without the concurrence of two-thirds of all the senators elected; and for reasonable cause which shall not be sufficient round for impeachment, the governor shall, on the joint address of two-thirds of each branch of the legislature, remove from office the judges of the supreme and inferior courts: Provided, The cause or causes of removal be spread on the journals, and the party charged be notified of the same, and heard by himself and counsel before the vote is finally taken and decided.
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SEC. 26. The appointment of all officers, not otherwise directed by this constitution, shall be made in such manner as may be prescribed by law; and all officers, both civil and military, acting under the authority of this State, shall, before entering on the duties of their respective offices, take an oath or affirmation to support the Constitution of the United States and of this State, and to demean themselves faithfully in office.
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SEC. 27. No county now established by law shall ever be reduced by the establishment of any new county or counties, to less than six hundred square miles, nor to a less population than its ratio of representation in the house of representatives; nor shall any county be hereafter established which shall contain less than six hundred square miles, or a less population than would entitle each county to a member in the house of representatives.
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SEC. 28. The style of the laws of this State shall be-"Be it enacted by the general assembly of the State of Arkansas."
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SEC. 29. The State shall from time to time be divided into convenient districts, in such manner that the senate shall be based upon the free, white male inhabitants of the State, each senator representing an equal number as nearly as practicable; and the senate shall never consist of less than seventeen nor more than thirty-three members; and as soon as the senate shall meet after the first election to be held under this constitution, they shall cause the senators to be divided by lot into two classes, nine of the first class and eight of the second; and the seats of the first class shall be vacated at the end of two years from the time of their election; and the seats of the second class at the end of four years from the time of their election, in order that one class of the senators may be elected every two years.
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SEC. 30. An enumeration of the inhabitants of the State shall be taken under the direction of the general assembly on the first day of January, one thousand eight hundred and sixty-five, and at the end of every ten years thereafter; and the general assembly shall, at the first session after the return of every enumeration, so alter and arrange the senatorial districts, that each district shall contain, as nearly as practicable, an equal number of free white male inhabitants.
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SEC. 31. The ratio of representation in the senate shall be fifteen hundred free white male inhabitants to each senator, until the senators amount to twenty-five in number, and then they shall be equally apportioned upon the same basis throughout the State, in such ratio as the increased number of free white male inhabitants may require, without increasing the senators to a greater number than twenty-five, until the population of the State amounts to five hundred thousand souls; and when an increase of senators takes place, they shall, from time to time, be divided by lot, and be classed as prescribed above.
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SEC. 32. The house of representatives shall consist of not less than fifty-four, nor more than one hundred representatives, to be apportioned among the several counties in this State, according to the number of free white male inhabitants therein, taking five hundred as the ratio, until the number of representatives amounts to seventy-five; and when they amount to seventy-five, they shall not be further increased until the population of the State amounts to five hundred thousand souls: Provided, That each county now organized, shall, although its population may not give the existing ratio, always be entitled to one representative; and at the first session of the general assembly, after the return of every enumeration, the representation shall be equally divided and re-apportioned among the several counties, according to the number of free white males in each county, as above prescribed.
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MODE OF AMENDING THE CONSTITUTION
The General Assembly may, at any time, propose such amendments to this Constitution as two-thirds of each house shall deem expedient, which shall be published in all the newspapers published in this State, three several times, at least twelve months before the next General Election; and if, at the first session of the General Assembly after such general election, two-thirds of each House shall, by yeas and nays, ratify such proposed amendments, they shall be valid to all intents and purposes as parts of this Constitution: Provided, That such proposed amendments shall be read on three several days in each House, as well when the same are proposed as when they are finally ratified.
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ARTICLE V
ABOLISHMENT OF SLAVERY
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SECTION 1. Neither slavery nor involuntary servitude shall hereafter exist in this State, otherwise than for the punishment of crime, whereof the party shall have been convicted by due process of law; nor shall any male person, arrived at the age of twenty-one years, nor female arrived at the age of eighteen years, be held to serve any person as a servant, under any indenture or contract hereafter made, unless such person shall enter into such indenture or contract while in a state of perfect freedom, and on condition of a bona-fide consideration received, or to be received for their services.
Nor shall any indenture of any negro or mulatto hereafter made and executed out of this State, or if made in this State, where the term of service exceeds one year, be of the least validity, except those given in case of apprenticeship, which shall not be for a longer term than until the apprentice shall arrive at the age of twenty-one years, if a male, or the age of eighteen years, if a female.
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ARTICLE VI
EXECUTIVE DEPARTMENT
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SECTION 1. The supreme executive power of this State shall be vested in a chief magistrate, who shall be styled “the Governor of Arkansas.”
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SEC. 2. The Governor shall be elected by the qualified electors, at the time, and places where they shall respectively vote for Representatives.
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SEC. 3. The returns of every election for Governor, except those of the election of eighteen hundred and sixty-four, which shall be scaled and directed, as ordered in the schedule appended to this Constitution, shall be sealed up and transmitted to the speaker of the House of Representatives, who shall, during the first week of the session, open and publish them in the presence of both Houses of the General assembly. The person having the highest number of votes shall be governor; but if two or more shall be equal and highest in votes, one of them shall be chosen governor by the joint vote of both houses of the general assembly, in such manner as shall be prescribed by law.
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SEC. 4. The governor shall hold his office for the term of four years from the time of his installation, and until his successor shall be duly qualified, but he shall not be eligible for more than eight years in any term of twelve years; he shall be at least thirty years of age, a native-born citizen of Arkansas, or a native-born citizen of the United States, or a resident of Arkansas ten years previous to the adoption of this constitution, if not a native of the United States, and shall have been a resident of the same at least four years next before his election.
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SEC. 5. He shall, at stated times, receive a compensation for his services, which shall not be increased or diminished during the term for which he shall have been elected; nor shall he receive, within that period, any other emolument from the United States, or any one of them, or from any foreign power.
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SEC. 6. He shall be commander- in-chief of the army of this State, and of the militia thereof, except when they shall be called into the service of the United States.
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SEC. 7. He may require any information, in writing, from the officers of the executive department on any subject relating to the duties of their respective offices.
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SEC. 8. He may, by proclamation, on extraordinary occasions, convene the general assembly at the seat of government, or at a different place, if that shall have become, since their last adjournment, dangerous from an enemy, or from contagious diseases. In case of disagreement between the two houses, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper, not beyond the day of the next meeting of the general assembly.
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SEC. 9. He 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.
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SEC. 10. He shall take care that the laws be faithfully executed.
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SEC. 11. In all criminal and penal cases, except in those of treason and impeachment, he shall have power to grant pardons, after conviction, and remit fines and forfeitures, under such rules and regulations as shall be prescribed by law. In cases of treason, he shall have power, by and with the advice and consent of the senate, to grant reprieves and pardons, and he may, in the recess of the senate, respite the sentence until the end of the next session of the general assembly.
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SEC. 12. There shall be a seal of this State, which shall be kept by the governor, and used by him officially.
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SEC. 13. All commissions shall be in the name and by the authority of the State of Arkansas, be sealed with the seal of this State, signed by the governor, and attested by the secretary of state.
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SEC. 14. There shall be elected a secretary of state by the qualified voters of the State, who shall continue in office during the term of four years, and until his successor in office be duly qualified; he shall keep a fair register of all official acts and proceedings of the governor, and shall, when required, lay the same, and all papers, minutes and vouchers relative thereto, before the general assembly, and shall perform such other duties as may be required by law.
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SEC. 15. Vacancies that may happen in offices, the election of which is vested in the general assembly, shall be filled by the governor, during the recess of the general assembly, by granting commissions, which shall expire at the end of the next session.
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SEC. 16. Vacancies that may occur in offices, the election to which is vested in the people, within less than one year before the expiration of their term, shall be filled by the governor granting commissions, which shall expire at the end of the next term; but if one year or a longer period remains unexpired at the time of the vacancy, then, and in that case, the governor shall order an election to be held to fill the vacancy.
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SEC. 17. Every bill which shall have passed both houses shall be presented to the governor; if he approve it, he shall sign it; but if he shall not approve it, he shall return it, with his objections, to the house in which it shall have originated, who shall enter his objections at large upon their journals, and proceed to reconsider it. If, after such reconsideration, a majority of the whole number elected to that House shall agree to pass the bill, it shall be sent, with the objections, to the other House, by which, likewise, it shall be considered, and if approved by a majority of the whole number elected to that House, it shall be a law; but in such cases, the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for or against the bill, shall be entered on the journals of each House respectively. If any bill shall not be returned by the Governor within three 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 such case it shall not be a law.
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SEC. 18. Every order or resolution, to which the concurrence of both Houses may be necessary, except on questions of adjournment, shall be presented to the Governor before it 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.
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SEC. 19. A Lieutenant-Governor shall be chosen at every election for Governor, in the same manner, continue in office for the same time, and possess the same qualifications. In voting for Governor and Lieutenant-Governor, the electors shall distinguish for whom they vote as Governor, and for whom as Lieutenant-Governor.
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SEC. 20. He shall, by virtue of his office, be President of the Senate, have a right, when in committee of the whole, to debate, and, whenever the Senate are equally divided, shall give the casting vote.
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SEC. 21. Whenever the government shall be administered by the Lieutenant-Governor, or he shall be unable to attend as President of the Senate, the Senate shall elect one of their own members as president for that occasion; and if, during the vacancy of the office of the Governor, the Lieutenant-Governor shall be impeached, removed from office, refuse to qualify, or resign, or die, or be absent from the State, the President of the Senate shall, in like manner, administer the government.
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SEC. 22. The Lieutenant-Governor, while he acts as President of the Senate, shall receive for his services the same compensation, which shall for the same period be allowed to the Speaker of the House of Representatives, and no more, and during the time he administers the government as Governor, he shall receive the same compensation which the Governor would have received had he been employed in the duties of his office.
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SEC. 23. In case of an impeachment of the Governor, his removal from office, death, refusal to qualify, resignation, or absence from the State, the Lieutenant-Governor shall exercise all the power and authority appertaining to the office of Governor, until the time pointed out by this Constitution for the election of a Governor shall arrive, unless the General Assembly shall provide by law for the election of Governor to fill such vacancy.
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SEC. 24. The Governor shall always reside at the seat of government.
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SEC. 25. No person shall hold the office of Governor or Lieutenant-Governor, and any other office or commission, civil or military, either in this State or under any State, or the United States, or any other power, at one and the same time.
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SEC. 26. There shall be elected by the qualified voters of this State, an Auditor and Treasurer for this State, who shall hold their offices for the term of two years, and until their respective successors are elected and qualified, unless sooner removed, and shall keep their respective offices at the seat of government, and shall perform such duties as shall be prescribed by law; and in case of vacancy by death, resignation or otherwise, such vacancy shall be filled by the Governor as in other cases.
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MILITIA
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SECTION 1. The militia of this State shall be divided into convenient divisions, brigades, regiments and companies, and officers of corresponding titles and rank elected to command them, conforming, as nearly as practicable, to the general regulations of the Army of the United States; and all officers shall be elected by those subject to military duty in their several districts, except as hereinafter provided.
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SEC. 2. The Governor shall appoint the Adjutant-General and other members of his staff; and Major-Generals, Brigadier-Generals, and Commanders of regiments, shall respectively appoint their own staff; and all commissioned officers may continue in office during good behavior, and staff officers during the same time, subject to be removed by the superior officer from whom they respectively derive their commissions.
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ARTICLE VII
JUDICIAL DEPARTMENT
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SECTION 1. The judicial power of this State shall be vested in one supreme court, in circuit courts, in county courts, and in justices of the peace. The general assembly may also vest such jurisdiction as may be deemed necessary in corporation courts, and when they deem it expedient, may establish courts of chancery.
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SEC. 2. The supreme court shall be composed of three judges, one of whom shall be styled chief justice, any two of whom shall constitute a quorum, and the concurrence of any two of said judges shall, in every case, be necessary to a decision.
The supreme court, except in cases otherwise directed by this constitution, shall have appellate jurisdiction only, which shall be co extensive with the State, under such restrictions and regulations as may, from time to time, be prescribed by law.
It shall have a general superintending control over all inferior and other courts of law and equity. It shall have power to issue writs of error, supersedeas, certiorari and habeas corpus, mandamus and quo warranto, and other remedial writs, and to hear and determine the same. Said judges shall be conservators of the peace throughout the State, and shall have power to issue any of the aforesaid writs.
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SEC. 3. The circuit court shall have original jurisdiction over all criminal cases which shall not be otherwise provided for by law; and exclusive original jurisdiction of all crimes amounting to felony at the common law, and original jurisdiction of all civil cases which shall not be cognizable before justices of the peace, until otherwise directed by the general assembly; and original jurisdiction in all matters of contract, where the sum in controversy is over two hundred dollars. It shall hold its terms at such place in each county as may be by law directed.
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SEC. 4. The State shall be divided into convenient circuits, each to consist of not less than five nor more than seven counties contiguous to each other, for each of which a judge shall be elected, who, during his continuance in office, shall reside and be a conservator of the peace, within the circuit for which he shall have been elected.
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SEC. 5. The circuit courts shall exercise a superintending control over the county courts, and over justices of the peace in each county, in their respective circuits, and shall have power to issue all the necessary writs to carry into effect their general and specific powers.
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SEC. 6. Until the general assembly shall deem it expedient to establish courts of chancery, the circuit courts shall have jurisdiction in matters of equity, subject to appeal to the supreme court, in such manner as may be prescribed by law.
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SEC. 7. The qualified voters of this State shall elect the judges of the supreme court; the judges of the supreme court shall be at least thirty years of age; they shall hold their offices during the term of eight years from the date of their commissions, and until their successors are elected and qualified.
Immediately after such election by the people, the lieutenant-governor and speaker of the house of representatives shall proceed, by lot, to divide the judges into three classes. The commission of the first class shall expire at the end of four years; of the second class at the end of six years; and of the third class at the end of eight years; so that one-third of the whole number shall be chosen every four, six and eight years.
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SEC. 8. The qualified voters of each judicial district shall elect a circuit judge. The judges of the circuit court shall be at least twenty-five years of age, and shall be elected for the term of four years from the date of their commissions, and shall serve until their successors are elected and qualified.
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SEC. 9. The supreme court shall appoint its own clerk or clerks, for the term of four years. The qualified voters of each county shall elect a clerk of the circuit court for the respective counties, who shall hold his office for the term of two years, and until his successor is elected and qualified; and courts of chancery, if any be established, shall appoint their own clerks.
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SEC. 10. The Judges of the Supreme Courts and Circuit Courts shall, at stated times, receive a compensation for their services, to be ascertained by law, which shall not be diminished during the time for which they are elected. They shall not be allowed any fees or perquisites of office, nor hold any other office of trust or profit under this State or the United States. The Attorney-General, the State's Attorneys, and Clerks of the Supreme and circuit Courts, and courts of chancery, if any such be established, shall receive for their services such salaries, fees and perquisites of office, as shall, from time to time, be fixed by law.
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SEC. 11. There shall be established in each county in the State, a court to be holden by the Justices of the Peace, a court called the County Court, which shall have jurisdiction in all matters relating to taxes, disbursements of money for county purposes, and in every other case that may be necessary to the internal improvement and local concerns of the respective counties.
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SEC. 12. The qualified voters of each county shall elect a County and Probate Judge, who shall hold his office for two years, and until his successor is elected and qualified. He shall, in addition to the duties that may be required of him by law, as a presiding judge of the County Court, be a judge of the court of probate, and have such jurisdiction in matters relating to the estates of deceased persons, executors, administrators and guardians, as may be prescribed by law, until otherwise directed by the General Assembly.
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SEC. 13. The presiding Judge of the Probate and County Court, and Justices of the Peace, shall receive for their services such compensation and fees as the General Assembly may from time to time by law direct.
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SEC. 14. No judge shall preside on the trial of any cause in the event of which he may be interested, or where either of the parties shall be connected with him by affinity or consanguinity, within such degrees as may be prescribed by law, or in which he may have been counsel, or have presided in any inferior court, except by consent of all the parties. In case all or any of the Judges of the Supreme Court shall be thus disqualified from presiding on any cause or causes, the court or judges thereof shall certify the same to the Governor of the State, and he shall immediately commission, specially, the requisite number of men of law-knowledge, for the trial and determination thereof. The same course shall be pursued in the Circuit and inferior courts as prescribed in this section for cases of the Supreme Court. Judges of the Circuit Courts may temporarily exchange circuits, or hold courts for each other, under such regulations as may be pointed out by law. Judges shall not charge juries with regard to matter of fact, but may state the testimony and declare the law.
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SEC. 15. The qualified voters thereof shall elect an Attorney for the State, for each judicial circuit established by law, who shall continue in office two years, and until his successor is elected and qualified, and reside within the circuit for which he was elected at the time of, and during his continuance in office. In all cases where an attorney for the State, of any circuit, fails to attend and prosecute, according to law, the court shall have power to appoint an attorney pro tempore.
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SEC. 16. The qualified voters of this State shall elect an Attorney-General, whose salary shall be the same as that of Circuit Judge, who shall be learned in the law; who shall be at least thirty years of age, and shall hold his office for the term of four years from the date of his commission, and until his successor is elected and qualified; and whose duty it shall be to prosecute the State's pleas before the Supreme Court, and give his opinion, in writing, on all questions of law or equity, when required by the governor or other officer of the State, and perform such other duties as may be prescribed by law.
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SEC. 17. All writs and other process shall run in the name of the "State of Arkansas," and bear teste and be signed by the clerks of the respective courts from which they issue. Indictments shall conclude " against the peace and dignity of the State of Arkansas."
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SEC. 18. The qualified voters residing in each township shall elect the Justices of the Peace for each township. For every one hundred voters there may be elected one Justice of the Peace: Provided, That each township, however small, shall have two justices of the peace. Justices of the peace shall be elected for the term of two years, and shall hold their offices until their successors are elected and qualified; shall be commissioned by the governor, and shall reside in the township for which they are elected during their continuance in office. The first election for justices of the peace shall take place on the second Monday in March, one thousand eight hundred and sixty-four, and the second election on the first Monday in August, one thousand eight hundred and sixty-six, and at the regular elections thereafter. Justices of the peace, individually, or two or more of them jointly, shall have original jurisdiction in cases of bastardy, and in all matters of contract, and actions for the recovery of fines and forfeiture where the amount claimed does not exceed two hundred dollars, and concurrent jurisdiction with circuit courts where the amount claimed exceeds one hundred dollars, and does not exceed two hundred dollars, and such jurisdiction as may be provided by law in actions ex delicto, where the damages claimed do not exceed one hundred dollars, and prosecutions for assault and battery and other penal offences less than felony, punishable by fine only. Every action cognizable before a justice of the peace, instituted by summons or warrant, shall be brought before some justice of the peace of the township where the defendant resides. They may also sit as examining courts, and commit, discharge, or recognize any person charged with any crime of any grade. For the foregoing purposes they shall have power to issue all necessary process. They shall also have power to bind, to keep the peace, or for good behavior.
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SEC. 19. The qualified voters of each township shall elect one constable for the term of two years, who shall hold his office till his successor is elected and qualified, who shall, during his continuance in office, reside in the township for which he was elected. Incorporated towns may have a separate constable and a separate magistracy, successor is elected and qualified, who shall, during his continuance one coroner, and one county surveyor, for the term of two years, and until their successors are elected. They shall be commissioned by the governor, reside in their respective counties during their continuance in office, and be disqualified for the office a second term, if it should appear that they or either of them are in default for moneys collected by virtue of their respective offices.
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ARTICLE VIII
GENERAL PROVISIONS-EDUCATION
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SECTION 1. Knowledge and learning generally diffused throughout a community being essential to the preservation of a free government, and diffusing the opportunities and advantages of education through the various parts of the State, being highly conducive to this end, it shall be the duty of the, general assembly to provide by law for the improvement of such lands as are or hereafter may be granted by the United States to this State for the use of schools, and to apply any funds which may be raised from such lands, or from any other source, to the accomplishment of the object for which they are or may be intended. The general assembly shall, from time to time, pass such laws as shall be calculated to encourage intellectual, scientific and agricultural improvement, by allowing rewards and immunities for the promotion and improvement of arts, science, commerce, manufactures, and natural history, and countenance and encourage the principles of humanity, industry and morality.
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SEC. 2. Treason against the State shall consist only in levying war against it, or adhering to its enemies, 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 his own confession in open court.
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SEC. 3. No person who denies the being of a God shall hold any office in the civil department of this State, nor be allowed his oath in any court.
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SEC. 4. No money shall be drawn from the treasury but in consequence of an appropriation by law; nor shall any appropriation of money for the support of the army be made for a longer term than two years; and a regular statement and account of the receipts and expenditures of all public money shall be published with the promulgation of the laws.
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SEC. 5. Absence on business of this State, or of the United States, or on a visit, or necessary private business, shall not cause a forfeiture of a residence once obtained.
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SEC. 6. No lottery shall be authorized by this State, nor shall the sale of lottery tickets be allowed.
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SEC. 7. Internal improvement shall be encouraged by the government of this State; and it shall be the duty of the General Assembly, as soon as may be, to make provision by law for ascertaining the proper objects of improvement in relation to roads, canals and navigable waters; and it shall also be their duty to provide by law for an equal, systematic and economical application of the funds which may be appropriated to these objects.
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SEC. 8. Returns for all elections for officers who are to be commissioned by the Governor, and for members of the General Assembly, shall be made to the Secretary of State, except in the election of eighteen hundred and sixty-four, they may be made as directed in the schedule appended to this Constitution.
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SEC. 9. Within five years after the adoption of this Constitution, the laws, civil and criminal, shall be revised, digested and arranged, and promulgated in such manner as the General Assembly may direct, and a like revision, digest and promulgation shall be made within every subsequent period of ten years.
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SEC. 10. In the event of the annexation of any territory to this State by a cession from the United States, laws may be passed extending to the inhabitants of such territory all the rights and privileges which may be required by the terms of such cession, anything in this Constitution to the contrary notwithstanding.
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SEC. 11. Imprisonment for debt shall not be allowed in this State, except when an allegation of fraud on the part of the debtor shall be clearly proved.
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SEC. 12. Any person who shall, after the adoption of this Constitution, fight a duel, or send or accept a challenge for that purpose, or be aider or abettor in fighting a duel, shall be deprived of the right of suffrage, and of the right of holding any office of honor or profit in this State, and shall be punished otherwise in such manner as is or may be prescribed by law.
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ARTICLE IX
REVENUE
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SECTION 1. All revenue shall be raised by taxation to be fixed by law.
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SEC. 2. All property subject to taxation shall be taxed according to its value, that value to be ascertained in such manner as the General Assembly shall direct, making the same equal and uniform throughout the State. No one species of property from which a tax may be collected shall be taxed higher than another species of property of equal value: Provided, The General Assembly shall have the power to tax merchants, hawkers, peddlers and privileges, in such manner as may from time to time be prescribed law: And provided further, That no other or greater amount of revenue shall at any time be levied than required for the necessary expenses of the government, unless by a concurrence of two-thirds of both Houses of the General Assembly.
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SEC. 3. No poll-tax shall be assessed for other than county purposes.
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SEC. 4. No other or greater tax shall be levied on the productions or labor of the country than may be required for expenses of inspection.
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SCHEDULE
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SECTION 1. In order that civil government may be in full operation and effect, at the earliest day possible, it is further ordained and provided that a general vote on the ratification of the Constitution and ordinance of this convention, and a general election shall be taken and held throughout the State, as far as practicable, on the second Monday of March next, as follows, to wit: Any number of persons, being white male citizens of the State, over the age of twenty-one at the county seat of any county, or (in case of volunteer soldiers in the Federal Army) at the camp of their respective companies, having first taken the oath prescribed in the President's proclamation of December eight, one thousand eight hundred and sixty-three, before any justice of the peace, or other person authorized to administer an oath within the county in which they reside, or within which they are encamped, may appoint a commissioner of elections, with power to appoint such election judges as may be necessary, who shall also be an enrolling officer for said county or company, who shall proceed as follows, to wit: Said commissioners shall prepare an enrolling and poll book, to which shall be appended the constitution, ordinances and schedule of this convention; one column shall then be headed with the oath contained in said proclamation of the President; another column headed "Constitution and ordinances ratified; "another column, "Constitution and ordinances rejected; " other columns shall be arranged so that a vote may be taken for all officers to be voted for within the county or company where the election is proposed to be held; said commissioner shall then take the oath aforesaid, before any justice of the peace or other officer authorized to administer oaths, and enroll his own name at the head of the column, under the said oath, written out in full; the said commissioner shall then, on the said second Monday of March next, within usual election hours, proceed to hold an election, as follows: viva voce; And provided also, That said commissioner may keep the polls open for three days, to wit: Every white male citizen over the age of twenty-one years, of the county, or (in case of a military company) of the State, presenting himself to vote, and not being included in the exceptions contained in the said proclamation, shall take the oath contained in said proclamation, administered by any justice of the peace, or other officer authorized to administer oaths; and when his name has been thereafter duly enrolled or subscribed in the proper column, the commissioner shall cause his vote to be recorded, first upon the question of the constitution and ordinances, and then in the election of all officers to be voted for.
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SEC. 2. That within five days after the holding of said election, said commissioner shall foot up the said vote, and certify the result, over his signature, as commissioner; he shall then make a duplicate of said book, (except that the constitution and ordinances of this convention need not be appended to the copy,) and forward the said copy to Little Rock, addressed to the provisional government; the original book shall be preserved by said commissioner, and deposited by him as soon as the counties are organized, with the clerk of the county wherein the election was held, or (in case of soldiers) in the county wherein the voters reside.
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SEC. 3. Within ten days after the receipt of the said enrolling and election return-books by the provisional governor, it shall be his duty, with the assistance of the secretary of state, to examine the same and declare the result by proclamation as follows, to wit: 1st. Whether the constitution and ordinances of this convention have been adopted or rejected within the meaning of the President's proclamation.
2d. He shall announce the whole vote polled for or against said constitution and ordinances.
3d. He shall declare what persons are elected to the various offices throughout the State, except that of governor and lieutenant-governor of state, deciding the result by plurality.
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SEC. 4. All persons thus declared to be elected State officers, shall enter upon the discharge of their respective offices as soon thereafter as they take and subscribe an oath before any justice of the peace, or other officer authorized to administer oaths, as follows: That they will faithfully perform the duties of their respective offices; that they will support the constitution and laws of the State and of the United States; and said oath, in case of State officers, shall be filed in the office of the secretary of state; and in case of county officers, they shall enter upon the duties of their respective offices immediately after the election upon filing said oath with the county commissioners.
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SEC. 5. At the first session of the legislature, and during the first week of the session, the said provisional governor shall place the said return-books before that body, who shall declare the result as to the election of governor and lieutenant-governor and secretary of state, who, before entering upon the duties of their respective offices, shall take the oath herein prescribed for other officers.
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SEC. 6. It is also further ordained and declared, that in counties wherein, for any cause, elections are not held on the said second Monday of March next, the same may be held for the several local officers provided for in the constitution, ordinances and schedule of this convention, in the same manner as hereinbefore described, at any time thereafter, till the whole State is fully organized and represented.
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SEC. 7. The officers to be voted for in this election, are governor, lieutenant-governor, secretary of state, auditor, treasurer, attorney-general, three judges of the supreme court, nine circuit judges and nine district attorneys (according to act of January fifteenth, one thousand eight hundred and sixty-one,) county judges, clerks, sheriffs, coroners, constables, justices of the peace, and all other officers provided for in the constitution and ordinances of this convention, or which may exist by law, and members of the legislature, according to the ratio or apportionment of senatorial districts in force in the year one thousand eight hundred and sixty, and members to Congress in districts Nos. 1 and 2, according to the Act approved January nineteenth, one thousand eight hundred and sixty-one, (no election being ordered in district No. 3, this convention recognizing the election of Colonel James Johnson as the representative from that district.) And it is further hereby declared that all laws in force in this State on the fourth day of March, one thousand eight hundred and sixty-one, are still in force, not inconsistent with the 'provisions of this constitution, and which have not expired by limitation therein contained.
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PREAMBLE
We., the people of Arkansas, grateful to God for our civil and religious liberty, and desiring to perpetuate its blessings and secure the same to ourselves and our posterity, do ordain and establish this Constitution:
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ARTICLE I
BILL OF RIGHTS
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SECTION 1. All political power is inherent in. the people. Government is institute for the protection, security and benefit of the people, and they have the right to alter or reform the same whenever the public good may require it. But the paramount allegiance of every citizen is due to the Federal Government in the exercise of all its constitutional powers as the same may have been or may be defined by the Supreme Court of the United States, and no power exists in the people of this or any other State of the Federal Union to dissolve their connection therewith, or perform any act tending to impair, subvert or resist the supreme authority of the United States. The Constitution of the United States confers full powers on the Federal Government to maintain and perpetuate its existence; and whensoever any portion of the States, or the people thereof, attempt to secede from the Federal Union, or forcibly resist the execution of its laws, the Federal Government may, by warrant of the Constitution, employ armed force in compelling obedience to its authority.
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SEC. 2. The liberty of the press shall forever remain inviolate. The free communication of thoughts and opinions is one of the invaluable rights of man, and all persons may freely speak, write and publish their sentiments on all subjects, being responsible for the abuse of such right. In all criminal prosecutions for libel, the truth may be given in evidence to the jury, and if it shall appear to the jury, that the matter charged as libellous is true, and was published with good motives, and for justifiable ends, the party shall be acquitted.
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SEC. 3. The equality of all persons before the law is recognized and shall ever remain inviolate; nor shall any citizen ever be deprived of any right, privilege, or immunity, nor exempted from any burden or duty, on account of race, color, or previous condition.
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SEC. 4. The citizens have a right, in a peaceable manner, to assemble together for their common good, to instruct their representatives and to petition for the redress of grievances, and other proper purposes.
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SEC. 5. The citizens of this State shall have the right to keep and bear arms for their common defence.
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SEC. 6. The right of trial by jury shall remain inviolate and shall extend to all cases at law without regard to the amount in controversy; but a jury trial may be waived by the parties ill all cases, ill the manner prescribed by law.
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SEC. 7. Excessive bail shall not be required, nor shall excessive fines be imposed; nor shall cruel or unusual punishments be inflicted, nor witnesses be unreasonably detained.
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SEC. 8. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the county or judicial district wherein the crime shall have been committed--which county or district shall have been previously ascertained by law--and to be informed of the nature and cause of the accusation against him; to have compulsory process for obtaining witnesses in his favor; and to have the assistance of counsel in his defence.
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SEC. 9. No person shall be held to answer a criminal offence unless on the presentment or indictment of a grand jury, except in cases of impeachment, or in cases of petit larceny, assault, assault and battery, affray, vagrancy and such other minor cases as the general assembly shall make cognizable by justices of the peace; or arising in the Army and Navy of the United States, or in the militia when in actual service in time of war or public danger; and no person after having once been acquitted by a jury, for the same offence, shall be again put in jeopardy of life or liberty; but if, in any criminal prosecution, the jury be divided in opinion, the court before which the trial shall be had may in its discretion discharge the jury and commit or bail the accused for trial at the same or the next term of said court; nor shall any person be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property, without due process of law. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offences--murder and treason--when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended unless when in cases of rebellion or invasion the public safety may require.
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SEC. 10. Every person is entitled to a certain remedy in the laws for all injuries or wrongs which he may receive in his person, property or character; he ought to obtain justice freely and without purchase; completely and without denial; promptly and without delay; conformably to the laws.
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SEC. 11. Treason against the State shall only consist in levying war against the same, or in adhering to its enemies, 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 on confession in open court.
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SEC. 12. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated, and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched and the person or things to be seized. .
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SEC. 13. No bill of attainder, ex post facto law, nor any law impairing the obligation of contracts, shall ever be passed; and no conviction shall work corruption of blood or forfeiture of estate.
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SEC. 14. No person shall be imprisoned for debt in this State; but this shall not prevent the General Assembly from providing for imprisonment or holding to bail persons charged with fraud in contracting said debt. A reasonable amount of property shall be exempt from seizure or sale for the payment of debts or liabilities.
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SEC. 15. Private property shall not be taken for public use without just compensation therefor.
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SEC. 16. The military shall be subordinate to the civil power. No standing army shall be kept up in this State in time of peace, and no soldier shall in time of peace be quartered in any house without the consent of the owner, nor in time of war but in a manner prescribed by law.
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SEC. 17. Suits may be brought by or against the State in such manner and in such courts as may be by law provided.
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SEC. 18. The General Assembly shall not grant to any citizen or class of citizens, privileges or immunities which upon the same terms, shall not equally belong to all citizens.
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SEC. 19. The right of suffrage shall be protected by laws regulating elections and prohibiting, under adequate penalties, all undue influence from bribery, tumult, or other improper conduct.
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SEC. 20. Foreigners who are, or may become bona-fide residents of this State, shall be secured the same rights in respect to the acquisition, possession, enjoyment and descent of property as are secured to native-born citizens.
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SEC. 21. No religious test or amount of property shall ever be required as a qualification for any office of public trust under the State. No religious test or amount of property shall ever be required as a qualification of any voter at any election in this State; nor shall any person be rendered incompetent to give evidence in any court of law or equity in consequence of his opinion upon the subject of religion; and 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.
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SEC. 22. Any person who shall, after the adoption of this Constitution, fight a duel or send or accept a challenge for that purpose, or be aider or abettor in fighting a duel, either within this State or elsewhere, shall thereby be deprived of the right of holding any office of honor or profit in this State, and shall be forever disqualified from voting at any election, and shall be punished otherwise in such manner as may be prescribed by law.
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SEC. 23. Religion, morality and knowledge being essential to good government, the General Assembly shall pass suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship; and to encourage schools and the means of instruction.
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SEC. 24. All lands in this State are declared to be allodial, and feudal tenures of every description, with all their incidents, are prohibited. Leases and grants of land for a longer period than twenty-one years, hereafter made, in which shall be reserved any rent or service of any kind, shall be held a conveyance in fee to the lessee.
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SEC. 25. The action of the convention of the State of Arkansas, which assembled in the city of Little Rock on the fourth day of March, A. D. one thousand eight hundred and sixty one, was, and is null and void. All the action of the State of Arkansas under the authority of said convention, of its ordinances or its Constitution, whether legislative, executive, judicial or military, was, and is hereby declared null and void; and no debt or liability of the State of Arkansas incurred by the action of said convention or of the General Assembly, or any department of the government under the authority of either, shall ever be recognized as obligatory: Provided, That this ordinance shall not be so construed as to affect the rights of private individuals arising under contracts between the parties, or to change county boundaries or county seats, or to make invalid the acts of justices of the peace, or other officers in their authority to administer oaths or take and certify the acknowledgment of deeds of conveyance, or other instruments of writing, or in the solemnization of marriage.
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ARTICLE II
BOUNDARIES
We do declare and establish, ratify and confirm, the following as the permanent boundaries of said State of Arkansas, that is to say: Beginning at the middle of the main channel of the Mississippi River, on the parallel of 36E north latitude; running from thence west, with the said parallel of latitude, to the Saint Francis River; thence up the middle of the main channel of said river to the parallel of 36E 30N north; from thence west with the boundary-line of the State of Missouri to the southwest corner of that State; and thence to be bounded on the west to the north bank of Red River as by acts of Congress and treaties heretofore defining, the western limits of the Territory of Arkansas; and to be bounded on the south side of Red River by the boundary-line of the State of Texas, to the northwest corner of the State of Louisiana; thence cast with the Louisiana State line to the middle of the main channel of the Mississippi River; thence up the middle of the main channel of said river, including an island in said river known as “Belle Point Island” to the 36E of north latitude--the place of beginning.
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ARTICLE III
The seat of government shall be at Little Rock, where it is now established.
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ARTICLE IV
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SECTION 1. The powers of government are divided into three departments--the legislative, the executive, and the judicial.
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SEC. 2. No person belonging to one department shall exercise the powers properly belonging to another, excepting in the cases expressly provided in this constitution.
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ARTICLE V
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SECTION 1. The legislative power in this State shall be vested in a general assembly, which shall consist of a senate and a house of representatives.
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SEC. 2. The general assembly shall meet every two years, on the first Monday of January, at the seat of government, until altered by law; but the first general assembly elected after the adoption of this constitution shall meet on the second (2d) day of April, A. D. one thousand eight hundred and sixty-eight, (1868.)
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SEC. 3. The house of representatives shall consist of members chosen every second year by the qualified electors of the several districts.
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SEC. 4. No person shall be a member of the house of representatives who shall not have attained the age of twenty-one years, and have been one year a resident of this State, who shall not be a male citizen of the United States, who shall not, at the time of his election, have an actual residence in the district he may be chosen to represent, and who shall not be a qualified elector as provided in this constitution.
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SEC. 5. The senate shall consist of members chosen every fourth year by the qualified electors of the several districts.
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SEC. 6. No person shall be a member of the senate who shall not have attained the age of twenty-five years, and have been one year a resident of this State, who shall not be a male citizen of the United States, who shall not, at the time of his election, have an actual residence in the district he may be chosen to represent, and who shall not be a qualified elector as provided in this constitution.
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SEC. 7 The number of members composing the senate shall be twenty-six, (26,) and of the house of representatives eighty-two, (82.)
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SEC. 8. The general assembly shall provide by law for an enumeration of the inhabitants of this State in the year one thousand eight hundred and seventy-five, (1875,) and every tenth year thereafter; and the first general assembly elected after each enumeration so made, and also after each enumeration made by the authority of the United States, may re-arrange the senatorial and representative districts according to the number of inhabitants as ascertained by such enumeration: Provided, That there shall be no apportionment other than that made in this constitution, until after the enumeration to be made in the year one thousand eight hundred and seventy-five, (1875.)
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SEC. 9. Senators shall be chosen at the same time and in the same manner that members of the house of representatives are required to be. Senatorial districts shall be composed of convenient contiguous territory, and no representative district shall be divided in the formation of a senatorial one. The senatorial district shall be numbered in regular series, and the term of senators chosen for the districts designated by odd numbers shall expire in two (2) years, and the term of senators chosen for the districts designated by even numbers shall expire in four (4) years; but thereafter senators shall be chosen for the term of four years, excepting when an enumeration of the inhabitants of the State is made, in which case, if a re-arrangenient of the senatorial districts is made, then the regulation above stated shall govern the term of office.
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SEC. 10. Removals of senators and representatives from their respective districts shall be deemed a vacation of their office.
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SEC. 11. No person holding any office under the United States, or this State, or any county office, excepting postmasters, notaries public, officers of the militia, and township officers, shall be eligible to, or have a seat in either branch of the General Assembly, and all votes given for any such person shall be void.
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SEC. 12. Senators and representatives shall, in all cases, (treason, felony, or breach of the peace excepted,) be privileged from arrest during the session of the general assembly; they shall not be subjected to any civil process during the session of the general assembly, or for fifteen days next before the commencement, and next after the termination of each session and they shall not be questioned in any other place for remarks made in either house.
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SEC. 13. A majority of the members of each House shall constitute a quorum to transact business, but a smaller number may adjourn from day to day, and compel the attendance of absent inembers in such manner, and under such penalties, as each house may prescribe.
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SEC. 14. Each house shall choose its own officers, determine the rules of its proceedings, judge of the qualifications, election and return of its members; and may, with the concurrence of two-thirds of all the members elected, expel a member; but no member shall be expelled a second time for the same cause, nor for any cause known to his constituents at the time of his election. The reasons for in any such expulsion shall be entered upon the journal, with the names of the members voting thereon.
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SEC. 15. The General Assembly shall prescribe by law the manner in which the State printing shall be executed, and the accounts rendered therefor, and shall prohibit all charges for constructive labor. They shall not rescind or alter any contract for such printing, or release the person or persons taking the same, or his or their securities, from the performance of any of the provisions of said contract.
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SEC. 16. Each house shall keep a journal of its proceedings, and publish the same, excepting such parts as may require secrecy. The yeas and nays of the members of either house, upon any question, shall be entered on the journal at the request of five members. Any member of either house may dissent, and protest against any act, proceeding or resolution which he may deem injurious to any person or the public, and have the reason of his dissent entered on the journal.
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SEC. 17. In all elections by either house, or in joint convention, the votes shall be given viva voce. All votes on nominations to the senate shall be taken by yeas and nays, and published with the journal of its proceedings.
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SEC. 18. The doors of each house shall be open, unless the public welfare requires secrecy. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than where the general assembly may then be in session.
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SEC. 19. Bill may originate in either House of the General Assembly, but all bills for raising revenue shall originate in the House of Representatives, though the Senate may propose amendments as on other bills.
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SEC. 20. No portion of the public funds or property shall ever be appropriated by virtue of any resolution. No appropriation shall be made except by a bill duly passed for that purpose.
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SEC. 21. Every bill and joint resolution shall be read three times, on different days, in each house, before the final passage thereof, unless two-thirds of the house where the same is pending shall dispense with the rules. No bill or joint resolution shall become a law without the concurrence of a majority of all the members voting. On the final passage of all bills the vote shall be taken by yeas and nays, and entered on the journal.
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SEC. 22. No act shall embrace more than one subject, which shall be embraced in its title. No public act shall take effect or be in force until ninety days from the expiration of the session at which the same is passed, unless it is otherwise provided in the act.
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SEC. 23. No law shall be revised, altered or amended, by reference to its title only, but the act revised, and the section or sections of the act as altered or amended shall be enacted and published at length.
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SEC. 24. No new bill shall be introduced into either house during the last three days of the session without the unanimous consent of the house in which it originated.
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SEC. 25. The general assembly, at its first session, shall provide suitable laws for the registration of qualified electors, and for the prevention of frauds in elections.
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SEC. 26. The general assembly shall provide for the speedy publication of all statute laws of a public nature, and of such judicial decisions as it may deem expedient. All laws and judicial decisions shall be free for publication by any person.
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SEC. 27. The style of the laws of the State shall be, “Be it enacted by the general assembly of the State of Arkansas.”
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SEC. 28. The general assembly may enact laws providing for county, township or precinct governments.
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SEC. 29. It shall be the duty of the general assembly, from time to time, as circumstances may require, to frame and adopt a penal code, founded on principles of reformation.
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SEC. 30. The general assembly shall not change the venue in any criminal or penal prosecution, but shall provide for the same by general laws.
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SEC. 31. The general assembly may pass laws authorizing appeals in criminal or penal cases, and regulating the right of challenge of jurors therein.
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SEC. 32. The general assembly shall direct by law when and how juries shall be selected from judicial districts in criminal and civil cases.
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SEC. 33. The general assembly shall regulate by law by whom and in what manner, writs of election shall be issued to fill the vacancies which may happen in either branch thereof.
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SEC. 34. The general assembly may declare the cases in which any office shall be deemed vacant, and also for the manner of filling the vacancy, where no provision is made for that purpose in this constitution.
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SEC. 35. Every bill and concurrent resolution, except of adjournment, passed by the general assembly, shall be presented to the governor or approval before it becomes a law. If he approve, he shall sign it; if not, he shall return it with his objections to the house in which it originated, which shall enter the objections at large upon its journal, and reconsider it. On such reconsideration, if a majority of the members elected agree to pass the bill, it shall be sent with the objections to the other house, by which it shall be reconsidered. If approved by a majority of the members elected to that house, it shall become a law. In such cases the vote of both houses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered on the journal of each house respectively. If any bill be not returned by the governor within three (3) days (Sunday excepted) after it has been presented to him, the same shall become 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 become a law. The governor may approve, sign and file in the office of the secretary of state, within three days after the adjournment of the General Assembly, any act passed during the last three (3) days of the session, and the same shall become a law.
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SEC. 36. Each house may punish by imprisonment during its session, any person not a member, who shall be guilty of any disorderly or contemptuous behavior in their presence; but no such imprisonment shall at any time exceed twenty-four (24) hours.
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SEC. 37. No citizen of this State shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless the same is done by the law of the land, or the judgment of his peers, except as hereinafter provided. There shall be neither slavery nor involuntary servitude, either by indentures, appenticeships or otherwise, in the State, except for the punishment of crime, whereof the party shall have been duly convicted.
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SEC. 38. The General Assembly shall have no power to make compensation for emancipated slaves.
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SEC. 39. The General Assembly shall have no power to grant divorces, to change the names of individuals, or to direct the sale of estates belonging to infants or other persons laboring under legal disabilities, by special legislation; but, by general laws, shall confer such powers on the courts of justice.
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SEC. 40. The general assembly shall not authorize, by private or special law, the sale or conveyance of any real estate belonging to any person, or vacate or alter any road laid out by legal authority, or any street in any city or village, or in any recorded town-plat; but shall provide for the same by general laws.
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SEC. 41. The general assembly shall not authorize any lottery, and shall prohibit the sale of lottery tickets.
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SEC. 42. In case of a contested election, only the claimant decided entitled to the seat in either house in which the contest may take place, shall receive from the State per diem compensation and mileage.
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SEC. 43. No collector, holder, or disburser of public moneys shall have a seat in the general assembly, or be eligible to any office of trust or profit under this State, until he shall have accounted for, and paid over, as provided by law, all sums for which he is liable.
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SEC. 44. The General Assembly shall have power to alter and regulate the jurisdiction and proceedings in law and equity, subject to the provisions of this constitution.
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SEC. 45. The general assembly shall direct by law in what manner and in what courts suits may be brought by and against the State.
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SEC. 46. It shall be the duty of the general assembly to make adequate provision for the maintenance of paupers throughout the State.
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SEC. 47. The general assembly shall not have power to authorize any municipal corporation to pass any laws contrary to the general laws of the State, or to levy any tax on real or personal property to a greater extent than two (2) per centum. of the assessed value of the same.
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SEC. 48. The general assembly shall pass no special act conferring corporate powers. Corporations may be formed under general laws; but all such laws may, from time to time, be altered or repealed. Dues from corporations shall be secured by such individual liability of the stockholders, and other means, as may be prescribed by law; but, in all cases, each stockholder shall be liable over and above the stock by him or her owned, and any amount unpaid thereon, to a further sum, at least equal in amount to such stock. The property of corporations, now existing or hereafter created, shall forever be subject to taxation, the same as the property of individuals. No right of way shall be appro riated to the use of any corporation until full compensation therefor shall be first made in money, or first secured by a. deposit of money, to the owner, irrespective of any benefit from any improvement proposed by such corporation; which compensation shall be ascertained by a jury of twelve men in a court of record, as shall be prescribed by law.
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SEC. 49. The general assembly shall provide for the organization of cities and incorporated villages by general laws, and restrict their power of taxation, assessment, borrowing money, contracting debts, and loaning their credit, so as to prevent the abuse of such power.
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SEC. 50. All corporations with banking and discounting privileges, shall, preparatory to issuing bills as currency, deposit the bonds of this State, equal in amount to the capital stock of such corporation, with the auditor of the State, who shall not permit an issue of circulation exceeding eighty per centum of the amount of bonds so deposited, such circulation being receivable for all taxes and dues to the State, and the individual liability of stockholders shall be as herein before directed: Provided, That corporations chartered or existing under any act of the Congress of the United States shall be exempted from these provisions.
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SEC. 51. The General Assembly, on the day of final adjournment, shall adjourn at twelve o'clock noon.
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ARTICLE VI
EXECUTIVE DEPARTMENT
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SECTION 1. The executive department of this State shall consist of a governor, lieutenant-governor, secretary of state, auditor, treasurer, attorney-general and superintendent of public instruction--all of whom shall hold their several offices for the term of four years and until their successors are elected and qualified. They shall be chosen by the qualified electors of this State at the time and places of choosing the members of the General Assembly.
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SEC. 2. The supreme executive power of this State shall be vested in the governor.
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SEC. 3. No person shall be eligible to the office of governor or lieutenant-governor who shall not have attained the age of twenty-five years, who shall not have been five years a citizen of the United States, who shall not, at the time of his election, have had an actual residence in this State for one year next preceding his election, and who shall not be a qualified elector as prescribed in this constitution.
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SEC. 4. In elections for governor and lieutenant-governor, the person having the highest number of votes shall be declared elected. But in case that two or more persons shall have an equal, and the highest number of votes for governor or lieutenant-governor, the General Assembly shall, by joint vote, choose one of such persons. The governor shall be commander-in-chief of the military and naval forces of the State, and may call out such forces to execute the laws, suppress insurrections, repel invasions, or preserve the public peace. He shall transact all necessary business with other officers of the State government, and may require information in writing of the officers of the executive department upon any subject pertaining to the duties of their respective offices.
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SEC. 5. It shall be the duty of the governor to see that the laws are faithfully executed.
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SEC. 6. He may convene the legislature on extraordinary occasions.
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SEC. 7. He shall give to the General Assembly, and at the close of his official term, to the next General Assembly information by message, concerning the condition of the State, and recommend such means to their consideration as he may deem expedient.
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SEC. 8. He may convene the General Assembly at some other lace when the seat of government becomes dangerous from the prevalence of disease, or the presence of a common enemy.
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SEC. 9. He may grant reprieves, pardons and commutations after conviction for all offences, except treason and cases of impeachment. upon such conditions and with such restrictions and limitations as he may think proper; subject, however, to such regulations as may be prescribed by law relative to the manner of applying for pardons. Upon conviction for treason he may suspend execution of the sentence until the matter shall be reported to the General Assembly at its next session, when the General Assembly shall either pardon, commute the sentence, direct the execution of the same or grant a further reprieve. The governor shall communicate to the General Assemblv at each session, information concerning each case of pardon, reprieve or commutation granted, and the reasons therefor.
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SEC. 10. In case of the impeachment of the governor, his removal from office, death, resignation, inability or removal from the State, the powers and duties of the Governor shall devolve upon the Lieutenant-Governor during the residue of the term, or until the disabilities of the Governor are removed.
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SEC. 11. During a vacancy in the office of governor, if the lieutenant-governor resign, be impeached, displaced, absent from the State or incapable of acting, the president pro tempore of the senate, shall act as governor until the vacancy be filled or the disability cease.
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SEC. 12. The lieutenant-governor shall by virtue of his office, be President of the Senate, and when there is an equal division he shall give the casting vote.
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SEC. 13. No member of Congress or any person holding any office under the United States or this State, shall execute the office of governor.
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SEC. 14. The lieutenant-governor, and the president of the Senate pro tempore, while performing the office of governor, shall receive the same compensation as the Governor.
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SEC. 15. All official acts of the Governor--his approval of the laws excepted--shall be authenticated by the great seal of the State, which seal shall be kept by the Secretary of State.
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SEC. 16. The governor shall, by and with the advice and consent of the Senate, appoint a convenient number of notaries public, not to exceed six for each county, who shall discharge such duties as are now or as may hereafter be prescribed by law.
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SEC. 17. All commissions issued to persons holding office under the provisions of this constitution shall be in the name, and by the authority of the people of the State of Arkansas, sealed with the great seal of the State, signed by the governor and countersigned by the secretary of state.
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SEC. 18. The governor, chief justice, secretary of state, treasurer, auditor, attorney-general and superintendent of public instruction, shall severally reside and keep all public records, books, papers and documents which may pertain to their respective offices, at the seat of government.
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SEC. 19. The returns of every election for Governor, Lieutenant-Governor, Secretary of State, treasurer, auditor, attorney-general and superintendent of public instruction, shall be sealed tip and transmitted to the seat of government by the returning officers and directed to the presiding officer of the senate, who, during the first week of the session shall open and publish the same in presence of the members then assembled. The person having the highest number of votes shall be declared elected, but if two or more shall have the highest and equal number of votes for the same office, one of them shall be chosen by a joint vote of both houses. Contested elections shall likewise be determined by both houses of the general assembly in such manner as is or may hereafter be prescribed by law.
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SEC. 20. The secretary of state shall keep a fair record of all official acts and proceedings of the governor, and shall, when required, lay the same and all papers, minutes and vouchers relative thereto, before the general assembly, and shall perform such other duties as are now or may hereafter be prescribed by law.
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SEC. 21. The auditor, treasurer, attorney-general, and superintendent of public instruction, shall perform such ditties as are now, or may hereafter be prescribed by law.
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SEC. 22. In case of the death, impeachment, removal from the State, or other disability of the secretary of state, treasurer, auditor, attorney-general, and superintendent of public instruction, the vacancies in their several offices thus occasioned shall be filled by appointment of the governor; which appointment shall be made for the unexpired terms of said officers, or until said disabilities are removed, or until elections are held to fill said vacancies.
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SEC. 23. Until the general assembly shall otherwise provide, the Governor shall appoint a suitable person, who shall be styled commissioner of public works and internal improvements, who shall hold his office during the term of four years, and until his successor is duly commissioned and qualified. It shall be the duty of the commissioner of public works and internal improvements to superintend all public works which duty be carried on by the State, and have a supervising control over all internal improvements in which the State is interested, and, until otherwise provided by the general assembly he shall be ex officio commissioner of immigration and of State lands, and shall form such other duties as may be prescribed by law. He shall receive for his services the same salary as provided by law for the auditor of the State.
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SEC. 24. The officers of the executive department, mentioned in this article, shall, at stated times, receive for their services a compensation to be established by law, which shall not be diminished during the period for which they shall have been elected or appointed.
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SEC. 25. The officers of the executive department and judges of the supreme court shall not be eligible, during the period for which they may be elected or appointed to their respective offices, to any position in he gift of the qualified electors, or of the general assembly of this State.
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SEC. 26. The returns d every election for State, county and judicial officers, not herein provided for shall be sealed up and transmitted to the seat of government by the returning officers, and directed to the secretary of state who shall open and publish the same, and the persons so elected shall be duly commissioned by the governor.
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ARTICLE VII
JUDICIARY
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SECTION 1. The judicial power of the State shall be vested in the senate sitting as a court of impeachment, a supreme court, circuit courts, and such other courts inferior to the supreme court as the general assembly may from time to time establish.
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SEC. 2. The house of representatives shall have the sole power of impeachment. All impeachments shall be tried by the senate. When sitting for that purpose the senators shall be upon oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the members thereof. The chief justice shall preside, and the secretary of state shall act as clerk of this court: Provided, That in case of the trial of either of them the person appointed temporarily to perform the duties of the office shall act. The governor, and all other civil officers under this State, shall be liable to impeachment for any misconduct or maladministration of their respective offices; but judgment in such cases shall not extend further than to removal from office and disqualii1cation to hold any office of honor, trust, or profit, under this State. The party, whether convicted or acquitted, shall nevertheless be liable to indictment, trial and judgment according to law.
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SEC. 3. Two terms of the supreme court shall be held at the seat of government annually: Provided, That the general assembly may provide by law for holding said court at three other p1ces. The supreme court shall consist of one chief justice, who shall be appointed by the governor, by and with the advice and consent of the senate, for the term of eight years, and four associate justices, who shall be chosen by the qualified electors of the State at large for the term of eight years: Provided, That two of the associate justices first chosen under this constitution shall serve for four years after the next general election, and two of them for eight years after said election, said times to be determined by lot; but thereafter the associate justices shall be chosen for the full term.
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SEC. 4. The supreme court shall have general supervision and control over all inferior courts of law and equity. It shall have power to issue writs of error, supersedeas, certiorari, habeas corpus, mandamus, quo warranto, and other remedial writs, and to hear and determine the same. Final judgments in the inferior courts may be brought by writ of error, or by appeal, into the supreme court in such manner as may be prescribed by law.
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SEC. 5. The inferior courts of the State as now constituted by law, except as hereinafter provided, shall remain with the same jurisdiction as they now possess: Provided, That the general assembly may provide for the establishment of such inferior courts, changes of jurisdiction, or abolition of existing inferior courts, as may be deemed requisite. The judges of the inferior courts herein provided for, or of such as may hereafter be established by law, shall be appointed by the governor, by and with the advice and consent of the senate, for the term of six years, and until such time as the General Assembly may otherwise direct: Provided, That the General Assembly shall not interfere with the term of office of any judge.
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SEC. 6. All writs and other processes shall run in the name of the State of Arkansas, and bear teste and be signed by the clerks of the respective courts from which they issue. Indictments shall conclude “against the peace and dignity of the State of Arkansas."
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SEC. 7. No judge shall preside on the trial of any cause in the event, of which he may be interested, or where either of the parties shall be connected with him by affinity or consanguinity within such degrees as may be prescribed by law, or in which he may have been counsel, or have presided in any inferior court.
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SEC. 8. In case all or any of the Judges of the Supreme Court shall be disqualified from presiding on any cause or causes, the court or judges thereof shall certify the same to the Governor of the State, and he shall immediately commission specially the required number of men learned in the law, for the trial and determination thereof.
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SEC. 9. Whenever, at ten o'clock, a. m., of the second day of any term of the inferior courts of this State, the judge thereof is not present, or if present and he cannot for any cause properly preside at the trial of any case then pending therein, the attorneys of said court then present may elect a special judge, who shall preside during the trial of such case or cases, or shall hold said court until the appearance of the regular judge thereof. The proceedings in such cases shall be entered at large upon the record.
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SEC. 10. The judges of the inferior courts may temporarily exchange circuits, or hold courts for each other under such regulations as may be prescribed by law.
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SEC. 11. Judges shall not charge juries with regard to matters of fact, but shall declare the law. In all trials by jury the judges shall give their instructions and charges in writing; and if the trial is by the court he shall reduce to writing his findings upon the facts in the case, and shall declare the law in the same manner he is required to do when instructing juries.
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SEC. 12. Any judge whose appointment or election is herein provided for, shall be at least twenty-five years of age, a qualified elector of this State, and shall have been for one year an actual resident of the State, and shall reside in the circuit or district to which he may be appointed or elected.
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SEC. 13. The Judges of the Supreme and inferior courts shall, at stated times, receive a compensation for their services as is now or may hereafter be provided by law, and which shall not be diminished during the respective terms for which they may be elected or appointed.
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SEC. 14. The inferior courts shall hold annually such terms as the General Assembly may direct.
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SEC. 15. All appeals from inferior courts shall be taken in such manner and to such courts as may be provided by law. Appeals in may be taken from courts of justices of the peace to such courts and in such manner as may be prescribed by law.
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SEC. 16. When a vacancy occurs in the office of Judge of the Supreme, or any of the inferior courts, it shall be filled by appointment of the Governor; which appointee shall hold his office the residue of the unexpired term, and until his successor is elected and qualified.
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SEC. 17. The Supreme Court and such other courts as may be established by law shall be courts of record, and shall each have a common seal.
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SEC. 18. The Supreme Court shall appoint a Clerk of such court, and also a Reporter of its decisions. The decisions of the Supreme Court shall be in writing and signed by the judges concurring therein. Any judge dissenting therefrom shall give the reasons of such dissent in writing, over his signature; all such decisions shall be filed in the office of the Clerk of the Supreme Court, and be published in such manner as the General Assembly may direct. The Clerk and Reporter Shall hold their respective offices for the term of six years, subject to removal by the court for cause.
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SEC. 19. A county Clerk shall be elected by the qualified electors in each organized county in this State for the term of four years, and shall perform such duties and receive such fees as are now or may hereafter be prescribed by law.
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SEC. 20. In each township in this State there shall be elected by the qualified electors thereof two Justices of the Peace, who shall hold their offices for the term of four years: Provided, That in such townships as may contain more than two hundred qualified electors, an additional justice of the peace may be chosen. Justices of the peace shall have exclusive original jurisdiction in all actions of contract and replevin where the amount in controversy does not exceed two hundred dollars, and concurrent jurisdiction with the circuit court where the amount in controversy does not exceed five hundred dollars. In criminal causes the jurisdiction of justices of the peace shall extend to all matters less than felony for final determination and judgment.
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SEC. 21. Any suitor in any court in this State shall have the right to prosecute or defend his suit either in his own proper person or by attorney.
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SEC. 22. In the courts of this State there shall be no exclusion of any witness in civil actions because he is a party to, or is interested in the issue to be tried; and no person convicted of infamous crime shall be a competent witness in any cause, without the consent of both parties to the controversy: Provided, That in actions by or against executors, administrators or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other as to any transactions with, or statements to, the testator, intestate or ward, unless called to testify thereto by the opposite party, or required to testify thereto by the court. The judges of the supreme and all inferior Courts shall be conservators of the peace throughout their respective jurisdictions.
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ARTICLE VIII
FRANCHISE
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No Section Text |
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Repealed.
[Old article 8 repealed and replaced by three sections; Submitted to the people for ratification March 3, 1873, and declared ratified by proclamation of the Governor April 19, 1873. The act of January 23, 1873, providing for the submission of the amendment, declared that if the amendment should be ratified, it should be substituted and known as Article VIII.]
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SECTION 1. In all elections by the people the electors shall vote by ballot.
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AMENDMENT TO CONSTITUTION OF 1868.
(April 19, 1873)
ARTICLE VIII
SECTION 1. The following class of persons shall not be permitted to register, vote or hold office in this State:
First. Persons who may have been convicted before any court in this State, or of the United States, or any other State of any crime punishable by law with death or confinement in the penitentiary: Provided, That any person disfranchised under this section who may be pardoned or his sentence commuted. Such pardon or commutation of sentence shall remove all disabilities imposed by this section.
Second. Paupers, idiots and insane persons.
[Submitted to the people for ratification March 3, 1873, and declared ratified by proclamation of the Governor April 19, 1873. The act of January 23, 1873, providing for the submission of the amendment, declared that if the amendment should be ratified, it should be substituted and known as Article VIII.]
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Repealed.
[Old article 8 repealed and replaced by three sections; Submitted to the people for ratification March 3, 1873, and declared ratified by proclamation of the Governor April 19, 1873. The act of January 23, 1873, providing for the submission of the amendment, declared that if the amendment should be ratified, it should be substituted and known as Article VIII.]
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SEC. 2. Every male person born in the United States, and every male person who has been naturalized, or has legally declared his intention to become a citizen of the United States, who is twenty-one years old or upward, and who shall have resided in the State six months next preceding the election, and who at the time, is an actual resident of the county in which he offers to vote, except as hereinafter provided, shall be deemed an elector: Provided, No soldier, or sailor, or marine, in the military or naval service of the United States, shall acquire a residence by reason of being stationed on duty in this State.
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SEC. 2. Every male person who has attained the age of twenty one years, and who is a citizen of the United States, or who has legally declared his intention to become a citizen thereof, who shall have, resided in this State six months, and in the county in which he offered to vote ten days next preceding the election, shall be deemed a qualified elector and entitled to vote, if registered, unless disqualified by some one of the clauses of section one of this article.
[Submitted to the people for ratification March 3, 1873, and declared ratified by proclamation of the Governor April 19, 1873. The act of January 23, 1873, providing for the submission of the amendment, declared that if the amendment should be ratified, it should be substituted and known as Article VIII.]
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Repealed.
[Old article 8 repealed and replaced by three sections; Submitted to the people for ratification March 3, 1873, and declared ratified by proclamation of the Governor April 19, 1873. The act of January 23, 1873, providing for the submission of the amendment, declared that if the amendment should be ratified, it should be substituted and known as Article VIII.]
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SEC. 3. The following classes shall not be permitted to register, or vote, or hold office, viz:
lst. Those who during rebellion took the oath of allegiance, or gave bonds for loyalty and good behavior to the United States Government, and afterward gave aid, comfort or countenance to those engaged in armed hostirity to the Government of the United States, either by becoming a soldier in the rebel army or by cutering the lines of said army, or adhering in tiny way to the cause of rebellion, or by accompanying any armed force belonging to the rebel army, or by furnishing supplies of any kind to the same.
2d. Those who are disqualified as electors, or from holding office in the State or States from which they came.
3d. Those persons who during the late rebellion violated the rules of civilized warfare.
4th. Those who may be disqualified by the proposed amendment to the Constitution of the United States, known as Article XIV, and those who have been disqualified from registering to vote for delegates to the convention to frame a constitution for the State of Arkansas, under the act of Congress entitled "An act to provide for the more efficient government of the rebel States," passed March second, one thousand eight hundred and sixty-seven, and the acts supplementary thereto.
5th. Those who shall have been convicted of treason, embezzlement of public funds, malfeasance in office, crimes punishable by law with imprisonment in the penitentiary, or bribery.
6th. Those who are idiots or insane: Provided, That all persons included in the 1st, 2d, 3d and 4th, subdivisions of this section, who have openly advocated or who have voted for the reconstruction proposed by Congress and accept the equality of all men before the law, shall be deemed qualified electors under this constitution.
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SEC. 3. In all elections by the people the electors shall vote by ballot. The secrecy of the ballot shall be preserved inviolate, and the General Assembly shall provide laws for that purpose. On the day of an election held by the people no elector shall be subject to arrest or any civil process. The General Assembly shall pass adequate laws to prevent the sale of intoxicating liquors on the day on which any election by the people may be held.
[Submitted to the people for ratification March 3, 1873, and declared ratified by proclamation of the Governor April 19, 1873. The act of January 23, 1873, providing for the submission of the amendment, declared that if the amendment should be ratified, it should be substituted and known as Article VIII.]
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Repealed.
[Old article 8 repealed and replaced by three sections; Submitted to the people for ratification March 3, 1873, and declared ratified by proclamation of the Governor April 19, 1873. The act of January 23, 1873, providing for the submission of the amendment, declared that if the amendment should be ratified, it should be substituted and known as Article VIII.]
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SEC. 4. The general assembly shall have the power by a two-thirds vote of each house, approved by the governor to remove the disabilities included in the 1st, 2d, 3d and 4th subdivisions of section three, of this article, when it appears that such person applying for relief from such disabilities, has in good faith returned to his allegiance to the Government of the United States: Provided, The general assembly shall have no power to remove the disabilities of any person embraced in the aforesaid subdivisions who, after the adoption of this constitution by this convention, persists in opposing the acts of Congress and reconstruction thereunder.
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Repealed.
[Old article 8 repealed and replaced by three sections; Submitted to the people for ratification March 3, 1873, and declared ratified by proclamation of the Governor April 19, 1873. The act of January 23, 1873, providing for the submission of the amendment, declared that if the amendment should be ratified, it should be substituted and known as Article VIII.]
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SEC. 5. All persons, before registering or voting must take and subscribe the following oath: "I, ____ _____, do solemnly swear, (or affirm,) that I will support and maintain the Constitution and laws of the United States, and the constitution and laws of the State of Arkansas; that I am not excluded from registering or voting by any of the clauses in the 1st, 2d, 3d, or 4th subdivisions of article VIII of the constitution of the State of Arkansas; that I will never countenance or aid in the secession of this State from the United States; that I accept the civil and political equality of all men, and agree not to attempt to deprive any person or persons, on account of race, color or previous condition, of any political or civil right, privilege or immunity enjoyed by any other class of men; and furthermore, that I will not in any way injure, or countenance in others any attempt to injure person or persons, on account of past or present support of the Government of the United States, the laws of the United States or the principle of the political and civil equality of all men, or for affiliation with any political party:" Provided, That if any person shall knowingly and falsely take any oath in this constitution prescribed, such person so offending, and being thereof duly convicted, shall be subject to the pains, penalties and disabilities, which, by law are provided for the punishment of the crime of wilful and corrupt perjury.
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Repealed.
[Old article 8 repealed and replaced by three sections; Submitted to the people for ratification March 3, 1873, and declared ratified by proclamation of the Governor April 19, 1873. The act of January 23, 1873, providing for the submission of the amendment, declared that if the amendment should be ratified, it should be substituted and known as Article VIII.]
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SEC. 6. Electors shall in all cases except treason, felony, or breach of the peace, be privileged from arrest and civil process during their attendance at elections, and in going to and returning from the same.
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Repealed.
[Old article 8 repealed and replaced by three sections; Submitted to the people for ratification March 3, 1873, and declared ratified by proclamation of the Governor April 19, 1873. The act of January 23, 1873, providing for the submission of the amendment, declared that if the amendment should be ratified, it should be substituted and known as Article VIII.]
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SEC. 7. It shall be the duty of the general assembly to enact adequate laws giving protection against the evils arising from the use of intoxicating liquors at elections.
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Repealed.
[Old article 8 repealed and replaced by three sections; Submitted to the people for ratification March 3, 1873, and declared ratified by proclamation of the Governor April 19, 1873. The act of January 23, 1873, providing for the submission of the amendment, declared that if the amendment should be ratified, it should be substituted and known as Article VIII.]
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ARTICLE IX
EDUCATION
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SECTION 1. A general diffusion of knowledge and intelligence among all classes, being essential to the preservation of the rights and liberties of the people; the general assembly shall establish and maintain a system of free schools, for the gratuitous instruction of all persons in this State, between the ages of five and twenty-one years, and the funds appropriated for the support of common schools shall be distributed to the several counties, in proportion to the number of children and youths therein between the ages of five and twenty-one years, in such manner as shall be prescribed by law, but no religious or other sect or sects shall ever have any exclusive right to, or control of any part of the school-funds of this State.
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SEC. 2. The supervision of public schools shall be vested in a superintendent of public instruction, and such other officers as the general assembly shall provide. The superintendent of public instruction shall receive such salary and perform such duties as shall be prescribed by law.
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SEC. 3. The general assembly shall establish and maintain a State university, with departments for instruction in teaching, in agriculture, and the natural sciences as soon as the public school fund will permit.
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SEC. 4. The proceeds of all lands that have been or hereafter may be granted by the United States to this State, and not otherwise appropriated by the United States or this State; also, all mines, [moneys?] stocks, bonds, lands and other property, now belonging to any fund for purposes of education, also the net proceeds of all sales of lands and other property and effects that may accrue to this State by escheat, or from sales of estrays or from unclaimed dividends or distributive shares of the estates of deceased persons, or from fines, penalties or forfeitures, also, any proceeds of the sales of public lands which may have been or may be hereafter paid over to this State (Congress consenting,) also the grants, gifts or devices that have been or hereafter may be made to this State and not otherwise appropriated by the terms of the grant, gift or devise, shall be securely invested and sacredly preserved as a public school fund, which shall be the common property of the State; the annual income of which fund, together with one dollar per capita to be annually assessed on every male inhabitant of this State over the age of twenty-one years, and so much of the ordinary annual revenue of the State as may be necessary, shall be faithfully appropriated for establishing and maintaining the free schools and the university, in this article provided for, and for no other uses or purposes whatever.
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SEC. 5. No part of the public school fund shall be invested in the stocks, or bonds or other obligations of any State, or any county, city, town or corporation. The stocks belonging to any school fund or university fund, shall be sold in such manner, and at such times as the general assembly shall prescribe, and the proceeds thereof, and the proceeds of the sales of any lands or other property which now belongs or may hereafter belong to said school fund, may be invested in the bonds of the United States.
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SEC. 6. No township or school district shall receive any portion of the public school fund, unless a free school shall have been kept therein for not less than three months during the year, for which distribution thereof is made. The general assembly shall require by law, that every child of sufficient mental and physical ability, shall attend the public schools during the period between the ages of five and eighteen years, for a term equivalent to three years unless educated by other means.
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SEC. 7. In case the public school fund shall be insufficient to sustain a free school at least three months in every year in each school district in this State, the general assembly shall provide by law, for raising such deficiency by levying such tax upon all taxable property in each county, township or school district as may be deemed proper.
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SEC. 8. The general assembly shall as far as it can be done without infringing upon vested rights, reduce all lands, moneys, or other property used or held for school purposes in the various counties of this State, into the public school fund herein provided for.
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SEC. 9. Provision shall also be made, by general laws, for raising such sum or sums of money by taxation, or otherwise in each school district as may be necessary for the building and furnishing of a sufficient number of suitable school-houses for the accommodation of all the pupils within the limits of the several school districts.
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ARTICLE X
FINANCES, TAXATION, PUBLIC DEBT AND EXPENDITURES
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SECTION 1. The levying of taxes by the poll is grievous and oppressive; therefore the general assembly shall never levy a poll-tax excepting for school purposes.
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SEC. 2. Laws shall be passed taxing by a uniform rule all money credit, investments in bonds, joint-stock companies, or otherwise; and also all real and personal property according to its true value in money; but burying-grounds, public school-houses, houses used exclusively for public worship, institutions of purely public charity, public property used exclusively for any public purpose, shall never be taxed. Real estate shall be appraised at least once every five years by an appraiser to be provided for by law, at its true value in money. Personal property shall be appraised in such manner as may be provided by law at its true value in money, but the general assembly may exempt from taxation personal property to the value of five hundred dollars to each tax-payer.
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SEC. 3. The general assembly shall provide by law, for taxing the notes and bills discounted or purchased, moneys loaned, and all other property, effects or dues of every description, without deduction, of all banks now existing, or hereafter created, and of all bankers, so that all property employed in banking, shall always bear a burden of taxation equal to that imposed on other property of individuals.
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SEC. 4. The general assembly shall provide for raising revenue sufficient to defray the expenses of the State for each year; and also a sufficient sum to pay the interest on the State debt.
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SEC. 5. No tax shall be levied except in pursuance of law; and every law imposing a tax, shall state distinctly the object of the same.
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SEC. 6. The credit of the State or counties shall never be loaned for any purpose without the consent of the people thereof expressed through the ballot-box.
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SEC. 7. The general assembly may require the exhibit of receipts and expenditures of State and county officers at such time and manner as may be prescribed by law.
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SEC. 8. No money shall be paid out of the treasury until the same shall have been appropriated by law.
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SEC. 9. The State may contract debts to supply casual deficits or failures in revenues, or to meet expenses not otherwise provided for; and the money arising from the creation of such debts shall be appropriated to the purpose for which it was obtained, or to pay the debt so contracted, and to no other.
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SEC. 10. In addition to the above power the State may contract debts to repel invasion, suppress insurrection, preserve the public peace, defend the State in time of war, or to redeem the present outstanding indebtedness of the State; but the money arising from the contracting of such debts shall be applied to the purpose for which it was raised and no other; and all debts incurred to redeem the present outstanding indebtedness of the State, shall be so contracted as to be payable by the sinking-fund hereinafter provided for, as the same shall accumulate.
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SEC. 11. The faith of the State being pledged for the payment of its debt, in order to provide therefor, there shall be created a sinking-fund; which shall be sufficient to pay the accruing interest on such debt, and annually to reduce the same. The said sinking-fund shall consist of such net earnings and profits of public institutions, bonds, stocks or other property of the State, or of any other funds or resources, that are or may be provided by law.
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SEC. 12. The governor, secretary of state, and attorney-general, are hereby created a board of commissioners to be styled “the commissioners of the sinking-fund."
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SEC. 13. The commissioners of the sinking-fund shall, immediately preceding each regular session of the general assembly, make an estimate of the probable amount of the fund provided by the eleventh section of this article, from all sources, except from taxation, and report the same, together with all their proceedings relative to said fund and debt, and transmit the same to the general assembly, and the general assembly shall make all necessary provision for raising and disbursing said sinking-fund, in pursuance of the provisions of this article.
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SEC. 14. It shall be the duty of said commissioners faithfully to apply in such manner as the general assembly may by law direct, said fund, together with all moneys that may be by the general assembly appropriated to that object, to the payment of the interest, as it becomes due, and the redemption of the principal of the public debt of the State, excepting only school and trust funds held by the State.
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SEC. 15. The principal arising from the sale of all lands donated to the State for school purposes, shall be paid into the treasury, and the State shall pay interest thereon, for the support of schools, at the rate of six per cent. per annum.
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SEC. 16. The State shall never assume the debts of county, town, city or other corporations, unless such debts have been created to repel invasion, suppress insurrection, or to provide for the public welfare and defence.
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SEC. 17. The general assembly shall tax all privileges, pursuits and occupations, that are of no real use to society; all others shall be exempt, and the amount thus raised shall be paid into the treasury.
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ARTICLE XI
MILITIA
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SECTION 1. All able-bodied electors in this State shall be liable to military duty in the militia of this State; but all citizens of any denomination whatever, who from scruples of conscience, may be adverse to bearing arms, shall be exempt therefrom upon such conditions as may be prescribed by law.
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SEC. 2. The general assembly shall provide for organizing, equipping, and disciplining the militia in such manner as it shall deem expedient, not incompatible with the laws of the United States.
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SEC. 3. The governor shall be commander-in-chief, and shall have power to call out the militia to execute the laws, to suppress insurrection, to repel invasion, and to preserve the public peace.
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ARTICLE XII
EXEMPTED PROPERTY
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SECTION1. The personal property of any resident of this State, to the value of two thousand dollars, to be selected by such resident, shall be exempted from sale on execution or other final process of any court issued for the collection of any debt contracted after the adoption of this constitution.
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SEC. 2. Hereafter the homestead of any resident of this State who is a married man or head of a family shall not be encumbered in any manner while owned by him, except for taxes, laborers, and mechanics' liens, and securities for the purchase-money thereof.
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SEC. 3. Every homestead not exceeding one hundred and sixty acres of land, and the dwelling and appurtenances thereon, to be selected by the owner thereof, and not in any town, city, or village, or in lieu thereof, at the option of the owner, any lot in a city, town, or village, with the dwelling and appurtenances thereon, owned and occupied by any resident of this State, and not exceeding the value of five thousand dollars, shall be exempted from sale on execution or any other final process from any court; but no property shall be exempt from sale for taxes, for the payment of obligations contracted for the purchase of said premises, for the erection of improvements thereon , or for labor performed for the owner thereof: Provided, That the benefit of the homestead herein provided for shall not be extended to persons who may be indebted for dues to the State, county, township, school, or other trust funds.
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SEC. 4. If the owner of a homestead die, leaving a widow but no children, the same shall be exempt, and the rents and profits thereof shall accrue to her benefit during the time of her widowhood, unless she be the owner of a homestead in her own right.
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SEC. 5. The homestead of a family after the death of the owner thereof shall be exempt from the payment of his debts in all cases during the minority of his children, and also so long as his widow shall remain unmarried, unless she be the owner of a homestead in her own right.
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SE C. 6. The real and personal property of any female in this State, acquired either before or after marriage, whether by gift, grant, inheritance, devise, or otherwise, shall, so long as she may choose, be and remain the separate estate and property of such female. and may be devised or bequeathed by her the same as if she were a female-sole. Laws shall be passed providing for the registration of the wife's separate property, and when so registered, and so long as it is not intrusted to the management or control of her husband otherwise than as an agent, it shall not be liable for any of his debts, engagements, or obligations.
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ARTICLE XIII
AMENDMENTS TO THE CONSTITUTION
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SECTION1. Any amendments to this constitution may be proposed in either house of the general assembly, and if the same shall be agreed to by a majority of the members elected to each of the two houses such proposed amendment shall be entered on their journals, with the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election, and shall be published as provided by law for three months previous to the time of making such choice; and if in the general assembly so next chosen as aforesaid such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the general assembly to submit such proposed amendment or amendments to the people, in such manner and at such time as the general assembly shall provide; and if the people shall approve and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the general assembly voting thereon, such amendment or amendments shall become a part of the constitution of this State.
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SEC. 2. If two or more amendments shall be submitted at the same time, they shall be submitted in such manner that the electors shall vote for or against each of said amendments separately.
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ARTICLE XIV
APPORTIONMENT
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SECTION 1. The congressional districts shall remain as they now are: Provided, That the general assembly may, at the first session held after the adoption of this constitution, redistrict the State for congressional purposes.
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SEC. 2. Until after the apportionment, as herein provided for, the senatorial and representative districts shall be composed of the following counties, to wit: the 1st of Jackson, Craighead, Poinsett, Cross and Mississippi; 2d, of Lawrence, Randolph and Greene; 3d, of Madison, Marion, Carroll, Fulton and Izard ; 4th, of Independence and Van Buren; 5th, of Searcy, Pope and Conway; 6th, of Newton, Johnson and Yell; 7th, of Washington and Benion; 8th, of Crawford, Franklin and Sebastian; 9th, of Crittenden, Saint Francis and Woodruff; 10th, of Pulaski and White; 11th, of Phillips and Monroe; 12th, of Prairie and Arkansas; 13th, of Scott, Polk, Montgomery and Hot Springs; 14th, of Hempstead; 15th, of Lafayette and Little River; l6th, of Union and Calhoun; 17th, of Clark, Pike and Sevier; 18th, of Columbia ; 19th, of Ouachita; 20th, of Jefferson and Bradley; 21st, of Dallas, Saline and Perry; 22d, of Ashley, Chicot, Drew and Desha. The senators and representatives shall be apportioned among the several senatorial and representative district, as follows, to wit:
1st district--one senator and four representatives.
2d district--one senator and three representatives.
3d district--one senator and four representatives.
4th district--one senator and three representatives.
5th district--one senator and three representatives.
6th district--one senator and three representatives.
7th district--one senator and four representatives.
8th district--one senator and four representatives.
9th district--one senator and four representatives.
10th district--two senators and six representatives.
11th district--two senators and six representatives.
12th district--one senator and four representatives.
13th district--one senator and three representatives.
14fli district--one senator and three representatives.
15th district--one senator and three representatives.
16th district--one senator and two representatives.
17th district--one senator and four representative.
18th district--one senator and three representatives.
19th district--one senator and two representatives.
20th district--two senators and six representatives.
21st district--one senator and two representatives.
22d district--two senators and six representatives.
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ARTICLE XV
MISCELLANEOUS PROVISIONS
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SECTION 1. The President of the convention shall, immediately after the adjournment thereof, cause this constitution to be deposited in the office of the secretary of state, and shall transmit a copy of the same to the President of the United States, to be by him laid before the Congress of the United States.
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SEC. 2. In all cases not otherwise provided for in this constitution, the general assembly may determine the mode of filling all vacancies in all offices, and of choosing all necessary officers, and shall define their respective powers and duties, and provide suitable compensation for all officers.
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SEC. 3. All general elections shall be held on the Tuesday succeeding the first Monday in November, and shall be biennial, commencing at the general election of A. D. 1868; but all officers elected under the provisions of this constitution and schedule, except members of Congress, at the election commencing on the 13th day of March, 1868, shall hold and continue in office, in accordance with the provisions of this constitution, the same as though elected at the general election, to be held on the Tuesday succeeding the first Monday in November, eighteen hundred and sixty-eight; and no election shall be held for said officers at the general election of eighteen hundred and sixty-eight.
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SEC. 4. All chartered cities and villages under the laws of this State shall hold their municipal elections for the year eighteen hundred and sixty-eight at such times and places as may be provided in this constitution and the schedule to the same.
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SEC. 5. The term of office of all township and precinct officers shall expire thirty days after this constitution goes into effect, and the governor shall thereafter appoint such officers, whose term of office shall continue until the general assembly shall provide by law for an election of said officers.
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SEC. 6. Until the general assembly shall otherwise provide, a prosecuting attorney for each judicial circuit shall be appointed by the governor, by and with the advice and consent of the senate, who shall hold his office for the term of four years, and until his successor is chosen and qualified: Provided, That the general assembly shall not interfere with the term of any appointed prosecuting attorney.
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SEC. 7. The compensation of senators and representatives shall be six dollars per diem during the first session after the adoption of this constitution, but may afterwards be prescribed by law: Provided, No increase of compensation shall be prescribed which shall take effect until the period for which the members of the house of representatives then existing shall have expired.
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SEC. 8. Senators and representatives shall receive twenty cents for each mile necessarily travelled in going to and returning from the seat of government in attending each session of the general assembly, until otherwise provided by law.
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SEC. 9. All salaries, fees, and per diem, or other compensation of all State, county, town, or other officers within the State, shall be payable in such funds as may be receivable for State taxes.
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SEC. 10. Any public fund set apart by the general assembly for one purpose shall not be used for another unless in each case otherwise specially authorized by law.
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SEC. 11. This convention shall appoint not more than three persons, learned in the law, whose duty it shall be to revise and re-arrange the statute-laws of this State, both civil and criminal, so as to have but one law on any one subject; and also three other persons, learned in the law, whose duty it shall be to prepare a code of practice for the courts, both civil and criminal, in this State, by abridging and simplifying the rules of practice and laws in relation thereto; all of whom shall, at as early a day as practicable, report the result of their labors to the general assembly for their adoption or modification. The general assembly shall provide suitable compensation for said persons appointed as aforesaid.
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SEC. 12. No county now established by law shall ever be reduced, by the establishment of any new county or counties, to less than six hundred square miles; nor shall any county be hereafter established which shall contain less than six hundred square miles.
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SEC. 13. No indenture of any person hereafter made and executed out of this State, or, if made in this State, where the term of service exceeds one year, shall be of the least validity, except those given in cases of apprenticeships, which shall not be for a longer term than until the apprentice shall arrive at the age of twenty-one years if a male, or eighteen years if a female.
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SEC. 14. All contracts for the sale or purchase of slaves are null and void, and no court of this State shall take cognizance of any suit founded on such contracts, nor shall any amount ever be collected or recovered on any judgment or decree which shall have been, or which hereafter may be, rendered on account of any such contract or obligation, on any pretext, legal or otherwise.
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SEC. 15. There shall be a great seal of the State, which shall be kept and used officially by the secretary of state; and the seal heretofore in use in this State shall continue to be the great seal of the State until another shall have been adopted by the general assembly.
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SEC. 16. Private seals are hereby abolished; and hereafter no distinction shall exist between sealed and unsealed instruments concerning contracts between individuals. All laws of this State not in conflict with this constitution shall remain in full force until otherwise provided by the general assembly, or until they expire by their own limitation. Nothing herein shall be construed to impair vested rights under provisions of existing laws.
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SEC. 17. All officers of this State, executive, legislative and judicial, before they enter upon the duties of their respective offices, shall take the following oath: “I,---------- -----------, do solemnly swear (or affirm)that I am not disfranchised by the Constitution or laws of the United States, or the constitution of the State of Arkansas; that I will honestly and faithfully support and defend the Constitution and laws of the United States, the Union of States, and the constitution and laws of the State of Arkansas; and that I will honestly and faithfully discharge the duties of the office on which I am about to enter, to the best of my ability. So help me God."
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SEC. 18. The term of all officers elected or appointed under the provisions of this constitution, shall expire on the 1st day of January, eighteen hundred and seventy-three, unless herein otherwise provided.
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SEC. 19. No one shall be precluded from being elected or appointed to any office by reason of having been a delegate to this convention or an officer of the same.
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SEC. 20. No person shall be allowed or qualified to sit on any jury who is not a qualified elector.
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SEC. 21. The general assembly may by general law, declare the legal rate of interest upon contracts in which no rate of interest is specified; but no law limiting the rate of interest for which individuals may contract in this State shall ever be passed.
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SEC. 22. All judges and clerks of election appointed under provisions of this constitution shall take and subscribe to the oath of an elector, as provided in section 5 of article VIII before they enter upon the duties of said offices; and said judges are hereby authorized to administer the oath to each other and to the clerks; also to administer the same to all electors offering to vote. Said judges and clerks shall also swear to discharge their respective duties to the best of their ability, according to law. Judges of election may appoint a suitable number of persons, who shall, with themselves, be conservators of the peace; and they are hereby empowered to arrest all offenders. Any one refusing to act as such when called on by the judges, shall be subject to a fine of at least one hundred dollars, or imprisonment not less than six months, or both.
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SCHEDULE
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SECTION 1. On the 13th day of March, A. D. one thousand eight hundred and sixty-eight, and such successive days as hereinafter provided, an election shall be held for members of the House of Representatives of the United States, governor, lieutenant-governor, secretary of state, auditor, treasurer, attorney-general, superintendent of public instruction, judges of the supreme court, members of the general assembly, and all county officers, and also for the submission of this constitution to the people for their adoption or rejection.
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SEC. 2. Upon the days designated as aforesaid, every qualified elector under the provisions of this constitution may vote for all officers to be elected under this constitution at such election; and also for or against the adoption of this constitution.
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SEC. 3. In voting for or against the adoption of this constitution, the words “ For constitution “ or “ against constitution “ shall be written or printed on the ballot of each voter, but no voter shall vote for or against this constitution on a separate ballot from that cast by him for officers to be elected at said election under this constitution.
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SEC. 4. A board of commissioners is hereby appointed, to consist of James L. Hodges, Joseph Brooks, and the president of this convention, any two of whom shall constitute a quorum to transact business, who shall keep an office for the transaction of business in Little Rock, and who may employ such clerical force as may be necessary, said clerks not to receive more per day for each day actually employed than the per diem paid the assistant secretaries of this convention, and who are empowered and authorized to appoint, or cause to be appointed, suitable persons for judges and clerks of election in each county in this State, to hold the election therein for all State and county officers, and for members of the general assembly and of the House of Representatives of the United States, and also for the ratification of this constitution. Said election shall be held at such times and places in each county, commencing on the thirteenth day of March, and continuing on such successive days as the commissioners may direct, to secure a full and fair vote at such election.
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SEC. 5. The judges of election appointed as aforesaid shall make returns of the same to said commissioners in such manner and under such regulations as said commissioners may prescribe, which returns shall show the number of votes cast at said election for and against this constitution, and the number cast for each candidate for the offices provided for in this constitution and schedule.
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SEC. 6. Any person contesting the election under this constitution, for any State officer or member of the general assembly, shall do so before said board of commissioners, who shall have power to decide and declare the right, to any office contested, and give the candidate legally elected a certificate of the same: Provided, Said commissioners may, in the cases of members of the general assembly whose right to the seats may be contested, refer the same to the general assembly for their determination. Said board of commissioners shall appoint the judges and clerks of the municipal elections to be held under the provisions of this constitution. Said judges shall conduct and make returns of said elections in the manner prescribed by the charter of the city or village in which said municipal election shall be held.
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. SEC. 7. Said commissioners shall appoint suitable persons as boards in every county, to hear and decide all cases of contested county elections.
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SEC. 8. The said commissioners shall have power to inquire into the fairness or validity of the voting upon the ratification of this constitution, and to count the votes given at said election, and shall reject all fraudulent or illegal votes cast at said election; and said commissioners shall also have power, whenever it is made to appear that fraud, fear, violence, improper influence, or restraint were used, or persons were prevented or intimidated from voting at such elections, to take such steps, either by setting aside the election and ordering a new one, or rejecting votes, or correcting the result in any county or precinct as may in such cases be just and equitable.
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SEC. 9. The said commissioners shall declare the result of the election upon the ratification of this constitution, and, if adopted, the president of this convention shall transmit a certified copy of the same, together with an abstract of the votes cast, to the President of the United States, to be by him laid before the Congress of the United States for their approval or rejection, and shall also declare the officers elected thereunder; and if declared ratified, the constitution shall from and after that date be in full force and effect.
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SEC. 10. No person disqualified from voting or registering under this constitution shall vote for candidates for any office, nor shall be permitted to vote for the ratification or rejection of this constitution at the polls herein authorized. The governor and all other officers elected under this constitution shall enter upon the duties of their offices when they shall have been declared duly elected by said board of commissioners, and shall have been duly qualified. All officers shall qualify and enter upon the discharge of the duties of their offices within fifteen days after they have been duly notified of their election or appointment.
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SEC. 11. Upon notice of the election or appointment and qualification of the officers elected or appointed under this constitution, the present incumbents of all State, county, and city offices shall vacate the same and turn over to the officers so elected or appointed and qualified hereunder all books, papers, records, moneys, and documents belonging or pertaining to said offices on application made by the officers elected or appointed and qualified under this constitution.
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SEC. 12. Any person may vote at the polls herein authorized for the election of officers and ratification of this constitution whom the judges of said election shall be satisfied by oath of the person offering to vote, and such other satisfactory evidence as they may require, is a legally qualified elector under this constitution: Provided, The judges of election shall administer to every person offering to vote at said election the oath prescribed in this constitution.
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SEC. 13. In the event that either of the three commissioners appointed by section 4 hereof should be a candidate for any office, the other two commissioners shall canvass the vote so far as it relates to that office, and issue the certificate to the person elected.
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SEC. 14. In case of death or any disability of any member or members of said board of commissioners, the remaining commissioner or commissioners shall have power to fill the vacancy; and said commissioner or commissioners so appointed shall have full power to act as though originally appointed.
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SEC. 15. Any person selling or giving away intoxicating liquor during the time the election herein provided for, shall be punished by a fine not less than two hundred dollars for each and every offense, or imprisonment not less than six months, or both.
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SEC. 16. Said commissioners shall provide suitable poll-books for each county, and such instructions as may be necessary to carry into effect the provisions of this schedule. Judges and clerks of election thus appointed shall receive the same per diem as the boards of registers provided for in the act entitled “An act to provide for the more efficient government of the rebel States,” passed March second, eighteen hundred and sixty-seven, and acts supplementary thereto.
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SEC. 17. The commissioners herein appointed shall receive for their services, for each day actually employed, such compensation per day, and allowances, and in such manner as are now provided for members of this convention. All expenses incurred under this schedule, not otherwise provided for, shall be paid out of the appropriation for defraying the expenses of this convention.
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Done in convention, at Little Rock, the eleventh day of February, in the year of our Lord one thousand eight hundred and sixty-eight, and of the Independence of the United States the ninety-second. In witness whereof we have hereunto subscribed our names.
THOS. M. BOWEN, President.
JOHN G. PRICE, Secretary.
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No Section Text |
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We, the people of the State of Arkansas, grateful to Almighty God for the privilege of choosing our own form of Government; for our civil and religious liberty; and desiring to perpetuate its blessings and secure the same to ourselves and our posterity, do ordain and establish this constitution.
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ARTICLE I
BOUNDARIES
We do declare and establish, ratify and confirm the following as the permanent boundaries of the State of Arkansas, that is to say: Beginning at the middle of the main channel of the Mississippi River, on the parallel of thirty-six degrees of north latitude, running thence west with said parallel of latitude to the middle of the main channel of the Saint Francis River; thence up the main channel of said last-named river to the parallel of thirty-six degrees thirty minutes of north latitude; thence west with the southern boundary-line of the State of Missouri to the southwest corner of said last-named State; thence to be bounded on the west to the north bank of Red River, as by act of Congress and treaties existing January 1, eighteen hundred and thirty-seven, defining the western limits of the Territory of Arkansas, and to be bounded across and south of Red River by the boundary-line of the State of Texas as far as to the northwest corner of the State of Louisiana; thence easterly with the northern boundary-line of said last-named State to the middle of the main channel of the Mississippi River; thence up the middle of the main channel of said last-named river, including an island in said river known as “Belle Point Island,” and all other land originally surveyed and included as a part of the Territory or State of Arkansas to the thirty-sixth degree of north latitude, the place of beginning.
SEAT OF GOVERNMENT
The seat of government of the State of Arkansas shall be and remain at Little Rock, where it is now established.
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ARTICLE II
DECLARATION OF RIGHTS
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SECTION 1. All political power is inherent in the people, and government is instituted for their protection, security, and benefit; and they have the right to alter, reform, or abolish the same in such manner as they may think proper.
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SEC. 2. All men are created equally free and independent, and have certain inherent and inalienable rights; amongst which are those of enjoying and defending life and liberty; of acquiring, possessing, and protecting property and reputation; and of pursuing their own happiness. To secure these rights governments are instituted among men, deriving their just powers from the consent of the governed.
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SEC. 3. The equality of all persons before the law is recognized, and shall ever remain inviolate; nor shall any citizen ever be deprived of any right, privilege, or immunity, nor exempted from any burden or duty, on account of race, color, or previous condition.
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SEC. 4. The right of the people peaceably to assemble, to consult for the common good, and to petition, by address or remonstrance, the government, or any department thereof, shall never be abridged.
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SEC. 5. The citizens of this State shall have the right to keep and bear arms, for their common defense.
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SEC. 6. The liberty of the press shall forever remain inviolate. The free communication of thoughts and opinions is one of the invaluable rights of man; and all persons may freely write and publish their sentiments on all subjects, being responsible for the abuse of such right. In all criminal prosecutions for libel, the truth may be given in evidence to the jury; and if it shall appear to the jury that the matter charged as libelous is true, and was published with good motives and for justifiable ends, the party charged shall be acquitted.
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SEC. 7. The right of trial by jury shall remain inviolate, and shall extend to all cases at law, without regard to the amount in controversy; but a jury-trial may be waived by the parties in all cases, in the manner prescribed by law.
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Amendment 16.
(Const., Art. 2, 7, Amended)
Sec. 7. Jury trial - Right to - Waiver - Civil cases, nine jurors agreeing.
The right of trial by jury shall remain inviolate, and shall extend to all cases at law, without regard to the amount in controversy; but a jury trial may be waived by the parties in all cases in the manner prescribed by law; and in all jury trials in civil cases, where as many as nine of the jurors agree upon a verdict, the verdict so agreed upon shall be returned as the verdict of such jury, provided, however, that where a verdict is returned by less than twelve jurors all the jurors consenting to such verdict shall sign the same.
This amendment to the Constitution of Arkansas shall be self-executing and require no enabling act, but shall take and have full force and effect immediately upon its adoption by the electors of the State.
[Amendment effective November 6, 1928. This is Amendment No. 16 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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SEC. 8. No person shall be held to answer a criminal charge unless on the presentment or indictment of a grand jury, except in cases of impeachment, or cases such as the general assembly shall make cognizable by justices of the peace, and courts of similar jurisdiction; or cases arising in the Army and Navy of the United States; or in the militia, when in actual service in time of war or public danger; and no person, for the same offense, shall be twice put in jeopardy of life or liberty; but if in any criminal prosecution the jury be divided in opinion, the court before which the trial shall be had may, in its discretion, discharge the jury, and commit or bail the accused for trial, at the same or the next term of said court; nor shall any person be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty or property without due process of law. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great.
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SEC. 9. Excessive bail shall not be required, nor shall excessive fines be imposed; nor shall cruel or unusual punishments be inflicted, nor witnesses be unreasonably detained.
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SEC. 10. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the county in which the crime shall have been committed: Provided, That the venue may be changed to any other county of the judicial district in which the indictment is found, upon the application of the accused, in such manner as now is, or may be prescribed by law; and to be informed of the nature and cause of the accusation against him, and to have a copy thereof; and to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; and to be heard by himself and his counsel.
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SEC. 11. The privilege of the writ of habeas corpus shall not be suspended;. except by the general assembly, in case of rebellion, insurrection, or invasion, when the public safety may require it.
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SEC. 12. No power of suspending or setting aside the law or laws of the State, shall ever be. exercised, except by the general assembly.
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SEC. 13. Every person is entitled to a certain remedy in the laws for all injuries or wrongs he may receive in his person, property or character; he ought to obtain justice freely, and without purchase; completely and without denial; promptly and without delay; conformably to the laws.
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SEC. 14. Treason against the State shall only consist in levying and making war against the same, or in adhering to its enemies, 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 on confession in open court.
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SEC. 15. The right of the people of this State to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue except upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.
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SEC. 16. No person shall be imprisoned for debt in any civil action, on mesne or final process, unless in cases of fraud.
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SEC. 17. No bill of attainder, ex post facto law, or law impairing the obligation of contracts shall ever be passed; and no conviction shall work corruption of blood or forfeiture of estate.
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SEC. 18. The general assembly shall not grant to any citizen, or class of citizens, privileges or immunities which, upon the same terms, shall not equally belong to all citizens.
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SEC. 19. Perpetuities and monopolies are contrary to the genius of a republic, and shall not be allowed; nor shall any hereditary emoluments, privileges or honors ever be granted or conferred in this State.
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SEC. 20. No distinction shall ever be made by law, between resident aliens and citizens, in regard to the possession, enjoyment, or descent of property.
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SEC. 21. No person shall be taken or imprisoned, or disseized of his estate, freehold, liberties or privileges; or outlawed, or in any manner destroyed, or deprived of his life, liberty, or property, except by the judgment of his peers, or the law of the land; nor shall any person, under any circumstances, be exiled from the State.
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SEC. 22. The right of property is before and higher than any constitutional sanction; and private property shall not be taken, appropriated, or damaged for public use, without just compensation therefor.
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SEC. 23. The State's ancient right of eminent domain, and of taxation, is herein fully and expressly conceded; and the general assembly may delegate the taxing power, with the necessary restriction, to the State's subordinate, political, and municipal corporations, to the extent of providing for their existence, maintenance and well-being, but no further.
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SEC. 24. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; no man can of right be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent. No human authority can, in any case or manner whatsoever, control or interfere with the right of conscience; and no preference shall ever be given by law to any religious establishment, denomination, or mode of worship above any other.
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SEC. 25. Religion, morality, and knowledge being essential to good government, the general assembly shall enact suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship.
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SEC. 26. No religious test shall ever be required of any person as a qualification to vote or hold office; nor shall any person be rendered incompetent to be a witness on account of his religious belief; but nothing herein shall be construed to dispense with oaths or affirmations.
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SEC. 27. There shall be no slavery in this State, nor involuntary servitude, except as a punishment for crime. No standing army shall be kept in time of peace; the military shall at all times be in strict subordination to the civil power; and no soldier shall be quartered in any house or on any premises without the consent of the owner in time of peace; nor in time of war, except in a manner prescribed by law.
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SEC. 28. All lands in this State are declared to be allodial; and feudal tenure of every description, with all their incidents, are prohibited.
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.SEC. 29. This enumeration of rights shall not be construed to deny or disparage others retained by the people; and to guard against any encroachments on the rights herein retained, or any transgression of any of the higher powers herein delegated, we declare that everything in this article is excepted out of the general powers of the government, and shall forever remain inviolate; and that all laws contrary thereto, or to the other provisions herein contained, shall be void.
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ARTICLE III
FRANCHISE AND ELECTIONS
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SECTION 1. Every male citizen of the United States, or male person who has declared his intention of becoming a citizen of the same, of the age of twenty-one years, who has resided in the State twelve months, and in the county six months, and in the voting precinct or ward one month, next preceding any election, where he may propose to vote, shall be entitled to vote at all elections by the people.
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Amendment 8.
(Const., Art. 3, 1, Amended)
Sec. 1. Qualifications of electors - Equal suffrage - Poll tax.
[There is no longer a poll tax. This section was amended by Const., Amend. 8, incorporated herein.]
Every citizen of the United States of the age of twenty-one years, who has resided in the State twelve months, in the county six months, and in the precinct, town or ward one month, next preceding any election at which they may propose to vote, except such persons as may for the commission of some felony be deprived of the right to vote by law passed by the General Assembly, and who shall exhibit a poll tax receipt or other evidence that they have paid their poll tax at the time of collecting taxes next preceding such election, shall be allowed to vote at any election in the State of Arkansas; provided, that persons who make satisfactory proof that they have attained the age of twenty-one years since the time of assessing taxes next preceding said election and possess the other necessary qualifications, shall be permitted to vote; and, provided further, that the said tax receipt shall be so marked by dated stamp or written endorsement by the judges of election to whom it may be first presented as to prevent the holder thereof from voting more than once at any election. It is declared to be the purpose of this amendment to deny the right of suffrage to aliens and it is declared to be the purpose of this amendment to confer suffrage equally upon both men and women, without regard to sex. Provided, that women shall not be compelled to serve on juries.
[Amendment effective November 1920. This is Amendment No. 8 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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SEC. 2. Elections shall be free and equal. No power, civil or military, shall ever interfere to prevent the free exercise of the right of suffrage; nor shall any law be enacted whereby the right to vote at any election shall be made to depend upon any previous registration of the elector's name; or whereby such right shall be impaired or forfeited, except for the commission of a felony at common law, upon lawful conviction thereof.
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SEC. 3. All elections by the people shall be by ballot. Every ballot shall be numbered in the order in which it, shall be received, and the number recorded by the election officers, on the list of voters, opposite the name of the elector who presents the ballot. The election officers shall be sworn or affirmed not to disclose how any elector shall have voted, unless required to do so as witnesses in a judicial. proceeding, or a proceeding to contest an election.
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Amendment 50.
Elections Conducted by Ballot or Voting Machine
(Repealed Const., Art. 3, Sec. 3, and New Sections Added)
Sec. 1. Repeal of Article III, Section 3.
Article III, Section 3, of the Constitution of the State of Arkansas is hereby repealed and the following section is substituted therefor. [See Amendment No. 50 for substituted sections.]
[Amendment effective January 15, 1963 This is Section 1 of Amendment No. 50 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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SEC. 4. Electors shall in all cases (except treason, felony, and breach of the peace) be privileged from arrest during their attendance at elections, and going to and from the same.
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SEC. 5. No idiot or insane person shall be entitled to the privileges of an elector.
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SEC. 6. Any person who shall be convicted of fraud, bribery, or other wilful and corrupt violation of any election law of this State, shall be adjudged guilty of a felony, and disqualified from holding any office of trust or profit in this State.
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SEC. 7. No soldier, sailor, or marine, in the military or naval service of the United States, shall acquire a residence by reason of being stationed on duty in this State.
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SEC. 8. The general elections shall be held biennially, on the first Monday of September; but the general assembly may by law fix a different time.
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SEC. 9. In trials of contested elections and in proceedings for the investigation of elections, no person shall be permitted to withhold his testimony on the ground that it may criminate himself, or subject him to public infamy; but such testimony shall not be used against him in any judicial proceeding, except for perjury in giving such testimony.
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SEC. 10. No person shall be qualified to serve as an election officer, who shall hold, at the time of the election, any office, appointment, or employment in or under the Government of the United States, or of this State, or in any city or county, or any municipal board, commission or trust, in any city, save only the justices of the peace and aldermen, notaries public, and persons in the militia service of the State. Nor shall any election officer be eligible to any civil office to be filled at an election at which he shall serve, save only to such subordinate municipal or local offices, below the grade of city or county officers, as shall be designated by general law.
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SEC. 11. If the officers of any election shall unlawfully refuse or fail to receive, count, or return the vote or ballot of any qualified elector, such vote or ballot shall nevertheless be counted upon the trial of any contest arising out of said election.
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SEC. 12. All elections by persons acting in a representative capacity shall be viva voce.
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ARTICLE IV
DEPARTMENT
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SECTION 1. The powers of the government of the State of Arkansas shall be divided into three distinct departments, each of them to be confided to a separate body of magistracy, to wit: Those which are legislative, to one; those which are executive, to another; and those which are judicial, to another.
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SEC. 2. No person or collection of persons, being of one of these departments, shall exercise any power belonging to either of the others, except in the instances hereinafter expressly directed or permitted.
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ARTICLE V
LEGISLATIVE
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SECTION 1. The legislative power of this State shall be vested in a General Assembly, which shall consist of the senate and house of representatives.
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SEC. 2. The house of representatives shall consist of members to be chosen every second year by the qualified electors of the several counties.
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SEC. 3. The senate shall consist of members to be chosen every four years by the qualified electors of the several districts. At the first session of the senate, the senators shall divide themselves into two classes, by lot, and the first class shall hold their places for two years only, after which all shall be elected for four years.
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SEC. 4. No person shall be a senator or representative, who, at the time of his election, is not a citizen of the United States, nor any one who has not been for two years next preceding his election, a resident of this State, and for one year next preceding his election, a resident of the county or district whence he may be chosen. Senators shall be at least twenty-five years of age, and representatives at least twenty-one years of age.
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SEC. 5. The general assembly shall meet at the seat of government every two years, on the first Tuesday after the second Monday in November, until said time be altered by law.
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SEC. 6. The governor shall issue writs of election, to fill such vacancies as shall occur in either house of the general assembly.
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SEC. 7. No judge of the supreme, circuit or inferior courts of law or equity, Secretary of state, attorney-general for the State, auditor or treasurer, recorder, Clerk of any court of record, sheriff, coroner, member of Congress, nor any other person holding any lucrative office under the United States or this State, (militia officers, justices of the peace, postmasters, officers of public schools, and notaries excepted,) shall be eligible to a seat in either house of the general assembly.
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SEC. 8. No person who now is, or shall be hereafter, a collector or holder of public money, nor any assistant or deputy of such holder or collector of public money, shall be eligible to a seat in either house of the general assembly, nor to any office of trust or profit, until he shall have accounted for and paid over all sums for which he may have been liable.
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SEC. 9. No person hereafter convicted of embezzlement of public money, bribery, forgery, or other infamous crime, shall be eligible to the general assembly, or capable of holding any office of trust or profit in this State.
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SEC. 10. No senator or representative shall, during the term for which lie shall have been elected, be appointed or elected to any civil office under this State.
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SEC. 11. Each house shall appoint its own officers, and shall be sole judge of the qualifications, returns, and elections of its own members. A majority of all the members elected to each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and compel the attendance of absent members in such mariner and under such penalties as each house shall provide.
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SEC. 12. Each house shall have power to determine the rules of its proceedings, and punish its members or other persons for contempt or disorderly behavior in its presence; enforce obedience to its process; to protect its members against violence or offers of bribes, or private solicitations; and, with the concurrence of two-thirds, expel a member; but not a second time for the same cause. A member expelled for corruption shall not thereafter be eligible to either house, and punishment for contempt or disorderly behavior shall not bar an indictment for the same offence. Each house shall keep a journal of its proceedings, and, from time to time, publish the same, except such parts as require secrecy; and the yeas and nays on any question shall, at the desire of any five members, be entered on the journals.
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SEC. 13. The sessions of each house and of committees of the whole shall be open, unless when the business is such as ought to be kept secret.
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SEC. 14. Whenever an officer, civil or military, shall be appointed by the joint or concurrent vote of both houses, or by the separate vote of either house of the general assembly, the vote shall be taken viva voce, and entered on the journals.
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SEC. 15. The members of the general assembly shall, in all cases except treason, felony, and breach or surety of the peace, be privileged front arrest during their attendance at the sessions of their respective houses, and in going to and returning from the same; and for any speech or debate in either house they shall not be questioned in any other place.
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SEC. 16. The members of the general assembly shall receive such per diem pay and mileage for their services as shall be fixed by law. No member of either house shall, during the term for which he has been elected, receive any increase of pay for his services under any law passed during such term. The term of all members of the general assembly shall begin on the day of their election.
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Amendment 5.
(Const., Art. 5, 16 Amended).
Sec. 16. Per diem and mileage of General Assembly.
Each member of the General Assembly shall receive six dollars per day for his services during the first sixty days of any regular session of the General Assembly, and if any regular session shall be extended, such member shall serve without further per diem. Each member of the General Assembly shall also receive ten cents per mile for each mile traveled in going to and returning from the seat of government, over the most direct and practicable route. When convened in extraordinary session by the Governor, they shall each receive three dollars per day for their services during the first fifteen days, and if such extraordinary session shall extend beyond fifteen days, they shall receive no further per diem. They shall be entitled to the same mileage for any extraordinary session as herein provided for regular sessions. The terms of all members of the General Assembly shall begin on the day of their election, and they shall receive no compensation, perquisite or allowance whatever, except as herein provided.
[Amendment effective February 10, 1913. This is Amendment No. 5 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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SEC. 17. The regular biennial sessions shall not exceed sixty days in duration, unless by a vote of two-thirds of the members elected to each house of said general assembly: Provided, That this section shall not apply to the first session of the general assembly under this constitution, or when impeachments are pending.
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SEC. 18. Each house, at the beginning of every regular session of the general assembly, and whenever a vacancy may occur, shall elect from its members a presiding officer, to be styled, respectively, the president of the senate and the speaker of the house of representatives; and whenever, at the close of any session, it may appear that the term of the member elected president of the senate will expire before the next regular session, the senate shall elect another president from those members whose terms of office continue over, who shall qualify and remain president of the senate until his successor may be elected and qualified; and who, in the case of a vacancy in the office of governor, shall perform the duties and exercise the powers of governor as elsewhere herein provided.
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SEC. 19. The style of the laws of the State of Arkansas shall be: “Be it enacted by the general assembly of the State of Arkansas.”
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SEC. 20. The State of Arkansas shall never be made defendant in any of her courts.
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SEC. 21. No law shall be passed except by bill, and no bill shall be so altered or amended on its passage through either house as to change its original purpose.
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SEC 22. Every bill shall be read at length, on three different days in each House; unless the rules be suspended by two-thirds of the house, when the same may be read a second or third time on the same day; and no bill shall become a law unless, on its final passage, the vote be taken by yeas and nays; the names of the persons voting for and against the same be entered on the journal; and a majority of each House be recorded thereon as voting in its favor.
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SEC. 23. No law shall be revived, amended, or the provisions thereof extended or conferred, by reference to its title only; but so much thereof as is revived, amended, extended or conferred, shall be re-enacted and published at length.
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SEC. 24. The general assembly shall not pass any local or special law changing the venue in criminal cases; changing the names of persons, or adopting or legitimating children; granting divorces; vacating roads, streets, or alleys.
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SEC. 25. In all cases where a general law can be made applicable, no special law shall be enacted; nor shall the operation of any general law be suspended by the Legislature for the benefit of any particular individual, corporation, or association, nor where the courts have jurisdiction to grant the powers, or the privileges, or the relief asked for.
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SEC. 26. No local or special bill shall be passed, unless notice of the intention to apply therefor, shall have been published, in the locality where the matter or the thing to be affected may be situated; which notice shall be at least thirty days prior to the introduction into the general assembly of such bill, and in the manner to be provided by law. The evidence of such notice having been published, shall be exhibited in the general assembly before such act shall be passed.
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SEC. 27. No extra compensation shall be made to any officer, agent, employé or contractor, after the service shall have been rendered, or the contract made; nor shall any money be appropriated or paid on any claim, the subject-matter of which shall not have been provided by pre-existing laws; unless such compensation or claim, be allowed by bill passed by two-thirds of the members elected to each branch of the general assembly.
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SEC. 28. Neither house shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses, shall be sitting.
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SEC. 29. No money shall be drawn from the treasury except in pursuance of specific appropriation made by law, the purpose of which shall be distinctly stated in the bill; and the maximum amount which may be drawn shall be specified in dollars and cents; and no appropriations shall be for a longer period than two years.
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SEC. 30. The general appropriation bill shall embrace nothing but appropriations for the ordinary expenses of the executive, legislative, and judicial departments of the State; all other appropriations shall be made by separate bills, each embracing but one subject.
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SEC. 31. No State tax shall be allowed, or appropriation of money made, except to raise means for the payment of the just debts of the State, for defraying the necessary expenses of the government, to sustain common schools, to repel invasion, and suppress insurrection, except by a majority of two thirds of both Houses of the General assembly.
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SEC. 32. No act of the General Assembly shall limit the amount to be recovered for injuries resulting in death, or for injuries to persons or property; and, in case of death from such injuries, the right of action shall survive, and the General Assembly shall prescribe for whose benefit such action shall be prosecuted.
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Amendment 26.
(Const., Art. 5, Sec. 32, Amended)
Sec. 32. Workmen's Compensation Laws - Actions for personal injuries.
The General Assembly shall have power to enact laws prescribing the amount of compensation to be paid by employers for injuries to or death of employees, and to whom said payment shall be made. It shall have power to provide the means, methods, and forum for adjudicating claims arising under said laws, and for securing payment of same. Provided, that otherwise no law shall be enacted limiting the amount to be recovered for injuries resulting in death or for injuries to persons or property; and in case of death from such injuries the right of action shall survive, and the General Assembly shall prescribe for whose benefit such action shall be prosecuted. [As amended by Const. Amend. 26.]
[Amendment effective November 8, 1938. This is Amendment No. 26 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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SEC. 33. No obligation or liability of any railroad, or other corporation held or owned by this State, shall ever be exchanged, transferred, remitted, postponed, or in any way diminished by the general assembly; nor shall such liability or obligation be released , except by payment thereof into the State treasury.
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SEC. 34. No new bill shall be introduced in either house during the last three days of the session.
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SEC. 35. Any person who shall, directly or indirectly, offer, give, or promise any money, or thing of value, testimonial, privilege, or personal advantage, to any executive or judicial officer or member of the general assembly; and any such executive or judicial officer or member of the general assembly who shall receive or consent to receive any such consideration, either directly or indirectly, to influence his action in the performance or non-performance of his public or official duty, shall be guilty of a felony, and be punished accordingly.
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SEC. 36. Proceedings to expel a member for a criminal offence, whether successful or not, shall not bar an indictment and punishment, under the criminal laws, for the same offence.
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No Section Text |
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Amendment 19.
Passage of Laws
(Const., Art. 5, [37]-[41] Added)
[Sec. 37.] Laws - Enactment - Majority required.
1. Not less than a majority of the members of each House of the General Assembly may enact a law.
[Amendment effective November 6, 1934. This is Section 1 of Amendment No. 19 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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[Sec. 38.] Taxes - Increase - Approval by electors.
2. None of the rates for property, excise, privilege or personal taxes, now levied shall be increased by the General Assembly except after the approval of the qualified electors voting thereon at an election, or in case of emergency, by the votes of three-fourths of the members elected to each House of the General Assembly.
[Amendment effective November 6, 1934. This is Section 2 of Amendment No. 19 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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No Section Text |
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[Sec. 39.] State expenses - Limitation - Exceptions.
3. Excepting monies raised or collected for educational purposes, highway purposes, to pay Confederate pensions and the just debts of the State, the General Assembly is hereby prohibited from appropriating or expending more than the sum of Two and One-Half Million Dollars for all purposes, for any biennial period; provided the limit herein fixed may be exceeded by the votes of three-fourths of the members elected to each House of the General Assembly.
[Amendment effective November 6, 1934. This is Section 3 of Amendment No. 19 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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[Sec. 40.] General appropriation bill - Enactment.
4. In making appropriations for any biennial period, the General Assembly shall first pass the General Appropriation Bill provided for in Section 30 of Article 5 of the Constitution, and no other appropriation bill may be enacted before that shall have been done.
[Amendment effective November 6, 1934. This is Section 4 of Amendment No. 19 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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[Sec. 41.] Expenses incurred or authorized only by bill - Repealing clause.
5. No expense shall be incurred or authorized for either House except by a bill duly passed by both Houses and approved by the Governor. The provisions of the Constitution of the State of Arkansas in conflict with this Amendment are hereby repealed in so far as they are in conflict herewith, and this Amendment shall be self-executing and shall take and have full effect immediately upon its adoption by the electors of the State.
[Amendment effective November 6, 1934. This is Section 5 of Amendment No. 19 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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ARTICLE VI
EXECUTIVE DEPARTMENTS
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SECTION 1. The executive department of this State shall consist of a governor, secretary of state, treasurer of state, auditor of state, and attorney-general; all of whom shall keep their offices in person at the seat of government, and hold their offices for the term of two years and until their successors are elected and qualified; and the general assembly may provide by law for the establishment of the office of commissioner of State lands.
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Amendment 6.
Executive Department and Officers
(Const., Art. 6, 1, Amended and Sections Added)
Sec. 1. Executive department.
The executive department of this State shall consist of a Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State and Attorney General, all of whom shall keep their offices in person at the seat of government and hold their offices for the term of two years and until their successors are elected and qualified, and the General Assembly may provide by law for the establishment of the office of Commissioner of State Lands.
[Amendment effective September, 1915. This is Section 1 of Amendment No. 6 according to the numbering method for constitutional amendments used by the state of Arkansas.
Note: see article 9906 for additional sections added to the constitution about the Lieutenant Governor.]
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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 Arkansas.”
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Sec. 2. Executive power vested in Governor and Lieutenant Governor.
The executive power shall be vested in a Governor, who shall hold office for two years; a Lieutenant Governor shall be chosen at the same time and for the same term. The Governor and Lieutenant Governor elected next preceding the time when this section shall take effect shall hold office until and including the second Monday of September, and their successors shall be chosen at the general election in that year.
[Amendment effective September, 1915. This is Section 2 of Amendment No. 6 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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SEC. 3. The governor, secretary of state, treasurer of state, auditor of state, and attorney-general shall be elected by the qualified electors of the State at large, at the time and places of voting for members of the general assembly; the returns of each election therefor shall be sealed up separately and transmitted to the seat of government by the returning officers, and directed to the speaker of the house of representatives, who shall, during the first week of the session, open and publish the votes cast and given for each of the respective officers hereinbefore mentioned, in the presence of both houses of the general assembly. The person having the highest number of votes, for each of the respective offices, shall be declared duly elected thereto; but if two or more shall be equal, and highest in votes for the same office, one of them shall be chosen by the joint vote of both houses of the general assembly, and a majority of all the members elected shall be necessary to a choice.
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SEC. 4. Contested elections for governor, secretary of state, treasurer of state, auditor of state, and attorney-general shall be determined by the members of both houses of the general assembly, in joint session, who shall have executive jurisdiction in trying and determining the same, except as hereinafter provided in the case of special elections; and all such contests shall be tried and determined at the first session of the general assembly after the election in which the same shall have arisen.
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SEC. 5. No person shall be eligible to the office of governor except a citizen of the United States, who shall have attained the age of thirty years and shall have been seven years a resident of this State.
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SEC. 6. The governor shall be commander-in-chief of the military and naval forces of this State, except when they shall be called into the actual service of the United States.
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SEC. 7. He may require information, in writing, from the officers of the executive department, on any subject relating to the duties of their respective offices, and shall see that the laws are faithfully executed.
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SEC. 8. He shall give to the general assembly from time to time, and at the close of his official term to the next general assembly, information, by message, concerning the condition and government of the State, and recommend for their consideration such measures as he may deem expedient.
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SEC. 9. A seal of the State shall be kept by the governor, used by him officially, and called the “Great Seal of the State of Arkansas.”
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SEC. 10. All grants and commissions shall be issued in the name, and by the authority of the State of Arkansas; sealed with the great seal of the State; signed by the Governor, and attested by the secretary of state.
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SEC. 11. No member of Congress, or other person holding office under the authority of this State, or of the United States, shall exercise the office of Governor, except as herein provided.
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SEC. 12. In case of the death, conviction on impeachment, failure to qualify, resignation, absence from the State, or other disability of the Governor, the powers, duties and emoluments of the office for the remainder of the term, or until the disability be removed, or a governor elected and qualified, shall devolve upon, and accrue, to the president of the Senate.
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SEC. 13. If, during the vacancy of the office of Governor, the president of the Senate shall be impeached, removed from office, refuse to qualify, resign, die, or be absent from the State, the speaker of the house of representatives shall, in like manner, administer the government.
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SEC. 14. Whenever the office of Governor shall become vacant by death, resignation, removal from office or otherwise, provided such vacancy shall not happen within twelve months next before the expiration of the term of office for which the late governor shall have been elected, the president of the senate or speaker of the house of representatives, as the case may be, exercising the powers of governor for the time being, shall, immediately cause an election to be held to fill such vacancy, giving by proclamation sixty days' previous notice thereof; which election shall be governed by the same rules prescribed for general elections of governor as far as applicable; the returns shall be made to the secretary of state, and the acting Governor, secretary of state and attorney-general shall constitute a board of canvassers, a majority of whom shall compare said returns, and declare who is elected; and if there be a contested election, it shall be decided as may be provided by law.
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SEC. 15. Every bill which shall have passed both houses of the general assembly shall be presented to the governor; if he approve it, he shall sign it; but if he shall not approve it, he shall return it, with his objections, to the house in which it originated; which house shall enter the objections at large upon their journal, and proceed to reconsider it. If, after such reconsideration, a majority of the whole number elected to that house, shall agree to pass the bill, it shall be sent, with the objections, to the other house; by which, likewise, it shall be reconsidered, and; if approved by a majority of the whole number elected to that house, it shall be a law; but in such cases 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 on the journals. 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 become a law, unless he shall file the same, with his objections, in the office of the secretary of state, and give notice thereof, by public proclamation, within twenty days a adjournment.
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SEC. 16. Every order or resolution in which the concurrence of both houses of the general assembly may be necessary, except on questions of adjournment, shall be presented to the governor, and, before it 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.
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SEC. 17. The governor shall have power to disapprove of any item or items, of any bill making appropriation of money, embracing distinct items, and the part or parts of the bill approved shall be the law; and the item or items of appropriations disapproved, shall be void unless repassed according to the rules and limitations prescribed for the passage of other bills over the executive veto.
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SEC. 18. In all criminal and penal cases, except in those of treason and impeachment, the governor shall have power to grant reprieves, commutations of sentence, and pardons, after conviction; and to remit fines and forfeitures, under such rules and regulations as shall be prescribed by law. In cases of treason, he shall have power, by and with the advice and consent of the Senate, to grant reprieves and pardons; and he may, in the recess of the senate, respite the sentence until the adjournment of the next regular session of the general assembly. He shall communicate to the general assembly at every regular session each case of reprieve, commutation, or pardon, with his reasons therefor, stating the name and crime of the convict, the sentence, its date, and the date of the commutation, pardon, or reprieve.
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SEC. 19. The governor may, by proclamation, on extraordinary occasions, convene the general assembly at the seat of government, or at a different place, if that shall have become, since their last adjournment, dangerous from an enemy or contagious disease; and he shall specify in his proclamation the purpose for which they are convened, and no other business than that set forth therein shall be transacted until the same shall have been disposed of; after which they may, by a vote of two-thirds of all the members elected to both houses, entered upon their journals, remain in session not exceeding fifteen days.
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SEC. 20. In cases of disagreement between the two houses of the general assembly, at a regular or special session, with respect to the time of adjournment, the governor may, if the facts be certified to him by the presiding officers of the two houses, adjourn them to a time not beyond the day of their next meeting; and on account of danger from an enemy or disease, to such other place of safety as he may think proper
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SEC. 21. The secretary of state shall keep a full and accurate record of all the official acts and proceedings of the governor, and, when required, lay the same, with all papers, minutes, and vouchers relating thereto, before either branch of the general assembly. He shall also discharge the duties of superintendent of public instruction, until otherwise provided by law.
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SEC. 22. The treasurer of state, secretary of state, auditor of state, and attorney-general shall perform such duties as may be prescribed by law; they shall not hold any other office or commission, civil or military, in this State or under any State, or the United States, or any other power, at one and the same time; and in case of vacancy occurring in any of said offices, by death, resignation, or otherwise, the governor shall fill said office by appointment for the unexpired term.
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SEC. 23. When any office, from any cause, may become vacant, and no mode is provided by the constitution and laws for filling such vacancy, the governor shall have the power to fill the same by granting a commission, which shall expire when the person elected to fill said office, at the next general election, shall be duly qualified.
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ARTICLE VII
JUDICIAL DEPARTMENT
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SECTION 1. The judicial power of the State shall be vested in one supreme court, in circuit courts, in county and probate courts, and in justices of the peace. The general assembly may also vest such jurisdiction as may be deemed necessary in municipal-corporation courts, courts of common pleas, where established; and, when deemed expedient, may establish separate courts of chancery.
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SEC. 2. The supreme court shall be composed of three judges, one of whom shall be styled chief justice, and elected as such; any two of whom shall constitute a quorum, and the concurrence of two judges shall, in every case, be necessary to a decision.
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Amendment 9.
Supreme Court
Sec. 1. Enlargement - Sitting in division.
The Supreme Court shall be composed of five judges, one of whom shall be styled Chief Justice and elected as such, any three of whom shall constitute a quorum, and the concurrence of at least three judges shall in every case be necessary to a decision. Provided, if it should hereafter become necessary to increase the number of judges of the Supreme Court, the Legislature may provide for two additional judges and may also provide for the court sitting in divisions under such regulations as may be prescribed by law; provided, further, that should the court sit in divisions, in all cases where the construction of the Constitution is involved, the cause shall be heard by the court in banc, and in all cases when a judge of a division dissents from the opinion therein, at the request of the Chief Justice, or such dissenting justice, the cause shall be transferred to the court in banc for its decision.
[Amendment effective December 6, 1924. This is Amendment No. 9 according to the numbering method for constitutional amendments used by the state of Arkansas. Note that the Arkansas legislative constitution treats amendment 9 as a separate amendment, so we have also coded it as article 9907.]
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SEC. 3. When the population of the State shall amount to one million, the general assembly may, if deemed necessary, increase the number of judges of the supreme court to five; and, on such increase, a majority of judges shall be necessary to make a quorum or a decision.
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SEC. 4. The supreme court, except in cases otherwise provided by this constitution, shall have appellate jurisdiction only, which shall be co-extensive with the State, under such restrictions as may from time to time be prescribed by law. It shall have a general superintending control over all inferior courts of law and equity, and, in aid of its appellate and supervisory jurisdiction, it shall have power to issue writs of error and supersedeas, certiorari, habeas corpus, prohibition, mandamus, and quo warranto, and other remedial writs, and to hear and determine the same. Its judges shall be conservators .of the peace throughout the State, and shall severally have power to issue any of the aforesaid writs.
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SEC. 5. In the exercise of original jurisdiction, the Supreme Court shall have power to issue writs of quo warranto to the circuit judges and chancellors, when created, and to officers of political corporations when the question involved is the legal existence of such corporations.
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SEC. 6. A judge of the supreme court shall be at least thirty years of age, of good moral character, and learned in the law; a citizen of the United States, and two years a resident of the State, and who has been a practising lawyer eight years, or whose service upon the bench of any court of record, when added to the time he may have practiced law, shall be equal to eight years. The judges of the supreme court shall be elected by the qualified electors of the State, and shall hold their offices during the term of eight years from the date of their commissions; but at the first meeting of the court after the first election under this constitution the judges shall, by lot, divide themselves into three classes; one of which shall hold his office for four, one for six, and the other for eight years; after which each judge shall be elected for a full term of eight years. A record shall be made in the court of this classification.
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SEC. 7. The supreme court shall appoint its clerk and Reporter, who shall hold their offices for six years, subject to removal for good cause.
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SEC. 8. The terms of the supreme court shall be held at the seat of government, at the times that now are, or may be, provided by law.
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SEC. 9. In case all, or any of the judges of the supreme court shall be disqualified from presiding in any cause or causes, the court, or the disqualified judge, shall certify the same to the governor, who shall immediately commission the requisite number of men learned in the law, to sit in the trial and determination of such causes.
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Section 3. Article 7, Section 9, 21, and 22 are hereby repealed.
[Amendment effective January 1, 1999. This is Amendment No. 77 according to the numbering method for constitutional amendments used by the state of Arkansas, which also repealed Article 7, Sections 21 and 22.]
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SEC. 10. The supreme judges shall, at stated times, receive a compensation for their services to be ascertained by law, which shall not be, after the adjournment of the next general assembly, diminished during the time for which they shall have been elected. They shall not be allowed any fees or perquisites of office, nor hold any other office of trust or profit under the State or the United States.
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Sec. 2. Compensation of judges.
The Supreme Court judges shall at stated times receive compensation for their services to be fixed by law. When the salary of the judges under this amendment to the Constitution shall have been established by law, such salary shall not thereafter be increased or diminished during their respective terms. Until otherwise provided by law, the judges of the Supreme Court shall each receive a salary of seven thousand five hundred dollars per annum.
[Amendment effective December 6, 1924. This is Amendment No. 9 according to the numbering method for constitutional amendments used by the state of Arkansas. Note that the Arkansas legislative constitution treats amendment 9 as a separate amendment, so we have also coded it as article 9907.]
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SEC. 11. The circuit court shall have jurisdiction in all civil and criminal cases, the exclusive jurisdiction of which may not be vested in some other court provided for by this constitution.
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SEC. 12, The Circuit Courts shall hold their terms in each county, at such times and places as are, or may be, prescribed by law.
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SEC. 13. The State shall be divided into convenient circuits, each circuit to be made up of contiguous counties, for each of which circuits a judge shall be elected; who, during his continuance in office, shall reside in and be a conservator of the peace within the circuit for which he shall have been elected.
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SEC. 14. The circuit court shall exercise a superintending control and appellate jurisdiction over county, probate, court of common pleas, and corporation courts and justices of the peace; and shall have power to issue, hear, and determine all the necessary writs to carry into effect their general and specific powers, any of which writs may be issued upon order of the judge of the appropriate court in vacation.
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SEC. 15. Until the general assembly shall deem it expedient to establish courts of chancery, the circuit courts shall have jurisdiction in matters of equity, subject to appeal to the supreme court, in such manner as may be prescribed by law.
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SEC. 16. A judge of the circuit court shall be a citizen of the United States, at least twenty-eight years of age, of good moral character, learned in the law, two years a resident of the State, and shall have practised law six years, or whose service upon the bench of any court of record, when added to the time he may have practised law, shall be equal to six years.
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SEC. 17. The judges of the Circuit Courts shall be elected by the qualified electors of the several circuits, and shall hold their offices for the term of four years.
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SEC. 18. The judges of the circuit courts shall at stated times receive a compensation for their services to be ascertained by law, which shall not, after the adjournment of the first session of the General Assembly, be diminished during the time for which they are elected. They shall not be allowed any fees or perquisites of office, nor hold any other office of trust or profit under this State or the United States.
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SEC. 19. The clerks of the circuit court shall be elected. by the qualified electors of the several counties, for the term of two years, and shall be ex-officio clerks of the county and probate courts, and recorder: Provided, That in any county having a population exceeding fifteen thousand inhabitants, as shown by the last Federal census, there shall be elected a county clerk, in like manner as clerk of the circuit court, who shall be ex-officio clerk of the probate court of said county.
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Amendment 24.
Probate Courts - Circuit and County Clerks
(Const., Art. 7, 19, 34, 35 Amended).
Sec. 19. Circuit clerks - Election - Term of office - Ex-officio duties - County clerks elected in certain counties.
The clerks of the circuit courts shall be elected by the qualified electors of the several counties for the term of two years, and shall be ex-officio clerks of the county and probate courts and recorder; provided, that in any county having a population exceeding fifteen thousand inhabitants, as shown by the last Federal census, there shall be elected a county clerk, in like manner as the clerk of the circuit court, and in such case the county clerk shall be ex-officio clerk of the probate court of such county until otherwise provided by the General Assembly.
[Amendment effective January 1, 1939. This is Section 3 of Amendment No. 24 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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SEC. 20. No judge or justice shall preside in the trial of any cause in the event of which he may be interested, or where either of the parties shall be connected with him by consanguinity or affinity, within such degree as may be prescribed by law; or in which he may have been of counsel, or have presided in any inferior court.
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SEC. 21. Whenever the office of judge of the circuit court of any county is vacant at the commencement of a term of such court, or the judge of said court shall fail to attend, the regular practising attorneys in attendance on said court may meet at 10 o'clock a. m., on the second day of the term and elect a judge to preside at such court, or until the regular judge shall appear; and if the judge of said court shall become sick, or die, or unable to continue to hold such court after its term shall have commenced, or shall from any cause be disqualified from presiding at the trial of any cause then pending therein, then the regular practising attorneys in attendance on said court may in like manner, on notice from the judge or clerk of said court, elect a judge to preside at such court or to try said causes; and the attorney so elected shall have the same power and authority in said court as the regular judge would have had if present and presiding; but this authority shall cease at the close of the term at which the election shall be made. The proceedings shall be entered at large upon the record. The special judge shall be learned in the law, and a resident of the State.
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Section 3. Article 7, Section 9, 21, and 22 are hereby repealed.
[Amendment effective January 1, 1999. This is Amendment No. 77 according to the numbering method for constitutional amendments used by the state of Arkansas, which also repealed Article 7, Sections 9 and 22.]
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SEC. 22. The judges of the circuit courts may temporarily exchange circuits, or hold courts for each other, under such regulations as may be prescribed by law.
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Section 3. Article 7, Section 9, 21, and 22 are hereby repealed.
[Amendment effective January 1, 1999. This is Amendment No. 77 according to the numbering method for constitutional amendments used by the state of Arkansas, which also repealed Article 7, Sections 9 and 21.]
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SEC. 23. Judges shall not charge juries with regard to matters of fact, but shall declare the law; and, in jury-trials, shall reduce their charge or instructions to writing, on the request of either party.
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SEC. 24. The qualified electors of each circuit shall elect a prosecuting attorney, who shall hold his office for the term of two years; and he shall be a citizen of the United States, learned in the law, and a resident of the circuit for which lie may be elected.
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SEC. 25. The judges of the supreme, circuit, or chancery courts shall not, during their continuance in office, practise law, or appear as counsel in any court, State or Federal, within this State.
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SEC. 26. The general assembly shall have power to regulate, by law, the punishment of contempts not committed in the presence or hearing of the courts, or in disobedience of process.
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SEC. 27. The circuit court shall have jurisdiction, upon information, presentment, or indictment, to remove any county or township officer from office for incompetency, corruption, gross immorality, criminal conduct, malfeasance, misfeasance, or nonfeasance in office.
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SEC. 28. The county courts shall have exclusive original jurisdiction in all matters relating to county taxes, roads, bridges, ferries, paupers, bastardy, vagrants, the apprenticeship of minors, the disbursement of money for county purposes, and in every other case that may be necessary to the internal improvement and local concerns of the respective counties. The county court shall be held by one judge, except in cases otherwise herein provided.
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SEC. 29. The Judge of the county court shall be elected by the qualified electors of the county for the term of two years. He shall be at least twenty-five years of age, a citizen of the United States, a man of upright character, of good business education, and a resident of the State for two years before his election, and a resident of the county at the time of his election and during his continuance in office
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SEC. 30. The justices of the peace of each county shall sit with and assist the county judge in levying the county taxes, and in making appropriations for the expenses of the county, in the manner to be prescribed by law; and the county judge, together with a majority of said justices, shall constitute a quorum for such purposes; and in the absence of the county judge a majority of the justices of the peace may constitute the court, who shall elect one of their number to preside. The general assembly shall regulate by law the manner of compelling the attendance of such quorum.
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SEC. 31. The terms of the county courts shall be held at the times that are now prescribed for holding the supervisors' courts, or may hereafter be prescribed by law.
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SEC.32. The general assembly may authorize the judge of the county court of any one or more counties, to hold severally a quarterly court of common pleas in their respective counties, which shall be a court of record, with such jurisdiction in matters of contract and other civil matters, not involving title to real estate, as may be vested in such court.
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SEC. 33. Appeals from all judgments of county courts or courts of common pleas, when established, may be taken to the circuit court under such restrictions and regulations as may be prescribed by law.
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SEC. 34. The judge of the county court shall be the judge of the court of probate, and have such exclusive original jurisdiction in matters relative to the probate of wills, the estates of deceased persons, executors, administrators, guardians, and persons of unsound mind, and their estates, as is now vested in the circuit court, or may be hereafter prescribed by law. The regular terms of the court of probate shall be held at the times that may hereafter be prescribed y law.
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Sec. 34. Probate courts - Jurisdiction - Trial of issues - Terms.
In each county the Judge of the court having jurisdiction in matters of equity shall be judge of the court of probate, and have such exclusive original jurisdiction in matters relative to the probate of wills, the estates of deceased persons, executors, administrators, guardians, and persons of unsound mind and their estates, as is now vested in courts of probate, or may be hereafter prescribed by law. The judge of the
probate court shall try all issues of the law and of facts arising in causes or proceedings within the jurisdiction of said court, and therein pending. The regular terms of the courts of probate shall be held at such times as is now or may hereafter be prescribed by law; and the General Assembly may provide for the consolidation of chancery and probate courts.
[Amendment effective January 1, 1939. This is Section 1 of Amendment No. 24 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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SEC.35. Appeals may be taken from judgments and orders of the probate court to the circuit court, under such regulations and restrictions as may be prescribed by law.
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Sec. 35. Appeals from probate court.
Appeals may be taken from judgments and orders of courts of probate to the Supreme Court; and, until otherwise provided by the General Assembly, shall be taken in the same manner as appeals from courts of chancery and subject to the same regulations and restrictions. [As amended by Const. Amend. 24, Section 2.]
[Amendment effective January 1, 1939. This is Section 2 of Amendment No. 24 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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SEC. 36. Whenever a judge of the county or probate court may be disqualified from presiding, in any cause or causes pending in his court, he shall certify the facts to the governor of the State, who shall thereupon commission a special judge to preside in such cause or causes during the time said disqualification may continue, or until such cause or causes may be finally disposed of.
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SEC.37. The county judge shall receive such compensation for his services as presiding judge of the county court, as judge of the court of probate, and judge of the court of common pleas, when established, as may be provided by law. In the absence of the circuit judge from the county, the county judge shall have power to issue orders for injunction and other provisional writs in their counties, returnable to the court having jurisdiction: Provided, That either party may have such order reviewed by any superior judge in vacation in such manner as shall be provided by law. The county judge shall have power, in the absence of the circuit judge from the county, to issue, hear, and determine writs of habeas corpus, under such regulations and restrictions as shall be provided by law.
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SEC. 38. The qualified electors of each township shall elect the justices of the peace for the term of two years, who shall be commissioned by the governor, and their official oath shall be indorsed on the commission.
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SEC. 39. For every two hundred electors there shall be elected one justice of the peace; but every township, however small, shall have two justices of the peace.
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SEC. 40 They shall severally have original jurisdiction in the following matters: First. Exclusive of the circuit court, in all matters of contract where the amount in controversy does not exceed the sum of one hundred dollars, excluding interest; and concurrent jurisdiction in matters of contract, where the amount in controversy does not exceed the sum of three hundred dollars, exclusive of interest. Second. Concurrent jurisdiction in suits for the recovery of personal property, where the value of the property does not exceed the sum of three hundred dollars; and in all matters of damage to personal property where the amount in controversy does not exceed the sum of one hundred dollars. Third. Such jurisdiction of misdemeanors as is now or may be prescribed by law. Fourth. To sit as examining courts and commit, discharge or recognize offenders to the court having jurisdiction, for further trial and to bind persons to keep the peace, or for good behavior. Fifth. For the foregoing purposes, they shall have power to issue all necessary process. Sixth. They shall be conservators of the peace within their respective counties: Provided, A justice of the peace shall not have jurisdiction where a lien on land, or title or possession thereto is involved.
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SEC. 41. A justice of the peace shall be a qualified elector and a resident of the township for which he is elected.
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SEC. 42. Appeals may be taken from the final judgments of the justices of the peace to the circuit courts, under such regulations as are now or may be provided by law.
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SEC. 43. Corporation courts, for towns and cities, may be invested with jurisdiction concurrent with justices of the peace in civil and criminal matters; and the general assembly may invest such of them as it may deem expedient with jurisdiction of any criminal offences riot punishable by death or imprisonment in the pinitentiary, with or without indictment, as may be provided by law; and, until the general assembly shall otherwise provide, they shall have the jurisdiction now provided by law.
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SEC. 44. The Pulaski chancery court shall continue in existence until abolished by law, or the business pending at the adoption of this constitution shall be disposed of, or the pending business be transferred to other courts. The judge and clerk of said court shall hold office for the term of two years, and shall be elected by the qualified voters of the State. All suits and proceedings which relate to sixteenth-section lands or money due for said lands, shall be transferred to the respective countries where such lands are located, in such manner as shall be provided by the general assembly at the next session.
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SEC. 45. The separate criminal courts established in this State are hereby abolished, and all the jurisdiction exercised by said criminal courts is vested in the circuit courts of the respective counties; and all causes now pending therein are hereby transferred to said circuit courts respectively. It shall be the duty of the clerks of said criminal courts to transfer all the records, books, and papers pertaining to said criminal courts to the circuit courts of their respective counties.
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SEC. 46. The qualified electors of each county shall elect one sheriff, who shall be ex-officio collector of taxes, unless otherwise provided by law; one assessor; one coroner; one treasurer, who shall be ex-officio, treasurer of the common-school fund of the county; and one county surveyor, for the term of two years, with such duties as are now or may be prescribed by law: Provided, That no per centum shall ever be paid to assessors upon the valuation or assessment of property by them.
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SEC. 47. The qualified electors of each township shall elect a constable, for the term of two years, who shall be furnished, by the presiding judge of the county court, with a certificate of election on which his official oath shall be indorsed.
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SEC. 48. All officers provided for in this article, except constables, shall be commissioned by the governor.
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SEC. 49. All writs and other judicial process shall run in the name of the State of Arkansas, bear test, and be signed by the clerks of the respective courts from which they issue. Indictments shall conclude: "Against the peace and dignity of the State of Arkansas."
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SEC. 50. All vacancies occurring in any office provided for in this article shall be filled by special election, save that in case of vacancies occurring in county and township offices, six months, and in other offices nine months, before the next general election, such vacancies shall be filled by appointment by the governor.
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SEC. 51. That n all cases of allowances made for or against counties, cities, or towns, an appeal shall lie to the circuit court of the county, at the instance of the party aggrieved, or on the intervention of any citizen or resident and tax-payer of such county, city, or town, on the same terms and conditions on which appeals may be granted to the circuit court in other cases; and the matter pertaining to any such allowance shall be tried in the circuit court de novo. In case an appeal be taken by any citizen, he shall give a bond, payable to the proper county, conditioned to prosecute the appeal and save the county from costs on account of the same being taken.
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SEC. 52. That in all cases of contest for any county, township, or municipal office, an appeal shall lie, at the instance of the party aggrieved, from any inferior board, council, or tribunal to the circuit court, on the same terms and conditions on which appeals may be granted to the circuit court in other cases, and on such appeals the case shall be tried de novo.
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ARTICLE VIII
APPORTIONMENT
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SECTION 1. The House of Representatives shall consist of not less than seventy-three, nor more than one hundred members.
Each county now organized shall always be entitled to one Representative, the remainder to be apportioned among the several counties according to the number of adult male inhabitants, taking two thousand as the ratio, until the number of representatives amounts to one hundred, when they shall not be further increased; but the ratio of representation shall, from time to time, be increased as hereinafter, provided; so that the representatives shall never exceed that number. And until the enumeration of the inhabitants is taken by the United States Government A. D. 1880, the representatives shall be apportioned among the several counties as follows:
The county of Arkansas shall elect one representative.
The county of Ashley shall elect one representative.
The county of Benton shall elect two representatives.
The county of Boone shall elect one representative.
The county of Bradley shall elect one representative.
The county of Baxter shall elect one representative.
The county of Calhoun shall elect one representative.
The county of Carroll shall elect one representative.
The county of Chicot shall elect one representative.
The county of Columbia shall elect two representatives.
The county of Clark shall elect two representatives.
The county of Conway shall elect one representative.
The county of Craighead shall elect one representative.
The county of Crawford shall elect one representative.
The county of Cross shall elect one representative.
The county of Crittenden shall elect one representative.
The county of Clayton shall elect one representative
The county of Dallas shall elect one representative.
The county of Desha shall elect one representative.
The county of Drew shall elect one representative.
The county of Dorsey shall elect one representative.
The county of Franklin shall elect one representative.
The county of Fulton shall elect one representative.
The county of Faulkner shall elect one representative.
The county of Grant shall elect one representative.
The county of Greene shall elect one representative.
The county of Garland shall elect one representative.
The county of Hempstead shall elect two representatives.
The county of Hot Spring shall elect one representative.
The county of Howard shall elect one representative.
The county of Independence shall elect two representatives.
The county of Izard shall elect one representative.
The county of Jackson shall elect one representative.
The county of Jefferson shall elect three representatives.
The county of Johnson shall elect one representative.
The county of La Fayette shall elect one representative.
The county of Lawrence shall elect one representative.
The county of Little River shall elect one representative.
The county of Lonoke shall elect two representatives.
The county of Lincoln shall elect one representative.
The county of Lee shall elect two representatives.
The county of Madison shall elect one representative.
The county of Marion shall elect one representative.
The county of Monroe shall elect one representative.
The county of Montgomery shall elect one representative.
The county of Mississippi shall elect one representative.
The county of Nevada shall elect one representative.
The county of Newton shall elect one representative.
The county of Ouachita shall elect two representatives.
The county of Perry shall elect one representative.
The county of Phillips shall elect three representatives.
The county of Pike shall elect one representative.
The county of Polk shall elect one representative.
The county of Pope shall elect one representative.
The county of Poinsett shall elect one representative.
The county of Pulaski shall elect four representatives.
The county of Prairie shall elect one representative.
The county of Randolph shall elect one representative.
The county of Saline shall elect one representative.
The county of Sarber shall elect one representative.
The county of Scott shall elect one representative.
The county of Searcy shall elect one representative.
The county of Sebastian shall elect two representatives.
The county of Sevier shall elect one representative.
The county of Sharp shall elect one representative.
The county of Saint Francis shall elect one representative.
The county of Stone shall elect one representative.
The county of Union shall elect two representatives.
The county of Van Buren shall elect one representative.
The county of Washington shall elect three representatives.
The county of White shall elect two representatives.
The county of Woodruff shall elect one representative.
The county of Yell shall elect one representative.
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Amendment 23.
Apportionment
(Const., Art. 8 Amended)
That Article VIII of the Constitution of the State be so amended as to read as follows:
Section 1. A Board to be known as “the Board of Apportionment,” consisting of the Governor (who shall be chairman), the Secretary of State and the Attorney General, is hereby created and it shall be its imperative duty to make apportionment of representatives and senators in accordance with the provisions hereof; the action of a majority in each instance shall be deemed the action of said board.
[Amendment effective January 12, 1937.– Art. 8 was subsequently amended by Amend. 45. This is Section 1 of Amendment No. 23 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Amendment 45.
(Const., Art. 8, as Amended by Const. Amend. 23, Amended)
Article 8
Apportionment - Membership in General Assembly
Sec. 1. Board of apportionment created - Powers and duties.
A Board to be known as "The Board of Apportionment," consisting of the Governor (who shall be Chairman), the Secretary of State and the Attorney General is hereby created and it shall be its imperative duty to make apportionment of representatives in accordance with the provisions hereof; the action of a majority in each instance shall be deemed the action of said board. [As amended by Const. Amends. 23 and 45.]
[Amendment effective November 6, 1956. This is Section 1 of Amendment No. 45 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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SEC. 2. The legislature shall, from time to time, divide the State into convenient senatorial districts in such manner that the Senate shall be based upon the adult male inhabitants of the State, each Senator representing an equal number as nearly as practicable; and until the enumeration of the inhabitants is taken by the United States Government, A. D. 1880, the districts shall be arranged as follows:
The counties of Greene, Craighead, and Clayton shall compose the first district, and elect one senator.
The counties of Randolph, Lawrence, and Sharp shall compose the second district, and elect one senator.
The counties of Carroll, Boone, and Newton shall compose the third district, and elect one senator.
The counties of Johnson and Pope shall compose the fourth district, and elect one senator.
The county of Washington shall compose the fifth district, and elect one senator.
The counties of Independence and Stone shall compose the sixth district, and elect one senator.
The counties of Woodruff, Saint Francis, Cross, and Crittenden shall compose the seventh district, and elect one senator.
The counties of Yell and Sarber shall compose the eighth district, and elect one senator.
The counties of Saline, Garland, Hot Spring, and Grant shall compose the ninth district, and elect one senator.
The counties of Pulaski and Perry shall compose the tenth district, and elect two senators.
The county of Jefferson shall compose the eleventh district, and elect one senator.
The counties of Lonoke and Prairie shall compose the twelfth district, and elect one senator.
The counties of Arkansas and Monroe shall compose the thirteenth district, and elect one senator.
The counties of Phillips and Lee shall compose the fourteenth district, and elect one senator.
The counties of Desha and Chicot shall compose the fifteenth district, and elect one senator.
The counties of Lincoln, Dorsey and Dallas shall compose the sixteenth district, and elect one senator.
The counties of Drew and Ashley shall compose the seventeenth district, and elect one senator.
The counties of Bradley and Union shall compose the eighteenth district, and elect one senator.
The counties of Calhoun and Ouachita shall compose the nineteenth district, and elect one senator.
The counties of Hempstead and Nevada shall compose the twentieth district, and elect one senator.
The counties of Columbia and La Fayette shall compose the twenty-first district, and elect one senator.
The counties of Little River, Sevier, Howard and Polk shall compose the twenty-second district, and elect one senator.
The counties of Fulton, Izard, Marion and Baxter shall compose the twenty-third district, and elect one senator.
The counties of Benton and Madison shall compose the twenty-fourth district, and elect one senator.
The counties of Crawford and Franklin shall compose the twenty-fifth district, and elect one senator.
The counties of Van Buren, Conway and Searcy shall compose the twenty-sixth district, and elect one senator.
The counties of White and Faulkner shall compose the twenty-seventh district, and elect one senator.
The counties of Sebastian and Scott shall compose the twenty-eighth district, and elect one senator.
The counties of Poinsett, Jackson and Mississippi shall compose the twenty-ninth district, and elect one senator.
The counties of Clark, Pike and Montgomery shall compose the thirtieth district, and elect one senator.
And the senate shall never consist of less than thirty nor more than thirty-five members.
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Section 2. The House of Representatives shall consist of one hundred members and each county existing at the time of any apportionment shall have at least one representative; the remaining members shall be equally distributed (as nearly as practicable) among the more populous counties of the State, in accordance with the ratio to be determined by the population of said counties as shown by the Federal census next preceding any apportionment hereunder.
[Amendment effective January 12, 1937.– Art. 8 was subsequently amended by Amend. 45. This is Section 2 of Amendment No. 23 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 2. One hundred members in House of Representatives - Apportionment.
The House of Representatives shall consist of one hundred members and each county existing at the time of any apportionment shall have at least one representative; the remaining members shall be equally distributed (as nearly as practicable) among the more populous counties of the State, in accordance with a ratio to be determined by the population of said counties as shown by the Federal census next preceding any apportionment hereunder. [As amended by Const. Amends. 23 and 45.]
[Amendment effective November 6, 1956. This is Section 2 of Amendment No. 45 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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SEC. 3. Senatorial districts shall at all times consist of contiguous territory; and no county shall be divided in the formation of a senatorial district.
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Section 3. The Senate shall consist of thirty-six members. Senatorial districts shall at all times consist of contiguous territory, and no county shall be divided in the formation of such districts. “The Board of Apportionment” hereby created shall, from time to time, divide the State into convenient senatorial districts in such manner as that the Senate shall be based upon the inhabitants of the State, each Senator representing, as nearly as practicable, an equal number thereof; each district shall have at least one Senator.
[Amendment effective January 12, 1937.– Art. 8 was subsequently amended by Amend. 45. This is Section 3 of Amendment No. 23 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 3. Senatorial districts - Thirty-five members of Senate.
The Senate shall consist of thirty-five members. Senatorial districts shall at all times consist of contiguous territory, and no county shall be divided in the formation of such districts. "The Board of Apportionment" hereby created shall, from time to time, divide the state into convenient senatorial districts in such manner as that the Senate shall be based upon the inhabitants of the state, each senator representing, as nearly as practicable, an equal number thereof; each district shall have at least one senator. [As amended by Const. Amend. 23.]
[Amendment effective November 6, 1956. This is Section 3 of Amendment No. 45 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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SEC. 4. The division of the State into senatorial districts, and the apportionment of representatives to the several counties, shall be made by the general assembly at the first regular session after each enumeration of the inhabitants of the State, by the Federal or the State government, shall have been ascertained, and at no other time.
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Section 4. The Board shall make the first apportionment hereunder within ninety days from January 1, 1937; thereafter, on or before February 1 immediately following each federal census, said Board shall reapportion the State for both Representatives and Senators, and in each instance said Board shall file its report with the Secretary of State, setting forth: (a) the basis of population adopted for representatives; (b) the basis for senators; (c) the number of representatives assigned each county; (d) the counties comprising each senatorial district and the number of Senators assigned to each, whereupon, after thirty days from such filling date, the apportionment thus made shall become effective unless proceedings for revision be instituted in the Supreme Court within said period.
[Amendment effective January 12, 1937.– Art. 8 was subsequently amended by Amend. 45. This is Section 4 of Amendment No. 23 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 4. Duties of Board of Apportionment.
On or before February 1 immediately following each Federal census, said board shall reapportion the State for Representatives, and in each instance said board shall file its report with the Secretary of State, setting forth (a) the basis of population adopted for representatives; (b) the number of representatives assigned to each county; whereupon, after 30 days from such filing date, the apportionment thus made shall become effective unless proceedings for revision be instituted in the Supreme Court within said period. [As amended by Const. Amends. 23 and 45.]
[Amendment effective November 6, 1956. This is Section 4 of Amendment No. 45 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Section 5. Original jurisdiction (to be exercised on application of any citizen tax payer) is hereby vested in the Supreme Court of the State: (a) to compel by mandamus or otherwise the Board to perform its duties as here directed, and (b) to revise any arbitrary action of or abuse of discretion by the Board in making any such apportionment; provided, any such application for revision shall be filed with said court within thirty days after the filing of the report of apportionment by said Board with the Secretary of State, if revised by the Court, a certified copy of its judgement shall be by the clerk forthwith transmitted to the Secretary of State, and thereupon be and become a substitute for the apportionment made by the Board.
[Amendment effective January 12, 1937.– Art. 8 was subsequently amended by Amend. 45. This is Section 5 of Amendment No. 23 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 5. Mandamus to compel Board of Apportionment to act.
Original jurisdiction (to be exercised on application of any citizens and taxpayers) is hereby vested in the Supreme Court of the State (a) to compel (by mandamus or otherwise) the board to perform its duties as here directed and (b) to revise any arbitrary action of or abuse of discretion by the board in making such apportionment; provided any such application for revision shall be filed with said Court within 30 days after the filing of the report of apportionment by said board with the Secretary of State; if revised by the court, a certified copy of its judgment shall be by the clerk thereof forthwith transmitted to the Secretary of State, and thereupon be and become a substitute for the apportionment made by the board. [As amended by Const. Amends. 23 and 45.]
[Amendment effective November 6, 1956. This is Section 5 of Amendment No. 45 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Section 6. At the next general election for State and County officers ensuing after any such apportionment, senators and representatives shall be elected in accordance therewith and their respective terms of office shall begin on January 1 next following. At the first regular session succeeding any apportionment so made, the Senate shall be divided into two classes by lot, eighteen of whom shall serve for a period of two years and the remaining seventeen for four years, after which all shall be elected for four years until the next reapportionment hereunder.
[Amendment effective January 12, 1937.– Art. 8 was subsequently amended by Amend. 45. This is Section 6 of Amendment No. 23 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 6. Election of Senators and Representatives.
At the next general election for State and County officers ensuing after any such apportionment, Representatives shall be elected in accordance therewith, Senators shall be elected henceforth according to the apportionment now existing, and their respective terms of office shall begin on January 1 next following. Senators shall be elected for a term of four years at the expiration of their present terms of office. [As amended by Const. Amends. 23 and 45.]
[Amendment effective November 6, 1956. This is Section 6 of Amendment No. 45 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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ARTICLE IX
EXEMPTION
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SECTION 1. The personal property of any resident of this State, who is not married or the head of a family, in specific articles, to be selected by such resident, not exceeding in value the sum of two hundred dollars, in addition to his or her wearing-apparel, shall be exempt from seizure on attachment, or sale on execution or other process from any court issued for the collection of any debt by contract: Provided, That no property shall be exempt from execution for debts contracted for the purchase-money therefor while in the hands of the vendee.
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SEC. 2. The personal property of any resident of this State, who is married or the head of a family, in specific articles to be selected. by such resident, not exceeding in value the sum of five hundred dollars, in addition to his or her wearing-apparel, and that of his or her family, shall be exempt from seizure on attachment, or sale on execution or other process from any court, on debt by contract.
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SEC. 3. The homestead of any resident of this State, who is married or the head of a family, shall not be subject to the lien of any judgment or decree of any court, or to sale under execution, or other process thereon, except such as may be rendered for the purchase-money, or for specific liens, laborers' or mechanics' liens for improving the same, or for taxes, or against executors, administrators, guardians, receivers, attorneys for moneys collected by them, and other trustees of an express trust, for moneys due from them in their fiduciary capacity.
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SEC. 4. The homestead outside any city, town, or village, owned and occupied as a residence, shall consist of not exceeding one hundred and sixty acres of land, with the improvements thereon, to be selected by the owner: Provided, The same shall not exceed in value the sum of twenty-five hundred dollars, and in no event shall the homestead be reduced to less than eighty acres, without regard to value.
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SEC. 5. The homestead in any city, town, or village, owned and occupied as a residence, shall consist of not exceeding one acre of land, with the improvements thereon, to be selected by the owner: Provided, The same shall not exceed in value the sum of two thousand five hundred dollars, and in no event shall such homestead be reduced to less than one-quarter of an acre of land, without regard to value.
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SEC. 6. If the owner of a homestead die, leaving a widow, but no children, and said widow has no separate homestead in her own right, the same shall be exempt, and the rents and profits thereof shall vest in her during her natural life: Provided, That if the owner leaves children, one or more, said child or children shall share with said widow, and be entitled to half the rents and profits till each of them arrives at twenty-one years of age, each child's rights to cease at twenty-one years of age, and the shares to go to the younger children, and then all to go to the widow: And provided, That said widow or children may reside on the homestead or not. And, in case of the death of the widow all of said homestead shall be vested in the minor children of the testator or intestate.
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SEC. 7. The real and personal property of any feme-covert in this State, acquired either before or after marriage, whether by gift, grant, inheritance, devise, or otherwise, shall, so long as she may choose, be and remain her separate estate and property, and may be devised, bequeathed, or conveyed by her the same as if she were a feme-sole; and the same shall not be subject to the debts of her husband.
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SEC. 8. The general assembly shall provide for the time and mode of scheduling the separate personal property of married women.
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SEC. 9. The exemptions contained in the constitution of 1868 shall apply to all debts contracted since the adoption thereof, and prior to the adoption of this constitution.
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SEC. 10. The homestead provided for in this article shall inure to the benefit of the minor children, under the exemptions herein provided, after the decease of the parents.
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ARTICLE X
AGRICULTURE, MINING, AND MANUFACTURE
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SECTION 1. The general assembly shall pass such laws as will foster and aid the agricultural, mining, and manufacturing interests of the State, and may create a bureau, to be known as the mining, manufacturing, and agricultural bureau.
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SEC 2. The general assembly, when deemed expedient, may create the office of State geologist, to be appointed by the governor, by and with the advice and consent of the senate, who shall hold his office for such time, and perform such duties, and receive such compensation as may be prescribed by law: Provided That he shall be at all times subject to removal by the governor for incompetency or gross neglect of duty.
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SEC. 3. The general assembly may, by general law, exempt from taxation for the term of seven years from the ratification of this constitution the capital invested in any or all kinds of mining and manufacturing business in this State, under such regulations and restrictions as may be prescribed by law.
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ARTICLE XI
MILITIA
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SECTION1. The militia shall consist of all able-bodied male persons. residents of the State, between the ages of eighteen and forty-five years; except such as may be exempted by the laws of the United States, or this State, and shall be organized, officered, armed and equipped and trained in such manner as may be provided by law.
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SEC. 2. Volunteer companies of infantry, cavalry or artillery, may be formed in such manner and with such restrictions as may be provided by law.
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SEC. 3. The volunteer and militia forces shall in all cases (except treason, felony, and breach of the peace) be privileged from arrest during their attendance at muster and the election of officers, and in going to and returning from the same.
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SEC. 4. The governor shall, when the general assembly is not in session, have power to call out the volunteers or militia, or both, to execute the laws, repel invasion, repress insurrection, and preserve the public peace; in such manner as may be authorized by law.
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ARTICLE XII
MUNICIPAL AND PRIVATE CORPORATIONS
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SECTION 1. All existing charters or grants of special or exclusive privileges under which a bona-fide organization shall not have taken place and business been commenced in good faith, at the time of the adoption of this constitution, shall thereafter have no validity.
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SEC. 2. The general assembly shall pass no special act conferring corporate powers, except for charitable, educational, penal or reformatory purposes, where the corporations created are to be and remain under the patronage and control of the State.
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SEC. 3. The general assembly shall provide, by general laws, for the organization of cities (which may be classified) and incorporated towns; and restrict their power of taxation, assessment, borrowing money, and contracting debts, so as to prevent the abuse of such power.
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SEC. 4. No municipal corporation shall be authorized to pass any laws contrary to the general laws, of the State, nor levy any tax on real or personal property to a greater extent, in one year, than five mills on the dollar of the assessed value of the same: Provided, That to pay indebtedness existing at the time of the adoption of this constitution, an additional tax of not more than five mills on the dollar, may be levied.
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Amendment 10.
(Const., Art. 12, 4, Amended)
Sec. 4. Limitation on legislative and taxing power - Local bond issues.
No municipal corporation shall be authorized to pass any law contrary to the general laws of the state; nor levy any tax on real or personal property to a greater extent, in one year, than five mills on the dollar of the assessed value of the same. Provided, that, to pay indebtedness existing at the time of the adoption of this Constitution, an additional tax of not more than five mills on the dollar may be levied.
The fiscal affairs of counties, cities and incorporated towns shall be conducted on a sound financial basis, and no county court or levying board or agent of any county shall make or authorize any contract or make any allowance for any purpose whatsoever in excess of the revenue from all sources for the fiscal year in which said contract or allowance is made; nor shall any county judge, county clerk or other county officer, sign or issue any scrip, warrant or make any allowance in excess of the revenue from all sources for the current fiscal year; nor shall any city council, board of alderman, board of public affairs, or commissioners of any city of the first or second class, or any incorporated town, enter into any contract or make any allowance for any purpose whatsoever or authorize the issuance of any contract or warrants, scrip, or other evidences of indebtedness in excess of the revenue for such city or town for the current fiscal year; nor shall any mayor, city clerk or recorder, or any other officer or officers, however designated, of any city of the first or second class or incorporated town sign or issue scrip, warrant or other certificate of indebtedness of excess of the revenue from all sources for the current fiscal year.
Provided, however, to secure funds to pay indebtedness outstanding at the time of the adoption of this amendment, counties, cities, and incorporated towns may issue interest-bearing certificates of indebtedness or bonds with interest coupons for the payment of which a county or city tax in addition to that now authorized, not exceeding three mills, may be levied for the time as provided by law until such indebtedness is paid.
Where the annual report of any city or county in the State of Arkansas shows that scrip, warrants, or other certificate of indebtedness had been issued in excess of the total revenue for that year, the officer of officers of the county or city or incorporated town who authorized, signed or issued such scrip, warrants or other certificates of indebtedness shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in any sum not less than five hundred dollars nor more than ten thousand dollars, and shall be removed from office.
[Amendment effective December 6, 1924. This is Amendment No. 10 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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SEC. 5. No county, city, town, or other municipal corporation shall become a stockholder in any company, association, or corporation; or obtain or appropriate money for, or loan its credit to, any corporation, association, institution or individual.
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SEC. 6. Corporations may be formed under general laws; which laws may, from time to time, be altered or repealed. The general assembly shall have the power to alter, revoke or annul any charter of incorporation now existing and revocable at the adoption of this constitution, or any that may hereafter be created, whenever, in their opinion, it may be injurious to the citizens of this State; in such manner, however, that no injustice shall be done to the corporators.
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SEC. 7. Except as herein provided, the State shall never become a stockholder in, or subscribe to, or be interested in, the stock of any corporation or association.
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SEC. 8. No private corporation shall issue stocks or bonds, except for money or property actually received or labor done; and all fictitious increase of stock or indebtedness shall be void; nor shall the stock or bonded indebtedness of any private corporation be increased, except in pursuance of general laws, nor until the consent of the persons holding the larger amount, in value, of stock, shall be obtained at a meeting held after notice given for a period not less than sixty dag, in pursuance of law.
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SEC. 9. No property, nor right of way, shall be appropriated to the use of any corporation, until full compensation therefor shall be first made to the owner, in money; or first secured to him by a deposit of money; which compensation, irrespective of any benefit from any improvement proposed by such corporation, shall be ascertained by a jury of twelve men, in a court of competent jurisdiction, as shall be, prescribed by law.
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SEC. 10. No act of the general assembly shall be passed authorizing the issuing of bills, notes, or other paper which may circulate as money.
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SEC. 11. Foreign corporations may be authorized to do business in this State, under such limitations and restrictions as may be prescribed by law: Provided, That no such corporation shall do any business in this State except while it maintains therein one or more known places of business, and an authorized agent or agents in the same, upon whom process may be served; and, as to contracts made or business done in this State, they shall be subject to the same regulations, limitations, and liabilities as like corporations of this State, and shall exercise no other or greater powers, privileges, or franchises than may be exercised b y like corporations of this State; nor shall they have power to condemn or appropriate private property.
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SEC. 12. Except as herein otherwise provided, the State shall never assume or pay the debt or liability of any county, town, city, or other oration whatever, or any part thereof, unless such debt or liability shall have been created to repel invasion, suppress insurrection, or to provide for the public welfare and defence. Nor shall the indebtedness of any corporation to the State ever be released or in any manner discharged, save by payment into the public treasury.
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ARTICLE XIII
COUNTIES, COUNTY-SEATS, AND COUNTY-LINES
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SECTION 1. No county now established shall be reduced to in area of less than six hundred square miles, nor to less than five thousand inhabitants; nor shall any new county be established with less than six hundred- square miles and five thousand inhabitants: Provided, That this section shall not apply to the counties of Lafayette, Pope, and Johnson, nor be so construed as to prevent the general assembly from changing the line between the counties of Pope and Johnson.
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SEC. 2. No part of a county shall be taken off to form a new county, or a part thereof, without the consent of a majority of the voters in such part proposed to be taken off.
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SEC. 3. No county-seat shall be established or changed without the consent of a majority of the qualified voters of the county to be affected by such change, nor until the place at which it is proposed to establish or change such county-seat shall be fully designated: Provided, That in formation of new counties, the county-seat may be located temporarily by provisions of law.
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SEC. 4. In the formation of new counties, no line thereof shall run within ten miles of the county-seat of the county proposed to be divided, except the county-seat of Lafayette County.
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SEC. 5. Sebastian County may have two districts and two county-seats, at which county, probate, and circuit courts shall be held as may be provided by law, each district paying its own expenses.
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ARTICLE XIV
EDUCATION
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SECTION 1. Intelligence and virtue being the safeguards of liberty and the bulwark of a free and good government, the State shall ever maintain a general, suitable, and efficient system of free schools, whereby all persons in the State, between the ages of six and twenty-one years, may receive gratuitous instruction.
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Amendment 53.
(Const., Art. 14, 1, Amended)
Sec. 1. Free school system.
Intelligence and virtue being the safeguards of liberty and the bulwark of a free and good government, the State shall ever maintain a general, suitable and efficient system of free public schools and shall adopt all suitable means to secure to the people the advantages and opportunities of education. The specific intention of this amendment is to authorize that in addition to existing constitutional or statutory provisions the General Assembly and/or public school districts may spend public funds for the education of persons over twenty-one (21) years of age and under six (6) years of age, as may be provided by law, and no other interpretation shall be given to it. [As amended by Const. Amend. 53.]
[Amendment effective November 5, 1968. This is Amendment No. 53 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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SEC. 2 No money or property belonging to the public-school fund or to this State, for the benefit of schools or universities, shall ever be used. for any other than for the respective purposes to which it belongs.
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SEC. 3. The general assembly shall provide by general laws for the support of common schools by taxes, which shall never exceed in any one year two mills on the dollar on the taxable property of the State; and by an annual per-capita tax of one dollar, to be assessed on every male inhabitant of this State over the age of twenty-one years; Provided, The general assembly may, by general law, authorize school-districts to levy, by a vote of the qualified electors of such district, a tax, not to exceed five mills on the dollar in any one year for school purposes: Provided further, That no such tax shall be appropriated to any other purpose, nor to any other district than that for which it was levied.
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Amendment 11.
School Tax
(Const., Art. 14, Sec. 3, Amended)
Section 3. The General Assembly shall provide by the general laws for the support of common schools by taxes, which shall never exceed in any one year three mills on the dollar on the taxable property in the State, and by an annual per capita tax of one dollar, to be assessed on every male in habitant of this State over the age of twenty-one years. Provided, that the General Assembly may, by general law, authorize school districts to levy by a vote of the qualified electors of such districts a tax not to exceed eighteen mills on the dollar in any one year for the maintenance of schools, the erection and equipment of school buildings and the retirement of existing indebtedness for buildings.
Provided, further, that no such tax shall be appropriated for any other purpose nor to any other district than that for which it is levied.
[Amendment effective October 5, 1926. This is Amendment No. 11 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Amendment 40.
(Const., Art. 14, 3, as Amended by Const. Amend. 11, Amended)
Sec. 3. School district tax - Budget - Approval of tax rate by electors.
The General Assembly shall provide for the support of common schools by general law, including an annual per capita tax of one dollar, to be assessed on every male inhabitant of this State over the age of twenty-one years; and school districts are hereby authorized to levy by a vote of the qualified electors respectively thereof an annual tax for the maintenance of schools, the erection and equipment of school buildings and the retirement of existing indebtedness, the amount of such tax to be determined in the following manner:
The Board of Directors of each school district shall prepare, approve and make public not less than sixty (60) days in advance of the annual school election a proposed budget of expenditures deemed necessary to provide for the foregoing purposes, together with a rate of tax levy sufficient to provide the funds therefor, including the rate under any continuing levy for the retirement of indebtedness. If a majority of the qualified voters in said school district voting in the annual school election shall approve the rate of tax so proposed by the Board of Directors, then the tax at the rate so approved shall be collected as provided by law. In the event a majority of said qualified electors voting in said annual school election shall disapprove the proposed rate of tax, then the tax shall be collected at the rate approved in the last preceding annual school election
Provided, that no such tax shall be appropriated for any other purpose nor to any other district than that for which it is levied. [As amended by Const. Amends. 11 and 40.]
[Amendment effective November 2, 1948. This is Amendment No. 40 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Amendment 74.
Uniform Minimum Property Tax for Schools
(CONST., ART.14, SEC.3 AMENDED; NOT YET CODIFIED)
Sec. 1 of Amend. No. 74. Section 3 of Article 14 of the Arkansas Constitution, as amended by Amendments 11 and 40 is amended to read as follows:
"Section 3. School tax - Budget - Approval of tax rate.
The General Assembly shall provide for the support of common schools by general law. In order to provide quality education, it is the goal of this state to provide a fair system for the distribution of funds. It is recognized that, in providing such a system, some funding variations may be necessary. The primary reason for allowing such variations is to allow school districts, to the extent permissible, to raise additional funds to enhance the educational system within the school district. It is further recognized that funding variations or restrictions thereon may be necessary in order to comply with, or due to, other provisions of this Constitution, the United States Constitution, state or federal laws, or court orders.
(1) There is established a uniform rate of ad valorem property tax of twenty-five (25) mills to be levied on the assessed value of all taxable real, personal, and utility property in the state to be used solely for maintenance and operation of the schools.
(2) Except as provided in this subsection the uniform rate of tax shall not be an additional levy for maintenance and operation of the schools but shall replace a portion of the existing rate of tax levied by each school district available for maintenance and operation of schools in the school district. The rate of tax available for maintenance and operation levied by each school district on the effective date of this amendment shall be reduced to reflect the levy of the uniform rate of tax. If the rate of tax available for maintenance and operation levied by a school district on the effective date of this amendment exceeds the uniform rate of tax, the excess rate of tax shall continue to be levied by the school district until changed as provided in subsection (c)(1). If the rate of tax available for maintenance and operation levied by a school district on the effective date of this amendment is less than the uniform rate of tax, the uniform rate of tax shall nevertheless be levied in the district.
(3) The uniform rate of tax shall be assessed and collected in the same manner as other school property taxes, but the net revenues from the uniform rate of tax shall be remitted to the State Treasurer and distributed by the state to the school districts as provided by law. No portion of the revenues from the uniform rate of tax shall be retained by the state. The revenues so distributed shall be used by the school districts solely for maintenance and operation of schools.
(4) The General Assembly may by law propose an increase or decrease in the uniform rate of tax and submit the question to the electors of the state at the next general election. If a majority of the electors of the state voting on the issue vote _For_ the proposed increase or decrease in the uniform rate of tax, the uniform rate of tax shall be increased or decreased as approved. If a majority of the electors of the state voting on the issue vote _Against_ the proposed increase or decrease in the uniform rate of tax, the uniform rate of tax shall continue to be levied at the rate for the year in which the election is held.
(C)(1) In addition to the uniform rate of tax provided in subsection (b), school districts are authorized to levy, by a vote of the qualified electors respectively thereof, an annual ad valorem property tax on the assessed value of taxable real, personal, and utility property for the maintenance and operation of schools and the retirement of indebtedness. The Board of Directors of each school district shall prepare, approve and make public not less than sixty (60) days in advance of the annual school election a proposed budget of expenditures deemed necessary to provide for the foregoing purposes, together with a rate of tax levy sufficient to provide the funds therefor, including the rate under any continuing levy for the retirement of indebtedness. The Board of Directors shall submit the tax at the annual school election or at such other time as may be provided by law. If a majority of the qualified voters in the school district voting in the school election approve the rate of tax proposed by the Board of Directors, then the tax at the rate approved shall be collected as provided by law. In the event a majority of the qualified electors voting in the school election disapprove the proposed rate of tax, then the tax shall be collected at the rate approved in the last preceding school election. However, if the rate last approved has been modified pursuant to subsection (b) or (c)(2) of this section, then the tax shall be collected at the modified rate until another rate is approved.
(2) The tax levied by a school district pursuant to subsection (c)(1) of this section may be reduced pursuant to procedures provided by law if the tax would cause the state or district to be out of compliance with any other provision of this Constitution, the United States Constitution, state or federal law, or court order.
(3) No tax levied pursuant to subsection (c)(1) of this section shall be appropriated to any other district than that for which it is levied.
(d) For the purposes of this section, ‘maintenance and operation’ means such expenses for the general maintenance and operation of schools as may be defined by law."
Sec.2. of Amend. 74. Nothing in this Amendment shall be construed to diminish the authority of school districts over the supervision of public schools.
Sec. 3. of Amend. 74. Any provision of the Constitution of the State of Arkansas in conflict with this Amendment is repealed in so far as it is in conflict with this Amendment.
Sec. 4. of Amend. 74. This Amendment shall become effe |
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SEC. 4. The supervision of public schools, and the execution of the laws regulating the same, shall be vested in and confided to, such officers as may be provided for by the general assembly.
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ARTICLE XV
IMPEACHMENT AND ADDRESS
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SECTION 1. The governor and all State officers, judges of the supreme and circuit courts, chancellors and prosecuting attorneys, shall be liable to impeachment for high crimes and misdemeanors, and gross misconduct in office; but the judgment shall go no further than, removal from office and disqualification to hold any office of honor, trust or profit under this State. An impeachment, whether successful or not, shall be no bar to an indictment.
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SEC. 2. The house of representatives shall have the sole power of impeachment. All impeachments shall be tried by the senate. When sitting for that purpose the senators shall be upon oath or affirmation; no person shall be convicted without the concurrence of two-thirds of the members thereof. The chief-justice shall preside, unless lie is impeached or otherwise disqualified, when the senate shall select a presiding officer.
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SEC. 3. The governor, upon the joint address of two-thirds of all the members elected to each house of the general assembly, for good cause, may remove the auditor, treasurer, secretary of state, attorney-general, judges of the supreme and circuit courts, chancellors, and prosecuting attorneys.
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FINANCE AND TAXATION
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SECTION 1. Neither the State, nor any city county, town or other municipality in this State shall ever loan its credit for any purpose whatever; nor shall any county, city, town or other municipality ever issue any interest-bearing evidences of indebtedness; except such bonds as may be authorized by law to provide for, and secure the payment of, the present existing indebtedness; and the State shall never issue any interest-bearing treasury warrants or scrip.
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Amendment 13.
State and Political Subdivisions
(Const., Article. 16, Section 1 Amended)
Neither the State nor any city, county, town or other municipality in the State, shall ever lend its credit for any purpose whatever, nor shall any county, city, town or municipality ever issue any interest-bearing evidences of indebtedness, except such bonds as may be authorized by law to provide for and secure the payment of the indebtedness existing at the time of the adoption of the Constitution of 1874, and the State shall never issue any interest-bearing treasury warrants or scrip.
Provided, that cities of the first and second class may issue by and with the consent of the majority of the qualified electors of said municipality voting on the question at an election held for the purpose, bonds in sums and for the purpose approved by such majority at such election as follows:
For the payment of any indebtedness existing at the time of the adoption of this amendment for the purpose of rights of way for construction of public streets, alleys, and boulevards within the corporate limits of such municipality; for the construction of, widening or straightening of streets, alleys and boulevards within the corporate limits of such municipality; for the purchase, development and improvement of public parks and flying fields located either within or without the corporate limits of such municipality; for the construction of sewers and comfort stations; for the purchase of fire fighting apparatus and fire alarm systems; for the purchase of street cleaning apparatus; for the purchase of sites for, construction of, and equipment of city halls, auditoriums, prisons, libraries, hospitals, public abattoirs, incinerators or garbage disposal plants; for buildings for the housing of fire fighting apparatus; for the construction of viaducts and bridges; and for the purpose of purchasing, extending, improving, enlarging, building, or construction of water works or light plants, and distributing systems therefor.
No bonds issued under the authority of this amendment shall bear a greater rate of interest than six per cent per annum payable either annually or semi-annually; that is to say, the cost to the municipality of interest and discount, on each issue of bonds shall not exceed six per cent per annum, and no bonds issued under the authority of this amendment shall ever be sold except at public sale after twenty days’ advertisement in some newspaper having bona fide circulation in the municipality issuing such bonds.
In order to provide for the payment of the bonds issued under the provisions of this amendment, and interest thereof, a special tax not to exceed five mills may be levied by municipalities on the real and taxable property therein. And any municipality issuing any bonds, shall before or at the time of doing so, levy a direct tax payable annually not exceeding the amount limited as above, sufficient to pay the interest on such bonds as the same matures, and also sufficient to pay and discharge the principal of all such bonds at their respective maturities; provided, that the above limitations of the rate of taxation shall not apply to bonds issued by any municipality for the purpose of acquiring, purchasing, extending, improving, enlarging, building or construction of water works and light plants, but the levy of the special tax of five mills authorized by this amendment having been exhausted, or the balance unlevied being insufficient to pay interest on and retire the proposed bonds, said municipality for the purpose of paying the principal and interest of such water works and light plant bonds, may, as far as required, levy and collect a special tax, in addition to the rate allowed by this amendment of not to exceed five mills on the dollar.
Said bonds shall be serial, maturing annually after three years from the date of issue, and shall be paid off as they mature, and no bonds issued under the authority of this amendment shall be issued for a longer period than thirty-five years.
No municipality shall ever grant financial aid toward the construction of railroads or other private enterprises operated by any person, firm or corporation, and no money raised under the provisions of this amendment by taxation or by sale of bonds for a specific purpose shall ever be used for any other or different purpose.
It shall be the duty of the mayor and city council or other governing body established by law, to exercise supervision over the sale of any bonds, which may be voted by the people at an election held for that purpose and they shall expend economically the funds so provided for the specific purpose for which they were voted.
Said election shall be held at such times as the city council may designate by ordinance, which ordinance shall specifically state the purpose for which the bonds are to be issued, and if for more than one purpose, provisions shall be made in said ordinance for balloting on each separate purpose; which ordinance shall state the sum total of the issue, the date of maturity thereof and shall fix the date of election so that it shall not occur earlier than thirty days after the passage of said ordinance. Said election shall be held and conducted, and the vote thereof canvassed, and the result thereof declared under the law and in the manner now or hereafter provided for municipal elections, so far as the same may be applicable, except as herein otherwise provided. Notice of said election shall be given by the mayor by advertisement weekly for at least four times, in some newspaper published in said municipality and having a bona fide circulation therein; the last publication to be not less than ten days prior to the date of said election.
Qualified voters of said municipality only shall have a right to vote at said election. The result of said election shall be proclaimed by the mayor and the result as proclaimed shall be conclusive unless att |
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Amendment No. 13, which affected Article 16, Section 1 is repealed.
All provisions of the Constitution of 1874, or Amendments thereto in conflict with this Amendment including, but not limited to Amendment Numbers 13, 17, 25, and 49, are hereby repealed.
[Amendment effective November 6, 1984. This is Section 11 of Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas, which also amended Constitutional Amendment Nos. 17, 25, and 49.]
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SEC. 2. The general assembly shall, from time to time, provide for the payment of all just and legal debts of the State.
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SEC. 3. The making of profit out of public moneys, or using the same for any purpose not authorized by law, by any officer of the State, or member or officer of the general assem6ly shall be punishable as may be provided by law; but part, of such punishment shall be disqualification to hold office in this State for a period of five years.
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SEC. 4. The general assembly shall fix the salaries and fees of all officers in the State; and no greater salary or fee than that fixed by law shall be paid to any officer, employé, or other person, or at any rate other than par value; and the number and salaries of the clerks and employés of the different departments of the State shall be fixed by law.
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SEC. 5. All property subject to taxation shall be taxed according to its value; that value to be ascertained in such manner as the general assembly shall direct, making the same equal and uniform throughout the State. No one species of property, from which a tax may be collected I shall be taxed higher than another species of property of equal value: Provided, The general assembly shall have power, from time to time, to tax hawkers, pedlers, ferries, exhibitions and privileges in such manner as may be deemed proper: Provided further, That the following property shall be exempt from taxation: public property used exclusively for public purposes, churches used as such, cemeteries used exclusively as such, school buildings and apparatus, libraries and grounds used exclusively f or school purposes, and buildings and grounds and materials used exclusively for public charity.
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Amendment 59.
(Const., Art. 16, 5 Repealed; 5, 14, 15, 16 Added)
Sec. 5. Property taxed according to value - Procedures for valuation - Tax exemptions.
(a) All real and tangible personal property subject to taxation shall be taxed according to its value, that value to be ascertained in such manner as the General Assembly shall direct, making the same equal and uniform throughout the State. No one species of property for which a tax may be collected shall be taxed higher than another species of property of equal value, except as provided and authorized in Section 15 of this Article, and except as authorized in Section 14 of this Article. The General Assembly, upon the approval thereof by a vote of not less than three-fourths (3/4ths) of the members elected to each house, may establish the methods and procedures for valuation of property for taxation purposes, but may not alter the method of valuation set forth in Section 15 of this Article.
(b) The following property shall be exempt from taxation: public property used exclusively for public purposes; churches used as such; cemeteries used exclusively as such; school buildings and apparatus; libraries and grounds used exclusively for school purposes; and buildings and grounds and materials used exclusively for public charity.
Nothing in this Section shall affect or repeal the provision of Amendment 57 to the Constitution of the State of Arkansas pertaining to intangible personal property. [Added by Const. Amend. 59.]
[Amendment effective November 4, 1980. This is Section 1 of Amendment No. 59 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 3. Supersession of Article 16, Section 5.
The provisions of this amendment shall be in lieu of those provisions of Article 16, Section 5 of the Constitution of the State of Arkansas relating to the assessment and taxation of tangible personal property.
[Amendment effective January 1, 1993. This is Section 3 of Amendment No. 71 according to the numbering method for constitutional amendments used by the state of Arkansas. See the rest of the text of the amendment for superceding provisions.]
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SEC. 6. All laws exempting property from taxation other than as provided in this constitution shall be void.
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SEC. 7. The power to tax corporations and corporate property shall not be surrendered or suspended by any contract or grant to which the State may be a party.
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SEC. 8. The general assembly shall not have power to levy State taxes for any one year to exceed, in the aggregate, 1 per cent. of the assessed valuation of the State for that year.
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SEC. 9. No county shall levy a tax to exceed one-half of 1 per cent. for all purposes; but may levy an additional one-half of 1 per cent. to pay indebtedness existing at the time of the ratification of this constitution.
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SEC. 10. The taxes of counties, towns, and cities shall only be payable in lawful currency of the United States, or the orders or warrants of said counties, towns, and cities, respectively.
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SEC. 11. No tax shall be levied except in pursuance of law, and every law imposing a tax shall state distinctly the object of the same; and no moneys arising from a tax levied for any purpose shall be used for any other purpose.
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SEC. 12. No money shall be paid out of the treasury until the same shall have been appropriated by law, and then only in accordance with said appropriation.
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SEC. 13. Any citizen of any county, city, or town may institute suit in behalf of himself and all others interested, to protect the inhabitants thereof against the enforcement of any illegal exactions whatever.
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No Section Text |
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(Const., Art. 16, 5 Repealed; 5, 14, 15, 16 Added)
Sec. 14. Procedure for adjustment of taxes after reappraisal or reassessment of property.
(a) Whenever a countywide reappraisal or reassessment of property subject to ad valorem taxes made in accordance with procedures established by the General Assembly shall result in an increase in the aggregate value of taxable real and personal property in any taxing unit in this State of ten percent (10%) or more over the previous year the rate of city or town, county, school district, and community college district taxes levied against the taxable real and personal property of each such taxing unit shall, upon completion of such reappraisal or reassessment, be adjusted or rolled back, by the governing body of the taxing unit, for the year for which levied as provided below. The General Assembly shall, by law, establish the procedures to be followed by a county in making a countywide reappraisal or reassessment of property which will, upon completion, authorize the adjustment or rollback of property tax rates or millage, as authorized hereinabove. The adjustment or rollback of tax rates or millage for the "base year" as hereinafter defined shall be designed to assure that each taxing unit will receive an amount of tax revenue from each tax source no greater than ten percent (10%) above the revenues received during the previous year from each such tax source, adjusted for any lawful tax or millage rate increase or reduction imposed in the manner provided by law for the year for which the tax adjustment or rollback is to be made, and after making the following additional adjustments:
(i) By excluding from such calculation the assessed value of, and taxes derived from, tangible personal property assessed in the taxing unit, and all real and tangible personal property of public utilities and regulated carriers assessed in the taxing unit, and
(ii) By computing the adjusted or rollback millage rates on the basis of the reassessed taxable real property for the base year that will produce an amount of revenue no greater than ten percent (10%) above the revenues produced from the assessed value of real property in the taxing unit (after making the aforementioned adjustments for personal properties and properties of public utilities and regulated carriers noted above) from millage rates in effect in the taxing unit during the base year in which the millage adjustment or rollback is to be calculated. Provided, further, that in calculating the amount of adjusted or rollback millage necessary to produce tax revenues no greater than ten percent (10%) above the revenues received during the previous year, the governing body shall separate from the assessed value of taxable real property of the taxing unit, newly-discovered real property and new construction and improvements to real property, after making the adjustments for personal property or property of public utilities and regulated carriers noted above, and shall compute the millage necessary to produce an amount of revenues equal to, but no greater than the base year revenues of the taxing unit from each millage source. Such taxing unit may elect either to obtain an increase in revenues equal to the amount of revenues that the computed or adjusted rollback millage will produce from newly-discovered real property and new construction and improvements to real property, or if the same be less than ten percent (10%), the governing body of the taxing unit may recompute the millage rate to be charged to produce an amount no greater than ten percent (10%) above the revenues collected for taxable real property during the base year.
Provided, however, that the amount of revenues to be derived from taxable personal property assessed in the taxing unit for the base year, other than personal property taxes to be paid by public utilities and regulated carriers in the manner provided herein above, shall be computed at the millage necessary to produce the same dollar amount of revenues derived during the current year in which the base year adjustment or rollback of millage is computed, and the millage necessary to produce the amount of revenues received from personal property taxes received by the taxing unit, for the base year shall be reduced annually as the assessed value of taxable personal property increases until the amount of revenues from personal property taxes, computed on the basis of the current year millage rates will produce an amount of revenues from taxable personal property equal to or greater than received during the base year, and thereafter the millage rates for computing personal property taxes shall be the millage rates levied for the current year.
Provided, however, that the taxes to be paid by public utilities and regulated carriers in the respective taxing units of the several counties of this State during the first five (5) calendar years in which taxes are levied on the taxable real and personal property as reassessed and equalized in each of the respective counties as a part of a statewide reappraisal program, shall be the greater of the following:
(1) The amount of taxes paid on property owned by such public utilities or regulated carriers in or assigned to such taxing unit, less adjustments for properties disposed of or reductions in the assessed valuation of such properties in the base year as defined below, or
(2) The amount of taxes due on the assessed valuation of taxable real and tangible personal property belonging to the public utilities or regulated carriers located in or assigned to the taxing unit in each county at millage rates levied for the current year.
As used herein, the term "base year" shall mean the year in which a county completes reassessment and equalization of taxable real and personal property as a part of a statewide reappraisal program, and extends the adjusted or rolled back millage rates for the first time, as provide |
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(Const., Art. 16, 5 Repealed; 5, 14, 15, 16 Added)
Sec. 15. Assessment of residential property and agricultural, pasture, timber, residential and commercial land.
(a) Residential property used solely as the principal place of residence of the owner thereof shall be assessed in accordance with its value as a residence, so long as said property is used as the principal place of residence of the owner thereof, and shall not be assessed in accordance with some other method of valuation until said property ceases to be used for such residential purpose.
(b) Agricultural land, pasture land, timber land, residential and commercial land, excluding structures thereon, used primarily as such, shall be valued for taxation purposes under the provisions of Section 5 of this Article, upon the basis of its agricultural, pasture, timber, residential, or commercial productivity or use, and when so valued, such land shall be assessed at the same percentum of value and taxed at the same rate as other property subject to ad valorem taxes.
(c) The General Assembly shall enact laws providing for the administration and enforement [enforcement] of this Section and for the imposition of penalties for violations of this Section, or statutes enacted pursuant thereto. [Added by Const. Amend. 59.]
[Amendment effective November 4, 1980. This is Section 3 of Amendment No. 59 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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No Section Text |
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(Const., Art. 16, 5 Repealed; 5, 14, 15, 16 Added)
Sec. 16. Providing for exemption of value of residence of person 65 or over.
The General Assembly, upon approval thereof by a vote of not less than three-fourths (3/4ths) of the members elected to each house, may provide that the valuation of real property actually occupied by its owner as a residence who is sixty-five (65) years of age, or older, may be exempt in such amount as may be determined by law, but no greater than the first Twenty Thousand Dollars ($20,000) in value thereof, as a homestead from ad valorem property taxes. [Added by Const. Amend. 59.]
[Amendment effective November 4, 1980. This is Section 4 of Amendment No. 59 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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ARTICLE XVII
RAILROADS, CANALS, AND TURNPIKES
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SECTION1. All railroads, canals, and turnpikes shall be public highways, and all railroad and canal companies shall be common carriers. Any association or corporation, organized for the purpose, shall have the right to construct and operate a railroad between any points within this State, and to connect at the State line with railroads of other States. Every railroad company shall have the right with its road to intersect connect with, or cross any other road and shall receive and transport each the other's passengers, tonnage, and cars, loaded or empty, without delay or discrimination.
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SEC. 2. Every railroad, canal, or turnpike corporation operated or partly operated in this State, shall maintain one office therein, where transfers of its stock shall be made, and where its books shall be kept for inspection by any stockholder or creditor of such corporation; in which shall be recorded the amount of capital stock subscribed or paid in, and the amounts owned by them, respectively, the transfer of said stock, and the names and the places of residence of the officers.
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SEC. 3. All individuals, associations, and corporations shall have equal right to have persons and property transported over railroads, canals, and turnpikes; and no undue or unreasonable discrimination shall be made in charges for or in facilities for transportation of freight or passengers within the State, or coming from or going to any other State. Persons and property transported over any railroad shall be delivered at any station at charges not exceeding the charges for transportation of persons and property of the same class, in the same direction, to any more distant station. But excursion and commutation tickets may be issued at special rates.
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SEC. 4. No railroad, canal, or other corporation, or the lessees, purchasers, or managers of any railroad, canal, or corporation shall consolidate the stock, property, or franchises of such corporation with, or lease, or purchase the works or franchises of, or in any way control any other railroad or canal corporation owning or having under its control a parallel or competing line, nor shall any officer of such railroad or canal corporation act as an officer of any other railroad or canal corporation, owning or having control of a parallel or competing line; and the question whether railroads or canals are parallel or competing lines shall, when demanded by the party complainant, be decided by a jury as in civil issues.
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SEC. 5. No president, director, officer, agent or employé of any railroad or canal company, shall be interested, directly or indirectly, in the furnishing of material or supplies to such company, or in the business of transportation as a common carrier of freight or passengers over the works owned, leased, controlled or worked by such company. Nor in any arrangement which shall afford more advantageous terms, or greater facilities than are offered or accorded to the public. And all contracts and arrangements in violation of this section shall be void.
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SEC. 6. No discrimination in charges, or facilities for transportation, shall be made between transportation companies and individuals, or in favor of either by abatement, drawback or otherwise, and no railroad or canal company, or any lessee, manager or employé thereof, shall make any preferences in furnishing cars or motivepower.
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SEC. 7. The general assembly shall prevent, by law the granting free passes by any railroad or transportation company to any over of this State, legislative, executive or judicial.
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SEC. 8. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, or alter or amend the same, or pass any general or special law for the benefit of such corporation, except on condition that such corporation shall thereafter hold its charter, subject to the provisions of this constitution.
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SEC. 9. The exercise of the right of eminent domain shall never be abridged or so construed as to prevent the general assembly from taking the property and franchises of incorporated companies and subjecting them to public use, the same as the property of individuals.
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SEC. 10. The General Assembly shall pass laws to correct abuses, and prevent unjust discrimination and excessive charges by railroad, canal and turnpike companies for transporting freight and passengers, and shall provide for enforcing such laws by adequate penalties and forfeitures.
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Amendment 2.
(Const., Art.17, 10 Amended).
Sec. 10. Regulation of carriers.
The General Assembly shall pass laws to correct abuses and prevent unjust discrimination and excessive charges by railroads, canals and turnpike companies for transporting freight and passengers, and shall provide for enforcing such laws by adequate penalties and forfeitures, and shall provide for the creation of such offices and commissions and vest in them such authority as shall be necessary to carry into effect the powers hereby conferred.
[Amendment effective January 13, 1889. This is Amendment No.2 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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SEC. 11. That rolling-stock and all other movable property belonging to any railroad company or corporation in this State shall be considered personal property, and shall be liable to execution and sale, in the same manner as the personal property of individuals; and the general assembly shall pass no law exempting any such property from execution and sale.
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SEC. 12. All railroads, which are now or may be hereafter built and operated; either in whole or in art, in this State, shall be responsible for all damages to persons and property, under such regulations as may, be prescribed by the general assembly.
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SEC. 13. The directors of every railroad corporation shall annually make a report under oath to the auditor of public accounts, of all their acts and doings; which reports shall include such matters relating to railroads as may be prescribed by law; and the general assembly shall pass laws enforcing by suitable penalties, the provisions of this section.
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ARTICLE XVIII
JUDICIAL CIRCUITS
Until otherwise provided by the General Assembly, the judicial circuits shall be composed of the following counties:
First--Phillips, Lee, Saint Francis, Prairie, Woodruff, White and Monroe.
Second-Mississippi, Crittenden, Cross, Poinsett, Craighead, Greene, Clayton and Randolph.
Third-Jackson, 1ndependence, Lawrence, Sharp, Fulton, Izard, Stone and Baxter.
Fourth-Marion, Boone, Searcy, Newton, Madison, Carroll, Benton and Washington.
Fifth-Pope, Johnson, Franklin, Crawford, Sebastian, Sarber and Yell.
Sixth-Lonoke, Pulaski, Van Buren and Faulkner.
Seventh-Grant, Hot Spring, Garland, Perry, Saline and Conway.
Eighth-Scott, Montgomery, Polk, Howard, Sevier, Little River, Pike and Clark.
Ninth-Hempstead, Lafayette, Nevada, Columbia, Union, Ouachita, and Calhoun.
Tenth-Chicot, Drew, Ashley, Bradley, Dorsey, and Dallas.
Eleventh-Desha, Arkansas, Lincoln, and Jefferson.
Until otherwise provided by the general assembly, the circuit courts shall be begun and held in the several counties as follows:
FIRST CIRCUIT
White-First Monday in February and August.
Woodruff-Third Monday in February and August.
Prairie-Second Monday after the third Monday in February and August.
Monroe-Sixth Monday after the third Monday in February and August.
Saint Francis-Eighth Monday after the third Monday in February and August.
Lee-Tenth Monday after the third Monday in February and August.
Phillips--Twelfth Monday after the third Monday in February and August.
SECOND CIRCUIT
Mississippi-First Monday in March and September.
Crittenden-Second Monday in March and September.
Cross-Second Monday after the second Monday in March and September.
Poinsett-Third Monday after the second Monday in March and September.
Craighead-Fourth Monday after the second Monday in March and September.
Greene-Sixth Monday after the second Monday in March and September:
Clayton-Seventh Monday after the second Monday in March and September.
Randolph-Ninth Monday after the second Monday in March and September.
THIRD CIRCUIT
Jackson-First Monday in March and September.
Lawrence-Fourth Monday in March and September.
Sharp-Second Monday after the fourth Monday in March and September.
Fulton-Fourth Monday after the fourth Monday in March and September.
Baxter-Sixth Monday after the fourth Monday in March and September.
Izard-Seventh Monday after the fourth Monday in March and September.
Stone-Ninth Monday after the fourth Monday in March and September.
Independence-Tenth Monday after the fourth Monday in March and September.
FOURTH CIRCUIT
Marion-Second Monday in February and August.
Boone-Third Monday in February and August.
Searcy-Second Monday after the third Monday in February and August.
Newton-Third Monday after the third Monday in February and August.
Carroll-Fourth Monday after the third Monday in February and August.
Madison-Fifth Monday after the third Monday in February and August.
Benton-Sixth Monday after the third Monday in February and August.
Washington-Eighth Monday after the third Monday in February
FIFTH CIRCUIT
Greenwood district, Sebastian County-Third Monday in February and August.
Fort Smith district, Sebastian County-First Monday after the fourth Monday in February and August.
Crawford County-Fourth Monday after the fourth Monday in February and August.
Franklin County-Sixth Monday after the fourth Monday in February and August.
Sarber County-Eighth Monday after the fourth Monday in February and August.
Yell County-Tenth Monday after the fourth Monday in February and August.
Pope County-Twelfth Monday after the fourth Monday in February and August.
Johnson County-Fourteenth Monday after the fourth Monday in February and August.
SIXTH CIRCUIT
In the county of Pulaski on the first Monday in February, and continue twelve weeks if the business of said court require it.
In the county of Lonoke on the first Monday succeeding the Pulaski court, and continue two weeks if the business of said court require it.
In the county of Faulkner on the first Monday after the Lonoke court, and continue two weeks if the business of said court require it.
In the county of Van Buren on the first Monday after the Faulkner court, and continue two weeks if the business of said court require it.
FALL TERM, SIXTH CIRCUIT
In the county of Pulaski on the first Monday in October, and continue seven weeks if the business of said court require it.
In the county of Lonoke on the first Monday next after the Pulaski court, and continue two weeks if the business of said court require it.
In the county of Faulkner on the first Monday after the Lonoke court, and continue one week if the business of said court require it.
In the county of Van Buren on the first Monday after the Faulkner court, and continue one week if the business of said court require it.
SEVENTH CIRCUIT
Hot Spring-Second Monday in March and September.
Grant-Third Monday in March and September.
Saline-Fourth Monday in March and September.
Conway-Second Monday after fourth Monday in March and September.
Perry-Fourth Monday after the fourth Monday in March and September.
Garland-Fifth Monday after the fourth Monday in March and September.
EIGHTH CIRCUIT
Montgomery-First Monday in February and August.
Scott-First Monday after the first Monday in February and August.
Polk-Second Monday after the first Monday in February and August.
Sevier-Third Monday after the first Monday in February and August.
Little River-Fifth Monday after the first Monday in February and August.
Howard-Seventh Monday after the first Monday in February and August.
Pike-Eighth Monday after the first Monday in February and August.
Clark-Ninth Monday after the first Monday in February and August.
NINTH CIRCUIT
Calhoun-First Monday in March and September.
Union-Second Monday after the first Monday in March and September.
Columbia-Fourth Monday after the first Mond |
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ARTICLE XIX
MISCELLANEOUS PROVISIONS
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SECTION 1. No person who denies the being of a God shall hold any office in the civil departments of this State, nor be competent to testify as a witness in any court.
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SEC. 2. No person who may hereafter fight a duel, assist in the same as second, or send, accept, or knowingly carry a challenge therefor, shall hold any office in the State for a period of ten years; and may be otherwise punished as the law may prescribe.
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SEC. 3. No person shall be elected to or appointed to fill a vacancy in any office who does not possess the qualifications of an elector.
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SEC. 4. All civil officers for the State at large shall reside within the State, and all district, county, and township officers within their respective districts, counties, and townships, and shall keep their offices at such places therein as are now, or may hereafter be, required by law.
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SEC. 5. All officers shall continue in office after the expiration of their official terms until their successors are elected and qualified.
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SEC. 6. No person shall hold or perform the duties of more than one office in the same department of the government at the same time, except as expressly directed or permitted by this constitution.
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SEC. 7. Absence on business of the State, or of the United States, or on a visit, or on necessary private business, shall not cause a forfeiture of residence once obtained.
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SEC. 8. It shall be the duty of the general assembly to regulate by law in what cases and what deductions from the salaries of public officers shall be made for neglect of duty in their official capacity.
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SEC. 9. The general assembly shall have no power to create any permanent State office not expressly provided for by this constitution.
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SEC. 10. Returns for all elections for officers who are to be commissioned by the governor, and for members of the general assembly, except as otherwise provided by this constitution, shall be made to the secretary of state.
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SEC. 11. The governor, secretary of state, auditor, treasurer, attorney-general, judges of the supreme court, judges of the circuit court, commissioner of State lands, and prosecuting attorneys shall each receive a salary to be established by law, which shall not be increased or diminished during their respective terms, nor shall any of them, except the prosecuting attorneys, after the adoption of this constitution, receive to his own use any fees, costs, perquisites of office, or other compensation; and all fees that may hereafter be payable by law, for any service performed by any officer mentioned in this section, except prosecuting attorneys, shall be paid in advance into the State treasury: Provided, That the salaries of the respective officers herein mentioned shall never exceed per annum for governor, the sum of $4,000; for Secretary of state, the sum of $2,500; for treasurer of state, the sum of $3,000; for auditor of state, the sum of $3,000; for attorney-general, the sum of $2,500; for commissioner of State lands, the sum of $2,500; for judges of the supreme court, each, the sum of $4,000; for judges of the circuit courts and chancellors, each, the sum of $3,000; for prosecuting attorneys, the sum of $400: And provided further, That the general Assembly shall provide for no increase of salaries of its members which shall take effect before the meeting of the next general assembly.
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SEC. 12. An accurate and detailed statement of the receipts and expenditures of the public money, the several amounts paid, to whom and on what account, shall, from time to time, be published as may be prescribed by law.
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SEC. 13. All contracts for a greater rate of interest than 10 per centum per annum shall be void, as to principal and interest, and the general assembly shall prohibit the same by law; but when no rate of interest is agreed upon the rate shall be 6 per centum per annum.
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Amendment 60.
(Const., Art. 19, Sec. 13 Amended)
Sec. 13. Maximum lawful rates of interest.
(a) General Loans:
(i) The maximum lawful rate of interest on any contract entered into after the effective date hereof shall not exceed five percent (5%) per annum above the Federal Reserve Discount Rate at the time of the contract.
(ii) All such contracts having a rate of interest in excess of the maximum lawful rate shall be void as to the unpaid interest. A person who has paid interest in excess of the maximum lawful rate may recover, within the time provided by law, twice the amount of interest paid. It is unlawful for any person to knowingly charge a rate of interest in excess of the maximum lawful rate in effect at the time of the contract, and any person who does so shall be subject to such punishment as may be provided by law.
(b) Consumer Loans and Credit Sales: All contracts for consumer loans and credit sales having a greater rate of interest than seventeen percent (17%) per annum shall be void as to principal and interest and the General Assembly shall prohibit the same by law.
(c) Definitions: As used herein, the term:
(i) "Consumer Loans and Credit Sales" means credit extended to a natural person in which the money, property, or service which is the subject of the transaction is primarily for personal, family or household purposes.
(ii) "Federal Reserve Discount Rate" means the Federal Reserve Discount Rate on ninety-day commercial paper in effect in the Federal Reserve Bank in the Federal Reserve District in which Arkansas is located.
(d) Miscellaneous:
(i) The rate of interest for contracts in which no rate of interest is agreed upon shall be six percent (6%) per annum.
(ii) The provisions hereof are not intended and shall not be deemed to supersede or otherwise invalidate any provisions of federal law applicable to loans or interest rates including loans secured by residential real property.
(iii) The provisions hereof revoke all provisions of State law which establish the maximum rate of interest chargeable in the State or which are otherwise inconsistent herewith. [As amended by Const. Amend. 60.]
[Amendment effective November 2, 1982. This is Amendment No. 60 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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SEC. 14. No lottery shall be authorized by this State, nor shall the sale of lottery-tickets be allowed.
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SEC. 15. All stationery, printing, paper, fuel, for the use of the General Assembly and other departments of government, shall be furnished, and the printing, binding and distributing of the laws, journals,. department reports, and all other printing and binding, and the repairing and furnishing the halls and rooms used for the meetings of the general assembly and its committees, shall be performed under contract, to be given to the lowest responsible bidder, below such maximum price and under such regulations as shall be prescribed by law. No member or officer of any department of the government shall in any way be interested in such contracts, and all such contracts shall be subject to the approval of the governor, auditor and treasurer.
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Sec. 2.– Repealed Art. 19 Sec. 15
[Amendment effective November 5, 1974. This is Section 2 of Amendment No. 54 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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SEC. 16. All contracts for erecting or repairing public buildings or bridges in any county, or for materials therefor; or for providing for the care and keeping of paupers, where there are no almshouses, shall be given to the lowest responsible bidder, under such regulations as may be provided by law.
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SEC. 17. The laws of this State, civil and criminal, shall be revised, digested, arranged, published and promulgated at such times, and in such manner as the general assembly may direct.
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SEC. 18. The general assembly, by suitable enactments, shall require such appliances and means to be provided and used, as may be necessary to secure, as far as possible, the lives, health and safety of persons employed in. mining, and of persons traveling upon railroads, and by other public conveyances, and shall provide for enforcing such enactments by adequate pains and penalties.
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SEC. 19. It shall be the duty of the general assembly to provide by law, for the support of institutions for the education of the deaf and dumb, and of the blind; and also for the treatment of the insane.
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SEC. 20. Senators and representatives, and all judicial and executive, State and county officers, and all other officers, both civil and military, before entering on the duties of their respective offices, shall take and subscribe to the following oath or affirmation: “ I, --, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the constitution of the State of Arkansas, and that I will faithfully discharge the duties of the office of --, upon which I am now about to enter.”
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SEC. 21. The sureties upon the official bonds of all State officers shall be residents of, and have sufficient property within, the State, not exempt from sale under execution, attachment or other process of any court, to make good their bonds, and the sureties upon the official bonds of all county officers shall reside within the counties where such officers reside, and shall have sufficient property therein, not exempt from such sale, to make good their bonds.
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Amendment 4.
(Const., Art. 19, 21 Amended).
Sec. 21. Sureties on official bonds - Qualifications - Bonding companies.
The sureties upon the official bonds of all State officers shall be residents of, and have sufficient property within the State, not exempt from sale under execution, attachment or other process of any court, to make good their bonds and the sureties upon the official bonds of all county officers shall reside within the counties where such officers reside, and shall have sufficient property therein, not exempt from such sale, to make good their bonds. Provided, however, that any surety, bonding or guaranty company, organized for the purpose of doing a surety or bonding business, and authorized to do business, in this State, may become surety on the bonds of all State, county and municipal officers under such regulations as may be prescribed by law.
[Amendment effective January 17, 1901. This is Amendment No. 4 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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SEC. 22. Either branch of the general assembly, at a regular session thereof, may propose amendments to this constitution; and if the same be agreed to by a majority of all the members elected to each house, such proposed amendments shall be entered on the journals with the yeas and nays, and published in at least one newspaper in each county, where a newspaper is published, for six months immediately preceding the next general election for senators and representatives, at which time the same shall be submitted to the electors of the State for approval or rejection, and if a majority of the electors voting at such election adopt such amendments the same shall become a part of this constitution. But no more than three amendments shall be proposed or submitted at the same time. They shall be so submitted as to enable the electors to vote on each amendment separately.
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SEC. 23. No officer of this State, nor of any county, city, or town, shall receive, directly or indirectly, for salary, fees, and perquisites, more than five thousand dollars net profit per annum in par funds, and any and all sums in excess of this amount shall be paid into the State, county, city, or town treasury, as shall hereafter be directed by appropriate legislation.
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Section 23 of Article 19 is repealed.
[Amendment effective November 7, 1976. This is Section 5 of Amendment No. 56 according to the numbering method for constitutional amendments used by the state of Arkansas, which also repealed Constitutional Amendments Nos. 37 and 48 .]
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SEC. 24. The general assembly shall provide by law the mode of contesting elections in cases not specifically provided for in this constitution.
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SEC. 25. The present seal of the State shall be and remain the seal of the State of Arkansas until otherwise provided by law, and shall be kept and used as provided in this constitution.
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SEC. 26. Militia officers, and officers of the public schools, and notaries may be elected to fill any executive or judicial office.
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SEC. 27. Nothing in this constitution shall be so construed as to prohibit the general assembly from authorizing assessments on real property for local improvement, in towns and cities, under such regulations as may be prescribed by law; to be based upon the consent of the majority in value of the property-holders owning property adjoining the locality to be effected; but such assessments shall be ad valorem and uniform.
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Article 20.0 created by amendment 1 |
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Amendment 1.
[This Amendment added Article 20, this text of which is:]
Article 20.
"Holford" Bonds
The General Assembly shall have no power to levy any tax, or make any appropriations, to pay either the principal or interest, or any part thereof, of any of the following bonds of the State, or the claims, or pretended claims, upon which they may be based, to wit: Bonds issued under an act of the General Assembly of the State of Arkansas, entitled "An act to provide for the funding of the public debt of the State," approved April 6th, A. D. 1869, and numbered from four hundred and ninety-one to eighteen hundred and sixty, inclusive, being the "funding bonds," delivered to F. W. Caper, and sometimes called "Holford bonds"; or bonds known as railroad aid bonds, issued under an act of the General Assembly of the State of Arkansas, entitled, "An act to aid in the construction of railroads," approved July 21, A. D. 1868; or bonds called "levee bonds," being bonds issued under an act of the General Assembly of the State of Arkansas, entitled, "An act providing for the building and repairing the public levees of the State, and for other purposes," approved March 16, A. D. 1869, and the supplemental act thereto, approved April 12, 1869; and the act entitled, "An act to amend an act entitled an act providing for the building and repairing of the public levees of this State," approved March 23, A. D. 1871, and any law providing for any such tax or appropriation, shall be null and void.
[Addition effective January 14, 1885. This is Amendment No.1 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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SCHEDULE
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SECTION 1. All laws now in force, which are not in conflict or inconsistent with this constitution, shall continue in force until amended or repealed by the general assembly, and all laws exempting property from sale on execution, or by decree of a court, which were in force at the time of the adoption of the constitution of 1868, shall remain in force with regard to contracts made before that time. Until otherwise provided by law, no distinction shall exist between sealed and unsealed instruments, concerning contracts between individuals, executed since the adoption of the constitution of 1868: Provided, That the statutes of limitation with regard to sealed and unsealed instruments, in force at that time, continue to apply to all instruments afterwards executed, until altered or repealed.
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SEC. 2. In civil actions no witness shall be excluded because he is a party to the suit, or interested in the issue to be tried: Provided, That in actions by or against executors, administrators, or guardians, in which judgment may be rendered for or against them, neither party shall be allowed to testify against the other as to any transactions with or statements of the testator, intestate, or ward, unless called to testify thereto by the opposite party: Provided, further, That this section may be amended or repealed by the general assembly.
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SEC. 3. An election shall be held at the several election precincts of every county in the State, on Tuesday, the thirteenth day of October, 1874, for governor, secretary of state, auditor, treasurer, attorney-general, commissioner of State lands, (for two years, unless the office is sooner abolished by the general assembly,) chancellor and clerk of the separate chancery court of Pulaski County, chief-justice, and two associate justices of the supreme court, a circuit judge and prosecuting attorney for each judicial circuit provided for in this constitution, senators and representatives to the general assembly, all county and township officers provided for in this constitution; and also for the submission of this constitution to the qualified electors of the State, for its adoption or rejection.
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SEC. 4. The qualification of voters at the election, to be held as provided in this schedule, shall be the same as is now prescribed by law.
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SEC. 5. The State board of supervisors hereinafter mentioned shall give notice of said election immediately after the adoption of this constitution by this convention, by proclamation in at least two newspapers published at Little Rock, and such other newspapers as they may select. And each county board of supervisors shall give public notice, in their respective counties, of said election, immediately after their appointment.
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SEC. 6. The Governor shall also issue a proclamation enjoining upon all peace-officers the duty of preserving good order on the day said election, and preventing any disturbance of the same.
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SEC. 7. Augustus H. Garland, Gordon N. Peay, and Dudley E. Jones are hereby constituted a State board of supervisors of said election, who shall take an oath faithfully and impartially to discharge the duties of their office, a majority of whom shall be a quorum, and who shall perform the duties herein assigned them. Should a vacancy occur in said board by refusal to serve, death, removal, resignation or otherwise, or if any member should become incapacitated from performing said duties, the remaining members of the board shall fill the vacancy by appointment. But if all the places on said board become vacant at the same time, the said vacancies shall be filled by the president of this convention.
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SEC. 8. Said State board shall at once proceed to appoint a board of election-supervisors for each county of this State, consisting of three men of known intelligence and uprightness of character, who shall take the same oath as above provided for the State board. A majority of each board shall constitute a quorum, and shall perform the duties herein assigned to them; and vacancies occurring in the county boards shall be filled by the State board.
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SEC. 9. The State board shall provide the form of poll-books, and each county board shall furnish the judges of each election precinct with three copies of the poll-books in the form prescribed; and with ballot-boxes, at the expense of the county.
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SEC. 10. The State board of supervisors shall cause to be furnished in pamphlet form a sufficient number of copies of this constitution to supply each county supervisor and judge of election with a copy, and shall forward the same to the county election boards for distribution.
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SEC. 11. The boards of county election supervisors shall at once proceed to appoint three judges of election for each election precinct in their respective counties, and the judges shall appoint three election-clerks for their respective precincts, all of whom shall be good, competent men, and take an oath as prescribed above. Should the judges of any election precinct fail to attend at the time and place provided by law, or decline to act, the assembled electors shall choose competent persons, in the manner provided by law, to act in their place, who shall be sworn as above.
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SEC. 12. Said election shall be conducted in accordance with existing laws, except as herein provided. As the electors present themselves at the polls to vote, the judges of the election shall pass upon their qualifications, and the clerks of the election shall register their names on the poll-books if qualified; and such registration by said clerks shall be a sufficient registration in conformity with the Constitution of this State, and then their votes shall be taken.
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SEC. 13. Each elector shall have written or printed on his ticket “ For constitution,” or “Against constitution,” and also the offices and the names of the candidates for the offices, for whom he desires to vote.
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SEC. 14. The judges shall deposit the tickets in the ballot-box; but no elector shall vote outside of the township or ward in which he resides. The names of the electors shall be numbered, and the corresponding numbers shall be placed on the ballots by the judges when deposited.
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SEC. 15. All dram-shops and drinking-houses in this State, shall be closed during the day of said election, and the succeeding night; and any person selling or giving away intoxicating liquors during said day or night, shall be punished by fine not less than two hundred dollars, for each and every offence, or imprisoned not less than six months, or both.
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SEC. 16. The polls shall be opened at eight o'clock in the forenoon, and shall be kept open until sunset. After the polls are closed the ballots shall be counted by the judges at the place of voting, as soon as the polls are closed, unless prevented by violence or accident; and the results by them certified on the poll-books, and the ballots sealed up. They shall be returned to the county board of election supervisors, who shall proceed to cast up the votes and ascertain and state the number of votes cast for the constitution, and the number cast against the constitution, and also the number of votes cast for each candidate voted for, for any office, and shall forthwith forward to the State board of supervisors, duly certified by them, one copy of the statement or abstracts of the votes so made out by them, retain one copy in their possession, and file one copy in the office of the county clerk, where they shall also deposit for safe-keeping the ballots sealed up, and one copy of the poll-books, retaining possession of the other copies.
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SEC. 17. The State board of supervisors shall at once proceed, on receiving such returns from the county boards, to ascertain therefrom and state the whole number of votes given for the constitution, and the whole number given against it; and if a majority of all votes cast be in favor of the constitution, they shall at once make public that fact by publication in two or more of the leading newspapers published in the city of Little Rock, and this constitution, from that date shall be in force; and they shall also make out and file in the office of the secretary of state an abstract of all the votes cast for the constitution, and all the votes cast against it; and also an abstract of all votes cast for every candidate voted for at the election, and file the same in the office of the secretary of state, showing the candidates elected. They shall also make out and certify, and lay before each house of the general assembly a list of the members elected to that house; and shall also make out, certify and deliver to the speaker of the house of representatives, an abstract of all votes cast at the election for any and all persons for the office of governor, secretary of state, treasurer of state, auditor of state, attorney-general, and commissioner of State lands, and the said speaker shall cast up the votes, and announce the names of the persons elected to these offices. The governor, secretary of state, treasurer of state, Auditor of state, attorney-general, and commissioner of State lands, chosen at said election, shall qualify and enter upon the discharge of the duties of their respective offices within fifteen days after the announcement of their election as aforesaid.
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SEC. 18. All officers shown to be elected by the abstract of said election filed by the State board of supervisors in the office of the secretary of state, required by this Constitution to be commissioned, shall be commissioned by the governor.
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SEC. 19. At said election the qualified voters of each county and senatorial district as defined in article eight of this constitution, shall elect respectively representatives and senators according to the numbers and apportionment contained in said article. The board of election supervisors of each county shall furnish certificates of election to the person or persons elected to the house of representatives as soon as practicable after the result of the election has been ascertained, and such board of election supervisors in each county shall make a correct return of the election for senator or senators to the board of election supervisors of the county first named in the senatorial apportionment, and said board shall furnish certificates of election to the person or persons elected as Senator or Senators in said senatorial district as soon as practicable.
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SEC. 20. All officers elected under this Constitution, except the Governor, Secretary of state, auditor of state, treasurer, attorney-general and commissioner of State lands, shall enter upon the duties of their several offices when they shall have been declared duly elected by said State board of supervisors, and shall have duly qualified. All such officers shall qualify and enter upon the duties of their offices within fifteen days after they have been duly notified of their election.
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SEC. 21. Upon the qualification of the officers elected at said election, the present incumbents of the offices for which the election is held shall vacate the same, and turn over to the officers thus elected and qualified, all books, papers, records, moneys, and documents belonging or pertaining to said offices by them respectively held.
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SEC. 22. The first session of the general assembly under this constitution shall commence on the first Tuesday after the second Monday in November, eighteen hundred and seventy-four.
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SEC. 23. The county courts provided for in this constitution shall be regarded in law, as a continuation of the boards of supervisors now existing by law, and the circuit courts shall be regarded in law as continuations of the criminal courts wherever the same may have existed in their respective counties; and the probate courts shall be regarded as continuations of the circuit courts for the business within the jurisdiction of such probate courts, and the papers and records pertaining to said courts and jurisdictions shall be transferred accordingly; and no suit or prosecution of any kind shall abate because of any change made in this constitution.
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SEC. 24. All officers now in office, whose offices are not abolished by this convention, shall continue in office and discharge the duties imposed on them by law until their successors are elected and qualified under this constitution. The office of commissioner of State lands shall be continued: Provided, That the general assembly at its next session may abolish or continue the same in such manner as may be prescribed by law.
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SEC. 25. Any election officer, appointed under the provisions of this schedule, who shall fraudulently and corruptly permit any person to vote illegally, or refuse the vote of any qualified elector, cast up or make a false return of said election, shall be deemed guilty of a felony, and on conviction thereof shall be imprisoned in the penitentiary not less than five years nor more than ten years. And any person who shall vote when not a qualified elector, or vote more than once, or bribe any one to vote contrary to his wishes, or intimidate or prevent any elector by threats, menace, or promises from voting, shall be guilty of a felony, and upon conviction thereof shall be imprisoned in the penitentiary not less than one nor more than five years.
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SEC. 26. All officers elected at the election provided for in this schedule shall hold their offices for the respective periods provided for in the foregoing constitution, and until their successors are elected and qualified. The first general elections after the ratification of this constitution shall be held on the first Monday of September, A. D. 1876. Nothing in this constitution and the schedule thereto shall be so construed as to prevent the election of Congressmen at the time as now prescribed by law.
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SEC. 27. The sum of five thousand dollars is hereby appropriated, out of any money in the treasury not otherwise appropriated, to defray the expenses of the election provided for in this schedule, and the auditor of state shall draw his warrants on the treasurer for such expenses, not exceeding said amount, on the certificate of the State board of supervisors of election.
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SEC. 28. For the period of two years from the adoption of this constitution, and until otherwise provided by law, the respective officers herein enumerated shall receive for their services the following salaries per annum:
For governor, the sum of $3,500; for secretary of state, the sum of $2,000; for treasurer, the sum of $2,500; for auditor, the sum of $2 500; for attorney-general, the sum of $2,000; for commissioner of State lands, the sum of $2,000; for judges of supreme court, each the sum of $3,500; for judges of circuit and chancery courts, each the sum of $2,500; for prosecuting attorneys, each the sum of $400; for members of the general assembly, the sum of $6 per day, and 20 cents per mile for each mile travelled in going to and returning from the seat of government, over the most direct and practicable route.
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G. D. ROYSTON, President.
Attest:
THOS. W. NEWTON, Secretary.
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Article 9903.0 created by amendment 3 |
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No Section Text |
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Amendment 3.
County Road Tax.
The country courts of the State in their respective counties, together with a majority of the justices of the peace of such county, in addition to the amount of county tax allowed to be levied, shall have the power to levy not exceeding three mills on the dollar on all taxable property of their respective counties, which shall be known as the County Road Tax, and when collected shall be used in the respective counties for the purpose of making and repairing public roads and bridges of the respective counties, and for no other purpose, and shall be collected in United States currency or county warrants legally drawn on such road tax fund, if a majority of the qualified electors of such county shall have voted public road tax at the general election for State and county officers preceding such levy at each election.
[Amendment adopted January 13, 1899. This is Amendment No. 3 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9906.0 created by amendment 8 |
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No Section Text |
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Sec. 3. Election of Governor and Lieutenant Governor.
The Governor and Lieutenant Governor shall be elected at the times and places of choosing members of the Assembly. The persons respectively having the highest number of votes for Governor and Lieutenant Governor shall be elected, but in case two or more shall have an equal and the highest number of votes for Governor, or for Lieutenant Governor, the two houses of the Legislature, at the next annual session shall forthwith, by joint ballot, choose one of the said persons so having an equal and the highest number of votes for Governor or Lieutenant Governor.
[Amendment effective September, 1915. This is Section 3 of Amendment No. 6 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 4. Lieutenant Governor acting as Governor.
In case of the impeachment of the Governor, or his removal from office, death, inability to discharge the powers and duties of the said office, resignation or absence from the State, the powers and duties of the office, shall devolve upon the Lieutenant Governor for the residue of the term, or until the disability shall cease. But when the Governor shall, with the consent of the Legislature, be out of the State, in time of war, at the head of a military force thereof, he shall continue commander-in-chief of all the military force of the State. [See Bryant v. English, 311 Ark. 187 (1992)]
[Amendment effective September, 1915. This is Section 4 of Amendment No. 6 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 5. Qualifications and duties of Lieutenant Governor - Succession to the governorship.
The Lieutenant Governor shall possess the same qualifications of eligibility for the office as the Governor. He shall be President of the Senate, but shall have only a casting vote therein in case of a tie vote. If during a vacancy of the office of Governor, the Lieutenant Governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office or be absent from the State, the President of the Senate shall act as Governor until the vacancy be filled or the disability shall cease; and if the President of the Senate for any of the above causes shall become incapable of performing the duties pertaining to the office of Governor, the Speaker of the Assembly shall act as Governor until the vacancy be filled or the disability shall cease.
[Amendment effective September, 1915. This is Section 5 of Amendment No. 6 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 6. Salary of Lieutenant Governor.
The Lieutenant Governor shall receive for his services an annual salary of two thousand dollars, and shall not receive or be entitled to any other compensation, fee or perquisite, for any duty or service he may be required to perform by the Constitution or by law.
[Amendment effective September, 1915. This is Section 6 of Amendment No. 6 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9907.0 created by amendment 12 |
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Amendment 9.
Supreme Court
Sec. 1. Enlargement - Sitting in division.
The Supreme Court shall be composed of five judges, one of whom shall be styled Chief Justice and elected as such, any three of whom shall constitute a quorum, and the concurrence of at least three judges shall in every case be necessary to a decision. Provided, if it should hereafter become necessary to increase the number of judges of the Supreme Court, the Legislature may provide for two additional judges and may also provide for the court sitting in divisions under such regulations as may be prescribed by law; provided, further, that should the court sit in divisions, in all cases where the construction of the Constitution is involved, the cause shall be heard by the court in banc, and in all cases when a judge of a division dissents from the opinion therein, at the request of the Chief Justice, or such dissenting justice, the cause shall be transferred to the court in banc for its decision.
[Amendment effective December 6, 1924. This is Amendment No. 9 according to the numbering method for constitutional amendments used by the state of Arkansas. This amendment alters article 7, section 2, so we have also included it as an amendment to that section. Note that this amendment is included twice in the constitution. The Arkansas legislative constitution treats amendment 9 as a separate amendment, so we have also coded it here as article 9907.]
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Sec. 2. Compensation of judges.
The Supreme Court judges shall at stated times receive compensation for their services to be fixed by law. When the salary of the judges under this amendment to the Constitution shall have been established by law, such salary shall not thereafter be increased or diminished during their respective terms. Until otherwise provided by law, the judges of the Supreme Court shall each receive a salary of seven thousand five hundred dollars per annum.
[Amendment effective December 6, 1924. This is Amendment No. 9 according to the numbering method for constitutional amendments used by the state of Arkansas. This amendment alters article 7, section 10, so we have also included it as an amendment to that section. Note that this amendment is included twice in the constitution. The Arkansas legislative constitution treats amendment 9 as a separate amendment, so we have also coded it here as article 9907.]
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Amendment 7.
INITIATIVE AND REFERENDUM
The legislative power of the people of this State shall be vested in a General Assembly, which shall consist of the Senate and House of Representatives, but the people reserve to themselves the power to propose legislative measures, laws and amendments to the Constitution, and to enact or reject the same at the polls independent of the General Assembly; and also reserve the power, at their own option, to approve or reject at the polls any entire act or any item of an appropriation bill.
STATE WIDE PETITIONS
Initiative - The first power reserved by the people is the initiative. Eight percent of the legal voters may propose any law and ten per cent may propose a Constitutional Amendment by initiative petition, and every such petition shall include the full text of the measure so proposed. Initiative petitions for State-wide measures shall be filed with the Secretary of State not less than four months before the election at which they are to be voted upon; provided, that at least thirty days before the aforementioned filing, the proposed measure shall have been published once, at the expense of the petitioners, in some paper of general circulation.
Referendum - The second power reserved by the people is the referendum, and any number not less than six per cent of the legal voters may, by petition, order the referendum against any general act, or any item of an appropriation bill, or measure passed by the General Assembly, but the filing of a referendum petition against one or more items, sections or parts of any such act or measure shall not delay the remainder from becoming operative. Such petition shall be filed with the Secretary of State not later than ninety days after the final adjournment of the session at which such act was passed, except when a recess or adjournment shall be taken temporarily for a longer period than ninety days, in which case such petition shall be filed not later than ninety days after such recess or temporary adjournment. Any measure referred to the people by referendum petition shall remain in abeyance until such vote is taken. The total number of votes cast for the office of Governor in the last preceding general election shall be the basis upon which the number of signatures of legal voters upon State-wide initiative and referendum petitions shall be computed.
Upon all initiative or referendum petitions provided for in any of the sections of this article, it shall be necessary to file, from at least fifteen of the counties of the State, petitions bearing the signature of not less than one-half of the designated percentage of the electors of such county.
Emergency - If it shall be necessary for the preservation of the public peace, health and safety that a measure shall become effective without delay, such necessity shall be stated in one section, and if upon a yea and nay vote two-thirds of all the members elected to each house, or two-thirds of all the members elected to city or town councils, shall vote upon separate roll call in favor of the measure going into immediate operation, such emergency measure shall become effective without delay. It shall be necessary, however, to state the fact which constitutes such emergency. Provided, however, that an emergency shall not be declared on any franchise or special privilege or act creating any vested right or interest or alienating any property of the State. If a referendum is filed against any emergency measure such measure shall be a law until it is voted upon by the people, and if it is then rejected by a majority of the electors voting thereon, it shall be thereby repealed. The provisions of this subsection shall apply to city or town councils.
LOCAL PETITIONS
Municipalities and Counties - The initiative and referendum powers of the people are hereby further reserved to the local voters of each municipality and county as to all local, special and municipal legislation of every character in and for their respective municipalities and counties, but no local legislation shall be enacted contrary to the Constitution or any general law of the State, and any general law shall have the effect of repealing any local legislation which is in conflict therewith.
Municipalities may provide for the exercise of the initiative and referendum as to their legal legislation.
General laws shall be enacted providing for the exercise of the initiative and referendum as to counties. Fifteen per cent of the legal voters of any municipality or county may order the referendum, or invoke the initiative upon any local measures. In municipalities the number of signatures required upon any petition shall be computed upon the total vote cast for the office of mayor at the last preceding general election; in counties, upon the office of Circuit Clerk. In municipalities and counties the time for filing an initiative petition shall not be fixed at less than sixty days nor more than ninety days before the election at which it is to be voted upon; for a referendum petition at not less than thirty days nor more than ninety days after the passage of such measure by a municipal council; nor less than ninety days when filed against a local or special measure passed by the General Assembly.
Every extension, enlargement, grant, or conveyance of a franchise or any rights, property, easement, lease, or occupation of or in any road, street, alley or any part thereof in real property or interest in real property owned by municipalities, exceeding in value three hundred dollars, whether the same be by statute, ordinance, resolution, or otherwise, shall be subject to referendum and shall not be subject to emergency legislation.
GENERAL PROVISIONS
Definition - The word "measure" as used herein includes any bill, law, resolution, ordinance, charter, constitutional amendment or legislative proposal or enactment of any character.
No Veto - The veto power of the Governor or Mayo |
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Article 9912.0 created by amendment 20 |
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No Section Text |
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Amendment 12.
Textile Mills, Tax Exemption
Sec. 1. Cotton mills tax exempt for seven years.
All capital invested in a textile mill in this State for the manufacture of cotton and fiber goods in any manner shall be and is hereby declared to be exempt from taxation for a period of seven years from the date of the location of said textile mill.
[Amendment effective October 5, 1926. This is Amendment No. 12 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9914.0 created by amendment 22 |
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No Section Text |
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Amendment 14.
Local Acts
Local or special acts prohibited - Rights to repeal acts by legislature.
The General Assembly shall not pass any local or special act. This amendment shall not prohibit the repeal of local or special acts.
[Amendment effective October 5, 1926. This is Amendment No. 14 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9915.0 created by amendment 23 |
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No Section Text |
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Amendment 15.
Salaries of State Officers
Sec. 1. Salaries of state officials.
The annual salaries of the State and District officers hereinafter mentioned, which shall be paid in monthly installments, shall be as follows:
For Governor, the sum of $6,000; for Secretary of State, the sum of $4,000; for Treasurer of the State, the sum of $4,000; for Auditor of the State, the sum of $4,000; for Attorney General, the sum of $5,000; for Judge of the Circuit Courts and Chancellors, each the sum of $3,600.
The members of the General Assembly shall receive as their salary the sum of one thousand dollars ($1,000), except the Speaker of the House of Representatives, who shall receive his salary of eleven hundred ($1,100) dollars for each period of two (2) years; and in addition to such salary the members of the General Assembly shall receive five cents per mile for each mile traveled in going to and returning from the seat of government over the most direct and practical route; and provided further that when said members are required to attend an extraordinary session of the General Assembly, they shall receive in addition to the salary herein provided the sum of $6 per day for each day they are required to attend, and mileage, at the same rate herein provided.
[Amendment effective November 6, 1928.– Held to be superseded by Amend. 13 in Berry v. Gordon, 237 Ark. 547 and 865, 376 S. W. 2d 276 (1964) which itself was repealed by Amend. 56. This is Amendment No. 15 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9917.0 created by amendment 25 |
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No Section Text |
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Amendment No. 17 is repealed.
All provisions of the Constitution of 1874, or Amendments thereto in conflict with this Amendment including, but not limited to Amendment Numbers 13, 17, 25, and 49, are hereby repealed.
[Amendment effective November 6, 1984. This is Section 11 of Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas, which also amended Constitutional Amendment Nos. 13, 25, and 49.]
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Amendment 17.
County Construction and Building Tax
Section 1. The power and right is hereby vested in the qualified electors of each respective county in this State by a majority of the said electors voting on the question, to authorize the construction, reconstruction, or extension of any County Court House, or County Jail, and authorize the levy of a tax not to exceed one-half of one per cent on the dollar of the valuation of all properties in such county subject to taxation to defray the cost and expenses thereof, or to take up any indebtedness existing at the time of adoption hereof incurred in building, construction or extending any County Court House or Jail.
[Amendment adopted January 16, 1929. This is Amendment No. 17 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Amendment 25.
Court House, Jail or Hospital Tax
(Const., Amendment 17 Amended)
Amendment 17.
Section 1. The power and right is hereby invested in the qualified electors of each respective county in this state by a majority of the said electors voting on the question, to authorize the construction, reconstruction, or extension of any County Court House, County Jail, or County Hospital, and to authorize the levy of a tax not to exceed one-half of one percent on the dollar of the valuation of all properties in such County subject to taxation to defray the costs and expenses thereof, or to take up any indebtedness existing at the time of adoption hereof incurred in the building, construction or extending any County Court House, Jail, or Hospital.
[ This is Amendment No. 25 according to the numbering method for constitutional amendments used by the state of Arkansas. We do not have an exact date or year for this amendment yet.]
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Amendment No. 17 is repealed.
All provisions of the Constitution of 1874, or Amendments thereto in conflict with this Amendment including, but not limited to Amendment Numbers 13, 17, 25, and 49, are hereby repealed.
[Amendment effective November 6, 1984. This is Section 11 of Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas, which also amended Constitutional Amendment Nos. 13, 25, and 49.]
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Section 2. The County Court of any county may, by proper order duly entered of record, determine whether or nor the necessity for any such construction, reconstruction, or extension exists, and when such necessity is found to exist, said County Court shall cause to be made and prepared such plans, specifications, or estimates of cost of such contemplated improvements as may be proper for a reasonable understanding of the nature, extent, and approximate cost thereof, and may employ an architect for said purpose, which said plans, specifications and estimates shall be filed in the office of the County Clerk of said county, and remain and be held subject to the inspection of any and all persons interested.
[Amendment adopted January 16, 1929. This is Amendment No. 17 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Section 2. The County Court of any county may, by proper order duly entered of record, determine whether or nor the necessity for any such construction, reconstruction, or extension exists, and when such necessity is found to exist, said County Court shall cause to be made and prepared such plans, specifications, or estimates of cost of such contemplated improvements as may be proper for a reasonable understanding of the nature, extent, and approximate cost thereof, and may employ an architect for said purpose, which said plans, specifications and estimates shall be filed in the office of the County Clerk of said county, and remain and be held subject to the inspection of any and all persons interested.
[ This is Amendment No. 25 according to the numbering method for constitutional amendments used by the state of Arkansas. We do not have an exact date or year for this amendment yet.]
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Amendment No. 17 is repealed.
All provisions of the Constitution of 1874, or Amendments thereto in conflict with this Amendment including, but not limited to Amendment Numbers 13, 17, 25, and 49, are hereby repealed.
[Amendment effective November 6, 1984. This is Section 11 of Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas, which also amended Constitutional Amendment Nos. 13, 25, and 49.]
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Section 3. Any and all such plans, specifications, and estimates may, when considered, be rejected by the County Court, and new ones, or alteration of the original ones ordered to be made, and when such preliminary set of such plans, specifications, and estimates is filed and shall meet the approval of Such County Court, an order approving the same shall be entered of record, and the Court shall order and direct the question of the construction of such building or extensions to be submitted to the qualified electors of such county in the next General Election held thereafter; provided, however, that if no General Election for County and State officers will, under the law, be held within one year of the making of said order, then the County Court may, by order entered of record, call a Special Election in such county, to be held not less than thirty (30) days nor more than sixty (60) days thereafter, and shall name the date therefor. Such Special Election shall, in all other respects, be held as is now or hereafter may be provided by law, for the holding and conducting of General Elections, and it shall be, and is hereby made, the duty of the Sheriff of such county by proclamation duly made and published for the time, and as provided by law, to give notice of the proper time and place of holding such election.
[Amendment adopted January 16, 1929. This is Amendment No. 17 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Section 3. Any and all such plans, specifications, and estimates may, when considered, be rejected by the County Court, and new ones, or alteration of the original ones ordered to be made, and when such preliminary set of such plans, specifications, and estimates is filed and shall meet the approval of Such County Court, an order approving the same shall be entered of record, and the Court shall order and direct the question of the construction of such building or extensions to be submitted to the qualified electors of such county in the next General Election held thereafter; provided, however, that if no General Election for County and State officers will, under the law, be held within one year of the making of said order, then the County Court may, by order entered of record, call a Special Election in such county, to be held not less than thirty (30) days nor more than sixty (60) days thereafter, and shall name the date therefor. Such Special Election shall, in all other respects, be held as is now or hereafter may be provided by law, for the holding and conducting of General Elections, and it shall be, and is hereby made, the duty of the Sheriff of such county by proclamation duly made and published for the time, and as provided by law, to give notice of the proper time and place of holding such election.
[ This is Amendment No. 25 according to the numbering method for constitutional amendments used by the state of Arkansas. We do not have an exact date or year for this amendment yet.]
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Amendment No. 17 is repealed.
All provisions of the Constitution of 1874, or Amendments thereto in conflict with this Amendment including, but not limited to Amendment Numbers 13, 17, 25, and 49, are hereby repealed.
[Amendment effective November 6, 1984. This is Section 11 of Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas, which also amended Constitutional Amendment Nos. 13, 25, and 49.]
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Section 4. It is hereby made the duty of the usual Election Officers to prepare the ballots and to hold such election in the manner and form as is now or hereafter may be provided by law, and to certify the returns thereof to the County Court. If a majority voting in such election shall vote for such improvement, then the County Court shall make and enter of record an order showing the total vote for and the total vote against such. More than one building or improvement may be embodied in all such proceedings, except that separate plans, specifications and estimates for each building sufficient to indicate to the electors with reasonable certainty what building or extension he is voting on, shall appear upon the ballot, beneath which shall appear the words “For Construction” and “Against Construction,” after each contemplated improvement, and there shall also appear upon said ballot the words “For Building Tax” and “Against Building Tax.”
[Amendment adopted January 16, 1929. This is Amendment No. 17 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Section 4. It is hereby made the duty of the usual Election Officers to prepare the ballots and to hold such election in the manner and form as is now or hereafter may be provided by law, and to certify the returns thereof to the County Court. If a majority voting in such election shall vote for such improvement, then the County Court shall make and enter of record an order showing the total vote for and the total vote against such. More than one building or improvement may be embodied in all such proceedings, except that separate plans, specifications and estimates for each building sufficient to indicate to the electors with reasonable certainty what building or extension he is voting on, shall appear upon the ballot, beneath which shall appear the words “For Construction” and “Against Construction,” after each contemplated improvement, and there shall also appear upon said ballot the words “For Building Tax” and “Against Building Tax.”
[ This is Amendment No. 25 according to the numbering method for constitutional amendments used by the state of Arkansas. We do not have an exact date or year for this amendment yet.]
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Amendment No. 17 is repealed.
All provisions of the Constitution of 1874, or Amendments thereto in conflict with this Amendment including, but not limited to Amendment Numbers 13, 17, 25, and 49, are hereby repealed.
[Amendment effective November 6, 1984. This is Section 11 of Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas, which also amended Constitutional Amendment Nos. 13, 25, and 49.]
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Section 5. If a majority voting in such election vote for such building or buildings, as the case may be, and for tax, then the levying court at any regular, special or adjourned term thereafter held, may levy, in addition to all other taxes now authorized by law, to be levied against all taxable property in the county, a special building tax not exceeding one-half of one per cent on the dollar of the assessed valuation of such property to pay for such improvements, or to provide a sinking fund for said purpose, which levy, once made, shall continue and be in force from year to year, and extended on the tax books, and collected until sufficient funds are collected to pay off and discharge the cost of such improvement, or any bonds or notes and interest thereon, sold to raise money for the payment of such improvement.
[ This is Amendment No. 25 according to the numbering method for constitutional amendments used by the state of Arkansas. We do not have an exact date or year for this amendment yet.]
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Amendment No. 17 is repealed.
All provisions of the Constitution of 1874, or Amendments thereto in conflict with this Amendment including, but not limited to Amendment Numbers 13, 17, 25, and 49, are hereby repealed.
[Amendment effective November 6, 1984. This is Section 11 of Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas, which also amended Constitutional Amendment Nos. 13, 25, and 49.]
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Section 5. If a majority voting in such election vote for such building or buildings, as the case may be, and for tax, then the levying court at any regular, special or adjourned term thereafter held, may levy, in addition to all other taxes now authorized by law, to be levied against all taxable property in the county, a special building tax not exceeding one-half of one per cent on the dollar of the assessed valuation of such property to pay for such improvements, or to provide a sinking fund for said purpose, which levy, once made, shall continue and be in force from year to year, and extended on the tax books, and collected until sufficient funds are collected to pay off and discharge the cost of such improvement, or any bonds or notes and interest thereon, sold to raise money for the payment of such improvement.
[Amendment adopted January 16, 1929. This is Amendment No. 17 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Section 6. When such tax has been so voted and the amount thereof levied as shown above provided, then the County Court or Judge thereof may issue and sell interest-bearing negotiable bonds or notes in such form as may be deemed proper, bearing interest at not exceeding five (5) per cent per annum, and maturing at such time as may be determined by such Court or Judge, and sell same upon such conditions and in such manner as the County Court may by order deem proper for the purpose of raising funds for the construction of such improvement; provided, however, that such bonds or notes shall not be sold for less than the par or face value thereof, and the same is hereby secured by said special tax levied for the purpose, which shall be and is hereby pledged as security for the payment of such evidences of indebtedness, and shall never be diverted to, or extended for, another purpose, nor collected for any greater amount or length of time than is necessary to pay off and retire said principal and interest evidenced by such bonds or notes.
[ This is Amendment No. 25 according to the numbering method for constitutional amendments used by the state of Arkansas. We do not have an exact date or year for this amendment yet.]
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Amendment No. 17 is repealed.
All provisions of the Constitution of 1874, or Amendments thereto in conflict with this Amendment including, but not limited to Amendment Numbers 13, 17, 25, and 49, are hereby repealed.
[Amendment effective November 6, 1984. This is Section 11 of Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas, which also amended Constitutional Amendment Nos. 13, 25, and 49.]
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Section 6. When such tax has been so voted and the amount thereof levied as shown above provided, then the County Court or Judge thereof may issue and sell interest-bearing negotiable bonds or notes in such form as may be deemed proper, bearing interest at not exceeding five (5) per cent per annum, and maturing at such time as may be determined by such Court or Judge, and sell same upon such conditions and in such manner as the County Court may by order deem proper for the purpose of raising funds for the construction of such improvement; provided, however, that such bonds or notes shall not be sold for less than the par or face value thereof, and the same is hereby secured by said special tax levied for the purpose, which shall be and is hereby pledged as security for the payment of such evidences of indebtedness, and shall never be diverted to, or extended for, another purpose, nor collected for any greater amount or length of time than is necessary to pay off and retire said principal and interest evidenced by such bonds or notes.
[Amendment adopted January 16, 1929. This is Amendment No. 17 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Section 7. When such improvement and tax are voted as hereinabove provided, and such bonds or notes are sold, then the County Court or the Judge thereof, as they may be, shall proceed with the construction of such improvement in the manner now or hereafter provided by law.
[Amendment adopted January 16, 1929. This is Amendment No. 17 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Section 7. When such improvement and tax are voted as hereinabove provided, and such bonds or notes are sold, then the County Court or the Judge thereof, as they may be, shall proceed with the construction of such improvement in the manner now or hereafter provided by law.
[ This is Amendment No. 25 according to the numbering method for constitutional amendments used by the state of Arkansas. We do not have an exact date or year for this amendment yet.]
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Amendment No. 17 is repealed.
All provisions of the Constitution of 1874, or Amendments thereto in conflict with this Amendment including, but not limited to Amendment Numbers 13, 17, 25, and 49, are hereby repealed.
[Amendment effective November 6, 1984. This is Section 11 of Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas, which also amended Constitutional Amendment Nos. 13, 25, and 49.]
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Section 8. This Amendment shall be submitted and voted on in the next General Election hereafter held in the State for the election of State and County officers, and should a majority of the number of electors voting on the question be for the adoption of this Amendment, the same shall be in full force and effect from after its adoption.
[Amendment adopted January 16, 1929. This is Amendment No. 17 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Section 8. This Amendment shall be submitted and voted on in the next General Election hereafter held in the State for the election of State and County officers, and should a majority of the number of electors voting on the question be for the adoption of this Amendment, the same shall be in full force and effect from after its adoption.
[ This is Amendment No. 25 according to the numbering method for constitutional amendments used by the state of Arkansas. We do not have an exact date or year for this amendment yet.]
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Amendment No. 17 is repealed.
All provisions of the Constitution of 1874, or Amendments thereto in conflict with this Amendment including, but not limited to Amendment Numbers 13, 17, 25, and 49, are hereby repealed.
[Amendment effective November 6, 1984. This is Section 11 of Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas, which also amended Constitutional Amendment Nos. 13, 25, and 49.]
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Article 9918.0 created by amendment 33 |
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No Section Text |
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Amendment 18.
Tax to Aid Industries
City tax. - It being most apparent that factories, industries and transportation facilities are necessary for the development of a community and for the welfare of its inhabitants, a special tax not exceeding five mills on the dollar of all taxable property in cities of the first class located in counties now or hereafter having not less than one hundred five thousand population, in addition to other taxes now provided by law, may be levied in such cities for the period that may be provided by law, when petitioned for by ten per cent of the owners of real property in such city and on consent of a majority of the electors of such city voting on the question.
The proceeds of such tax shall be expended by a board of three commissioners, each of whom shall be a taxpayer in such city, said commissioners, to serve for such term as may be provided by law without compensation, except actual expenses. One of the commissioners shall be selected by a majority of the judges of the Supreme Court, sitting as a board, one by a majority of the judges of the Circuit, County and Chancery Courts of the county, sitting as a board, and one by a majority of the banks and trust companies located in such city whose representatives shall sit as a board. Where there are two such cities in such county and the tax herein provided for has been voted in each, one board of commissioners may be appointed for both cities if a majority of the boards having the appointive power deem best, and in that event a majority of the banks and trust companies in both cities shall appoint one commissioner, and the proceeds of the tax shall be expended for the benefit of both cities.
The proceeds of such tax may be expended as may be provided by law for the purpose of securing the location of factories, industries, river transportation and facilities therefor within and adjacent to such cities or other public purposes, exclusive of charities and those now within the powers of said cities to perform, and the expenditures may also be made for advertising such cities and the State, or making secured loans to such factories and industries, or for any other public purpose that may be provided by law, connected with securing the location of such factories and industries and encouraging them.
The provisions of this amendment are separable, and if any should be held invalid the remainder shall stand.
[Amendment effective November 6, 1928. This is Amendment No. 18 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9920.0 created by amendment 39 |
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No Section Text |
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Amendment 20.
State Bonds
Bonds prohibited except when approved by majority vote of electors. - Except for the purpose of refunding the existing outstanding indebtedness of the State and for assuming and refunding valid outstanding road improvement district bonds, the State of Arkansas shall issue no bonds or other evidence of indebtedness pledging the faith and credit of the State or any of its revenues for any purpose whatsoever, except by and with the consent of the majority of the qualified electors of the State voting on the question at a general election or at a special election called for that purpose.
This Amendment to the Constitution of Arkansas shall be self-executing and require no enabling act, but shall take and have full force and effect immediately upon its adoption by the electors of the State.
[Amendment effective November 6, 1934. This is Amendment No. 20 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9921.0 created by amendment 40 |
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No Section Text |
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Amendment 21.
Criminal Prosecutions - Prosecutor's Salaries
Sec. 1. Prosecution by indictment or information.
All offenses heretofore required to be prosecuted by indictment may be prosecuted either by indictment by a grand jury or information filed by the Prosecuting Attorney.
[Amendment effective November 3, 1936.This is Amendment No. 21 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 2. Salaries of prosecuting attorneys.
The General Assembly of Arkansas shall by law determine the amount and method of payment of salaries of prosecuting attorneys.
[Amendment effective November 3, 1936.This is Amendment No. 21 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9922.0 created by amendment 42 |
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No Section Text |
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Amendment 22.
Exemption of Homesteads from Certain State Taxes
Sec. 1. Homesteads of $1,000.00 assessed valuation exempted from certain taxes.
The homestead of each and every resident of the State, whether or not such resident be married or unmarried, male or female, shall be wholly exempt from all state taxes authorized or referred to in Section 8 of Article 16 of the Constitution of Arkansas in all cases where such homestead does not exceed the assessed valuation of one thousand dollars ($1,000.00). Where the assessed valuation of such homestead exceeds one thousand dollars ($1,000.00) this exemption shall apply to the first one thousand dollars ($1,000.00) of such valuation.
[Amendment effective January 12, 1937. This is Amendment No. 22 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 2. Legislature authorized to make further exemptions.
Within a maximum limit of two thousand five hundred dollars ($2,500.00) and a minimum limit of one thousand dollars ($1,000.00), the legislature is hereby authorized and empowered from time to time to fix the amount of the exemption hereby provided
[Amendment effective January 12, 1937. This is Amendment No. 22 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 3. Legislature to restore tax funds eliminated hereby, and to pass enabling law.
It is hereby made the duty of the legislature, and the legislature is hereby directed:
(a) Fully and completely to replace or restore any and all funds which will or may be eliminated, diminished or otherwise affected hereby or hereunder; but the legislature shall not, in order to accomplish that purpose, impose or levy any new form of tax.
(b) To enact, without unnecessary delay, all legislation necessary and sufficient to make this amendment in all respects effective and workable.
[Amendment effective January 12, 1937. This is Amendment No. 22 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 4. No notes or bonds of state impaired hereby.
Nothing herein shall ever be construed, applied or administered so as to impair any right of any holder of any bond, note or other obligation heretofore issued or assumed by the state and now outstanding; but this amendment shall in every respect be construed, applied and administered so as fully to protect all the legal rights of all such holders.
[Amendment effective January 12, 1937. This is Amendment No. 22 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 5. Amendment in effect, when.
After and as soon as, and not before, the legislature shall have fulfilled the requirements of section 3 hereof, this amendment or any legislation enacted in pursuance of section 2, shall be in full force and effect.
[Amendment effective January 12, 1937. This is Amendment No. 22 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9927.0 created by amendment 65 |
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Amendment 27.
Exempting New Manufacturing Establishment from Taxation
Power to exempt - Duration.
The Governor and the Agricultural and Industrial Commission (or the agency created by law to assist in the industrial development of Arkansas) may investigate and contract with the owners of any new manufacturing or processing establishment to be located in the State, or owners making addition or additions to any manufacturing or processing establishment already located in the State, for the exemption from State property taxation of any such new manufacturing or processing establishment, or any addition or additions to any such existing manufacturing or processing establishment, upon such terms and conditions as the Governor and the said Commission may deem to the best interests of the State; provided, that no exemption from taxes shall be granted under this amendment for a longer period than ten (10) calendar years succeeding the date of any such contract. Any such exemption shall "ipso facto" cease upon violation of the terms and conditions of any contract hereby made.
[Amendment effective November 8, 1938. This is Amendment No. 27 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9928.0 created by amendment 66 |
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Amendment 28.
Regulating Practice of Law
Supreme Court - Rule Making Power.
The Supreme Court shall make rules regulating the practice of law and the professional conduct of attorneys at law.
[Amendment effective November 8, 1938. This is Amendment No. 28 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9929.0 created by amendment 67 |
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Amendment 29.
Filling Vacancies in Office
Sec. 1. Elective offices – Exceptions.
Vacancies in the office of United States Senator, and in all elective state, district, circuit, county, and township offices except those of Lieutenant Governor, Member of the General Assembly and Representative in the Congress of the United States, shall be filled by appointment by the Governor.
[Amendment effective November 8, 1938. This is Amendment No. 29 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 2. Ineligible persons - Nepotism.
The Governor, Lieutenant Governor and Acting Governor shall be ineligible for appointment to fill any vacancies occurring or any office or position created, and resignation shall not remove such ineligibility. Husbands and wives of such officers, and relatives of such officers, or of their husbands and wives within the fourth degree of consanguinity or affinity, shall likewise be ineligible. No person appointed under Section 1 shall be eligible for appointment or election to succeed himself.
[Amendment effective November 8, 1938. This is Amendment No. 29 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 3. Violation of amendment - Compensation withheld.
No person holding office contrary to this amendment shall be paid any compensation for his services. Any warrant, voucher or evidence of indebtedness issued in payment for such services shall be void.
[Amendment effective November 8, 1938. This is Amendment No. 29 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 4. Duration of term of appointee - Election to fill vacancy.
The appointee shall serve during the entire unexpired term in the office in which the vacancy occurs if such office would in regular course be filled at the next General Election if no vacancy had occurred. If such office would not in regular course be filled at such next general election the vacancy shall be filled as follows: At the next General Election, if the vacancy occurs four months or more prior thereto, and at the second General Election after the vacancy occurs if the vacancy occurs less than four months before the next General Election after it occurs. The person so elected shall take office on the 1st day of January following his election.
[Amendment effective November 8, 1938. This is Amendment No. 29 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 5. Election to fill - Placing names on ballots.
Only the names of candidates for office nominated by an organized political party at a convention of delegates, or by a majority of all the votes cast for candidates for the office in a primary election, or by petition of electors as provided by law, shall be placed on the ballots in any election.
[Amendment effective November 8, 1938. This is Amendment No. 29 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9930.0 created by amendment 72 |
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Amendment 30.
City Libraries
Section 1. Whenever 100 or more tax paying electors of any city, having a population of not less than 5,000, shall file a petition with the Mayor asking that an annual tax on real and personal property be levied for the purpose of maintaining a public city library and shall specify a rate of taxation not exceeding one mill on the dollar, the question as to whether such tax shall be levied shall be submitted to the qualified electors of such city at a general city election. Such petition must be filed at least thirty days prior to the election at which it shall be submitted to the voters. The ballot shall be in substantially the following form:
For a _____ mill tax on real and personal property to be used for maintenance of a public city library.
Against a _____ mill tax on real and personal property to be used for maintenance of a public city library.
[Amendment effective November 5, 1940. This is Section 1 of Amendment No. 30 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 1. Petition for tax levy - Election.
Whenever 100 or more taxpaying electors of any city, having a population of not less than 5,000, shall file a petition with the Mayor asking that an annual tax on real and personal property be levied for the purpose of maintaining and operating a public city library and shall specify a rate of taxation not to exceed five mills on the dollar, the question as to whether such tax shall be levied shall be submitted to the qualified electors of such city at a general or special election. Such petition must be filed at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall be in substantially the following form:
For a ______ mill tax on real and personal property to be used for maintenance and operation of a public city library.
Against a ______ mill tax on real and personal property to be used for maintenance and operation of a public city library." [As amended by Const. Amend. 72, Sec. 1.]
[Amendment effective November, 1992. This is Section 1 of Amendment No. 72 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 2. Result of election - Certification and proclamation - Tax levy.
The Election Commissioners shall certify to the Mayor the result of the vote, and if a majority of the qualified electors voting on the question at such election vote in favor of the specified tax, then it shall thereafter be continually levied and collected as other general taxes of such city are levied and collected. The result of the election shall be proclaimed by the Mayor. The result so proclaimed shall be conclusive unless attacked in the courts within thirty days. The proceeds of any tax voted for the maintenance of a city public library shall be segregated by the city officials and used only for that purpose.
[Amendment effective November 5, 1940. This is Section 2 of Amendment No. 30 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Section 3. Whenever 100 or more tax paying electors of any city having a library tax in force shall file a petition with the Mayor asking that such tax be raised, reduced or abolished, the question shall be submitted to the qualified electors at a general city election. Such petition must be filed at least thirty days prior to the election at which it shall be submitted to the voters. The ballot shall follow, as far as practicable, the form set forth in Section 1 hereof. The result shall be certified and proclaimed as provided in Section 2 hereof, and the result as proclaimed shall be conclusive unless attacked in the courts within thirty days. The tax shall be lowered, raised or abolished, as the case may be, according to the majority of the qualified electors voting on the question at such election; provided, however, that it shall not be raised to more than one mill on the dollar. If lowered or raised, the revised tax shall thereafter be continually levied and collected, and the proceeds used in the manner and for the purposes as provided for in Section 2 hereof.
[Amendment effective November 5, 1940. This is Section 3 of Amendment No. 30 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 3. Raising, reducing or abolishing tax - Petition and election.
Whenever 100 or more taxpaying electors of any city having a library tax in force shall file a petition with the Mayor asking that such tax be raised, reduced or abolished, the question shall be submitted to the qualified electors at a general or special election. Such petition must be filed at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall follow, as far as practicable, the form set forth in Section 1 hereof. The result shall be certified and proclaimed, as provided in Section 2 hereof, and the result as proclaimed shall be conclusive unless attacked in the courts within thirty days. Subject to the limitations of Section 5(e) hereof, the tax shall be lowered, raised or abolished, as the case may be, according to the majority of the qualified electors voting on the question of such election. If lowered or raised, the revised tax shall thereafter be continually levied and collected and the proceeds used in the manner and for the purposes as provided in Section 2 hereof. [As amended by Const. Amend. 72, Sec. 2.]
[Amendment effective November, 1992. This is Section 2 of Amendment No. 72 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 4. Co-ordination of city with county library.
Nothing herein shall be construed as preventing a co-ordination of the services of a city public library and a county public library.
[Amendment effective November 5, 1940. This is Section 4 of Amendment No. 30 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 5. Petition for tax levy - Election.
(a) Whenever 100 or more taxpaying electors of any city, having a population of not less than 5,000, shall file a petition with the Mayor asking that an annual tax on real and personal property be levied for capital improvements to or construction of a public city library and shall specify a rate of taxation not to exceed three mills on the dollar, the question as to whether such tax shall be levied shall be submitted to the qualified electors of such city at a general or special election. Such petition must be filed at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall be in substantially the following form:
For a ______ mill tax on real and personal property to be used for capital improvements to or construction of a public city library.
Against a ______ mill tax on real and personal property to be used for capital improvements to or construction of a public city library.
(b) The electors may authorize the governing body of the city to issue bonds as prescribed by law for capital improvements to or construction of the library and to authorize the pledge of all, or any part of, the tax authorized by this section for the purpose of retiring the bonds. The interest rate on any bonds shall not exceed the rate provided by this Constitution. The ballot submitting the question to the voters shall be in substantially the following form:
For a ______ mill tax on real and personal property within the city, to be pledged to an issue or issues of bonds not to exceed $____, in aggregate principal amount, to finance capital improvements to or construction of the city library and to authorize the issuance of the bonds on such terms and conditions as shall be approved by the city.
Against a ______ mill tax on real and personal property within the city, to be pledged to an issue or issues of bonds not to exceed $____, in aggregate principal amount, to finance capital improvements to or construction of the city library and to authorize the issuance of the bonds on such terms and conditions as they shall be approved by the city.
(c) The maximum rate of any special tax to pay bonded indebtedness, as authorized by paragraph (b) hereof shall be stated on the ballot.
(d) The special tax for payment of bonded indebtedness authorized in paragraph (b) hereof shall constitute a special fund pledged as security for the payment of such indebtedness. The special tax shall never be extended for any purpose, nor collected for any greater length of time than necessary to retire such bonded indebtedness, except that tax receipts in excess of the amount required to retire the debt according to its terms may, subject to covenants entered into with the holders of the bonds, be pledged as security for the issuance of additional bonds if authorized by the voters. The tax for such additional bonds shall terminate within the time provided for the tax originally imposed. Upon retirement of the bonded indebtedness, any surplus tax collections, which may have accumulated shall be transferred to the general funds of the city, and shall be used for maintenance and operation of the public city library.
(e) Notwithstanding any other provision of this amendment, a tax approved by the voters for the purpose of paying the bonded indebtedness shall not be reduced or diminished, nor shall it be used for any other purpose than to pay principal of, premium or interest on, and the reasonable fees of a trustee or paying agent, so long as the bonded indebtedness shall remain outstanding and unpaid. [Added by Const. Amend. 72, Sec. 3.]
[Amendment effective November, 1992. This is Section 3 of Amendment No. 72 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9931.0 created by amendment 76 |
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Amendment 31.
Police and Firefighters' Retirement Salaries and Pensions
Sec. 1. Election on question - Tax levy.
After consent of the majority of those voting on the question at any general or special election in cities of the first or second class, the cities may annually thereafter, levy a tax on the assessed value of real and personal property, not to exceed two mills on the dollar, from which there shall be created a Fund to pay Retirement Salaries and pensions to policemen and firemen theretofore or thereafter earned, and pensions to the widows and minor children of such, as may be provided by law. The annual levy for the Policeman's Retirement Salary and Pension Fund shall not exceed one mill on the dollar, and the annual levy for the Fireman's Retirement Salary and Pension Funds, shall not exceed one mill on the dollar. The manner of such levy of the tax, and the eligibility for the retirement salaries and pensions, the several amounts thereof and when payable, shall be such as may be provided by law.
[Amendment effective November 5, 1940. This is Amendment No. 31 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9932.0 created by amendment 77 |
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Amendment 32.
County or City Hospitals
Sec. 1. Petition for tax levy - Election.
Whenever in any county where there is located a public hospital owned by such county or by any municipal corporation therein, whether such hospital be operated by such county or municipal corporation or by a benevolent association as the agent or lessee of such county or municipal corporation, one hundred or more electors of such county shall file a petition with the county judge asking that an annual tax on real and personal property in such county be levied for the purpose of maintaining, operating and supporting such hospital and shall specify a rate of taxation not exceeding one mill on the dollar of the assessed value of real and personal property in the county. The question as to whether such tax shall be levied shall be submitted to the qualified electors of such county at a general election. Such petition must be filed at least thirty days prior to the election at which it will be submitted to the voters. The county judge upon the filing of such petition shall notify the county board of election commissioners thereof and the county board of election commissioners shall cause the question to be placed upon the ballots in substantially the following form:
FOR a ______________ mill tax on real and personal property to be used for maintenance, operation and support of a public hospital.
AGAINST a _____________ mill tax on real and personal property to be used for maintenance, operation and support of a public hospital.
[Amendment effective November 3, 1942. This is Amendment No. 32 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 2. Result of election - Certification and proclamation - Tax levy.
The election commissioners shall certify to the county judge the result of the vote and if a majority of the qualified electors voting on the question at such election vote in favor of the specified tax then it shall thereafter be continually levied and collected as other general taxes of such county are levied and collected. The result of the election shall be proclaimed by the county judge by publication for one insertion in some newspaper published and having a bona fide circulation in such county. The result so proclaimed shall he conclusive unless attacked in the courts within thirty days and after the election it shall not be competent to attack the result thereof on the ground that any signers of the petition were not qualified electors. The proceeds of any tax so voted shall upon the settlement of the collecting officer be paid by the treasurer of the county to the treasurer of such hospital to be used by such treasurer in the maintenance, operation and support of such institution; provided that any county where there may be more than one hospital qualified to receive the proceeds of such tax, the quorum court at its meeting for the purpose of adopting the county's budget, shall provide for the apportionment of the proceeds of said tax between the institutions so qualified according to their respective needs.
[Amendment effective November 3, 1942. This is Amendment No. 32 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 3. Raising, reducing or abolishing tax - Petition and election.
Whenever one hundred or more electors of any county having a hospital tax in force shall file a petition with the county judge asking that such tax be raised, reduced or abolished, the question shall be submitted to the qualified electors at a general election. Such petition must be filed at least thirty days prior to the election at which it will be submitted to the voters. The ballots shall follow, as far as practicable, the form set out in Section 1 hereof, and the result shall be certified and proclaimed as provided in Section 2 hereof and shall be conclusive in like manner. The tax shall be lowered, raised or abolished as the case may be, according to the majority of qualified electors voting on the question at such election, provided, however, that it shall not be raised to more than one mill on the dollar. If lowered or raised the revised tax shall thereafter be continually levied and collected and the proceeds used in the manner and for the purposes provided in Section 2 hereof.
[Amendment effective November 3, 1942. This is Amendment No. 32 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 4. Amendment self executing.
This amendment shall be self executing and shall become a part of the constitution of the State of Arkansas when approved by a majority of the electors voting thereon at the next general election.
[Amendment effective November 3, 1942. This is Amendment No. 32 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9933.0 created by amendment 81 |
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Amendment 33.
Boards and Commissions Governing State Institutions
Sec. 1. Term of office of members.
The term of office of members of the boards or commissions charged with the management or control of all charitable, penal or correctional institutions and institutions of higher learning of the State of Arkansas, now in existence or hereafter created, shall be five years when the membership is five in number, seven years when the membership is seven in number, and ten years when the membership is ten in number. Such terms of office shall be arranged by the General Assembly to provide a membership with one term of office expiring every year from the effective date of this amendment. The unexpired terms of members serving on the effective date of this amendment shall not be decreased.
[Amendment effective November 3, 1942. This is Amendment No. 33 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 2. Abolition or transfer of powers of board or commission - Restrictions.
The board or commission of any institution, governed by this amendment, shall not be abolished nor shall the powers vested in any such board or commission be transferred, unless the institution is abolished or consolidated with some other State institution. In the event of abolition or consolidation, the new board or commission shall consist of a membership of five, seven, or ten.
[Amendment effective November 3, 1942. This is Amendment No. 33 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 3. Increase or decrease of members of board or commission prohibited.
The membership of any such board or commission now in existence shall not be increased or decreased in number after the effective date of this amendment nor shall the number of members of any such board or commission created after this amendment is in operation be increased or decreased subsequent to its creation.
[Amendment effective November 3, 1942. This is Amendment No. 33 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 4. Removal of member - Procedure - Appeal.
The Governor shall have the power to remove any member of such boards or commissions before the expiration of his term for cause only, after notice and hearing. Such removal shall become effective only when approved in writing by a majority of the total number of the board or commission, but without the right to vote by the member removed or by his successor, which action shall be filed with the Secretary of State together with a complete record of the proceedings at the hearing.
An appeal may be taken to the Pulaski Circuit Court by the Governor or the member ordered removed, and the same shall be tried de novo on the record. An appeal may be taken from the circuit court to the Arkansas Supreme Court, which shall likewise be tried de novo.
[Amendment effective November 3, 1942. This is Amendment No. 33 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 5. Vacancy - Filling.
Any vacancy arising in the membership of such board or commission for any reason other than the expiration of the regular term for which the member was appointed shall be filled by appointment by the Governor, subject to approval by a majority of the remaining members of the board or commission, and to be thereafter effective until the expiration of such regular term.
[Amendment effective November 3, 1942. This is Amendment No. 33 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9934.0 created by amendment 86 |
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Amendment 34.
Rights of Labor
Sec. 1. Discrimination for or against union labor prohibited.
No person shall be denied employment because of membership in or affiliation with or resignation from a labor union, or because of refusal to join or affiliate with a labor union; nor shall any corporation or individual or association of any kind enter into any contract, written or oral, to exclude from employment members of a labor union or persons who refuse to join a labor union, or because of resignation from a labor union; nor shall any person against his will be compelled to pay dues to any labor organization as a prerequisite to or condition of employment.
[Amendment effective November 3, 1942. This is Amendment No. 34 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 2. Enforcement of amendment - Legislation authorized.
The General Assembly shall have power to enforce this article by appropriate legislation.
[Amendment effective November 7, 1944. This is Amendment No. 34 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9935.0 created by amendment 88 |
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Amendment 35.
Wild Life - Conservation - Fish and Game Commission
Sec. 1. Commission created - Members - Powers.
The control, management, restoration, conservation and regulation of birds, fish, game and wildlife resources of the State, including hatcheries, sanctuaries, refuges, reservations and all property now owned, or used for said purposes and the acquisition and establishment of same, the administration of the laws now and/or hereafter pertaining thereto, shall be vested in a Commission to be known as the Arkansas State Game and Fish Commission, to consist of eight members. Seven of whom shall be active and one an associate member who shall be the Head of the Department of Zoology at the University of Arkansas, without voting power.
[Amendment effective November 3, 1942. This is Amendment No. 35 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 2. Qualifications and appointment of members - Terms of office of first commission.
Commissioners shall have knowledge of and interest in wildlife conservation. All shall be appointed by the Governor. The first members of the Commission shall be appointed by the Governor for terms as follows: One for one year, one for two years, one for three years, one for four years, one for five years, one for six years, and one for seven years. Each Congressional District must be represented on the Commission.
[Amendment effective November 3, 1942. This is Amendment No. 35 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 3. Term of office of members.
Upon the expiration of the foregoing terms of the said Commission, a successor shall be appointed by the Governor for a term of seven years, which term of seven years shall thereafter be for each member of the Commission. No Commissioner can serve more than one term and none can succeed himself.
[Amendment effective November 3, 1942. This is Amendment No. 35 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 4. Oath of office - Members serve without compensation - Expenses - Payment.
Each Commissioner shall take the regular oath of office provided in the Constitution and serve without compensation other than actual expenses while away from home engaged entirely on the work of the Commission.
[Amendment effective November 3, 1942. This is Amendment No. 35 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 5. Removal of members - Hearing - Review and appeal.
A Commissioner may be removed by the Governor only for the same causes as apply to other Constitutional Officers, after a hearing which may be reviewed by the Chancery Court for the First District with right of appeal therefrom to the Supreme Court, such review and appeal to be without presumption in favor of any finding by the Governor or the trial court.
[Amendment effective November 3, 1942. This is Amendment No. 35 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 6. Vacancies - Filling - Chairman of commission.
Vacancies on the Commission due to resignation or death shall be filled by appointment of the Governor for the unexpired term within thirty days from date of such vacancy; upon failure of the Governor to fill the vacancy within thirty days, the remaining Commissioners shall make the appointment for the unexpired term. A chairman shall be elected annually from the seven members of the Commission to serve one year.
[Amendment effective November 3, 1942. This is Amendment No. 35 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 7. Executive secretary and other personnel - Selection - Salaries and expenditures.
The Commission shall elect an Executive Secretary, whose salary shall not exceed that of limitations placed on other constitutional departments; and other executive officers, supervisor, personnel, office assistants, wardens, game refuge keepers, and hatchery employees, whose salaries and expenditures must be submitted to the Legislature and approved by an Act covering specific items in the biennial appropriation as covered by Article XVI Section 4 of the Constitution.
[Amendment effective November 3, 1942. This is Amendment No. 35 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 8. Nepotism prohibited - Powers of arrest - Funds - Use - Purposes - Game protection fund - Audit of accounts - Resident hunting and fishing licenses - Powers of commission.
No person shall be employed by the Commission who shall be related to any of the Commissioners or any other State officers within the third degree of relationship by blood or marriage. All employed personnel may make arrests for violation of the game and fish laws.
The fees, monies, or funds arising from all sources by the operation and transaction of the said Commission and from the application and administration of the laws and regulations pertaining to birds, game, fish and wildlife resources of the State and the sale of property used for said purposes shall be expended by the Commission for the control, management, restoration, conservation and regulation of the birds, fish and wildlife resources of the State, including the purchases or other acquisitions of property for said purposes and for the administration of the laws pertaining thereto and for no other purposes. All monies shall be deposited in the Game Protection Fund with the State Treasurer and such monies as are necessary, including an emergency fund, shall be appropriated by the Legislature at each legislative session for the use of the Game and Fish Commission as hereto set forth. No monies other than those credited to the Game Protection Fund can be appropriated.
All money to the credit of or that should be credited to the present Game Protection Fund shall be credited to the new Game Protection Fund and any appropriation made by the Legislature out of the Game Protection Fund shall be construed to be for the use of the new Commission and out of the new Game Protection Fund.
The books, accounts and financial affairs of the Commission shall be audited by the State Comptroller as that department deems necessary, but at least once a year.
Resident hunting and fishing license, each, shall be One and 50/100 Dollars annually, and shall not exceed this amount unless a higher license fee is authorized by an Act of Legislature.
The Commission shall have the exclusive power and authority to issue licenses and permits, to regulate bag limits and the manner of taking game and fish and furbearing animals, and shall have the authority to divide the State into zones, and regulate seasons and manner of taking game, and fish and furbearing animals therein, and fix penalties for violations. No rule or regulations shall apply to less than a complete zone, except temporarily in case of extreme emergency.
Said Commission shall have the power to acquire by purchase, gifts, eminent domain, or otherwise, all property necessary, useful or convenient for the use of the Commission in the exercise of any of its duties, and in the event the right of eminent domain is exercised, it shall be exercised in the same manner as now or hereafter provided for the exercise of eminent domain by the State Highway Commission. All laws now in effect shall continue in force until changed by the Commission. All contracts and agreements now in effect shall remain in force until the date of their expiration.
This amendment shall not repeal, alter or modify the provisions of any existing special laws under the terms of which a County Game Commission has been created:
The Commission shall be empowered to spend such monies as are necessary to match Federal grants under the Pittman-Robertson or similar acts for the propagation, conservation and restoration of game and fish.
This amendment shall become effective July 1, 1945.
[Amendment effective July 1, 1945. This is Amendment No. 35 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9936.0 created by amendment 96 |
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No Section Text |
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Amendment 36.
Poll Tax Exemption
Sec. 1. Members of the armed forces of United States.
Any citizen of Arkansas, while serving in the armed forces of the United States, may vote in any election, without having paid a poll tax, if otherwise qualified to vote in any such election. [See Amend. 51, Sec. 20]
[Amendment effective November 7, 1944. This is Amendment No. 36 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9937.0 created by amendment 97 |
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No Section Text |
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Amendment 37 is repealed. All 5 sections.
[Amendment effective November 7, 1976. This is Section 5 of Amendment No. 56 according to the numbering method for constitutional amendments used by the state of Arkansas, which also repealed Article 19, Section 23 and Constitutional Amendment No. 48 .]
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No Section Text |
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Amendment 37.
Section 1. The Executive Department of this State shall consist of a Governor, a Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, Attorney General and Commissioner of State Lands, all of whom shall keep their offices at the seat of Government, and hold their offices for the term of two years and until their successors are elected and qualified.
[Amendment effective November 7, 1944. This is Amendment No. 37 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Amendment 37 is repealed. All 5 sections.
[Amendment effective November 7, 1976. This is Section 5 of Amendment No. 56 according to the numbering method for constitutional amendments used by the state of Arkansas, which also repealed Article 19, Section 23 and Constitutional Amendment No. 48 .]
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No Section Text |
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Section 2. The annual salaries of such State Officers, which shall be paid in monthly installments shall be as follows:
The Governor, the sum of $10,000.00; the Lieutenant Governor, the sun if $2,500.00; the Secretary of State, the sum of $5,000.00; the Treasurer of State, the sum of $5,000.00; the Auditor of State, the sum of $5,000.00; the Attorney General, the sum of $6,000.00; and for the Commissioner of the State Lands, the sum of $5,000.00.
[Amendment effective November 7, 1944. This is Amendment No. 37 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Amendment 37 is repealed. All 5 sections.
[Amendment effective November 7, 1976. This is Section 5 of Amendment No. 56 according to the numbering method for constitutional amendments used by the state of Arkansas, which also repealed Article 19, Section 23 and Constitutional Amendment No. 48 .]
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No Section Text |
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Section 3. The members of the General Assembly shall receive as their salary the sum of twelve hundred ($1,200) dollars, except the Speaker of the House of Representatives, who shall receive his salary of thirteen hundred and fifty ($1,350) dollars for each period of two (2) years; and in addition to such salary the members of the General Assembly shall receive five cents per mile for each mile traveled in going to and returning from the seat of government over the most direct and practicable route; and provided, further that when said members are required to attend an extraordinary session of the General Assembly, they shall receive in addition to the salary herein provided, the sum of $6 per day for each day they are required to attend, and mileage, at the same rate herein provided.
[Amendment effective November 7, 1944. This is Amendment No. 37 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Amendment 37 is repealed. All 5 sections.
[Amendment effective November 7, 1976. This is Section 5 of Amendment No. 56 according to the numbering method for constitutional amendments used by the state of Arkansas, which also repealed Article 19, Section 23 and Constitutional Amendment No. 48 .]
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No Section Text |
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Section 4. That the General Assembly of Arkansas shall by law determine the amount and method of payment of salaries and expenses of Circuit Judges and Chancellors of the various Circuit and Chancery districts; provided that the salary and expenses of any Circuit Judge or Chancellor shall not be less than $4,800.00 nor more than $7,200.00 per year.
[Amendment effective November 7, 1944. This is Amendment No. 37 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Amendment 37 is repealed. All 5 sections.
[Amendment effective November 7, 1976. This is Section 5 of Amendment No. 56 according to the numbering method for constitutional amendments used by the state of Arkansas, which also repealed Article 19, Section 23 and Constitutional Amendment No. 48 .]
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No Section Text |
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Section 5. All parts and provisions of the Constitution of the State of Arkansas in conflict with this amendment are hereby repealed, and this amendment shall take effect and be in operation on January 1, 1947.
[Amendment adopted January 1, 1947.]
[This is Amendment No. 37 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Amendment 37 is repealed. All 5 sections.
[Amendment effective November 7, 1976. This is Section 5 of Amendment No. 56 according to the numbering method for constitutional amendments used by the state of Arkansas, which also repealed Article 19, Section 23 and Constitutional Amendment No. 48 .]
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Article 9938.0 created by amendment 102 |
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No Section Text |
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Section 1. Whenever 100 or more tax paying electors of any county shall file a petition in the County Court asking that an annual tax on real and personal property be levied for the purpose of maintaining a public county library or a county library service or system and shall specify a rate of taxation not exceeding one mill on the dollar, the question as to whether said tax shall be levied shall be submitted to the qualified electors of such county at a general county election. Such petition must be filed at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall be in substantially the following form:
FOR a _____ mill tax on real and personal property to be used for the maintenance of a public county library or county library service or system.
AGAINST a _____ mill tax on real and personal property to be used for the maintenance of a public county library or county library service or system
[This is Section 1 of Amendment No. 38 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 1. Petition for tax levy - Election.
Whenever 100 or more taxpaying electors of any county shall file a petition in the County Court asking that an annual tax on real and personal property be levied for the purpose of maintaining and operating a public county library or a county library service or system and shall specify a rate of taxation not to exceed five mills on the dollar, the question as to whether said tax shall be levied shall be submitted to the qualified electors of such county at a general or special election. Such petition must be filed at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall be in substantially the following form:
FOR a ______ mill tax on real and personal property to be used for maintenance and operation of a public county library or county library service or system.
AGAINST a ______ mill tax on real and personal property to be used for maintenance and operation of a public county library or county library service or system. [As amended by Const. Amend. 72, Sec. 4.]
[Amendment effective November, 1992. This is Section 4 of Amendment No. 72 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 2. Result of election - Certification - Record - Tax levy - Funds - Disbursement.
The election commissioners shall certify to the County Judge the result of the vote. The County Judge shall cause the result of the election to be entered of record in the County Court. The result so entered shall be conclusive unless attacked in the courts within thirty days. If a majority of the qualified electors voting on the question at such election vote in favor of the specified tax, then it shall thereafter be continually levied and collected as other general taxes of such county are levied and collected; provided, however, that such tax shall not be levied against any real or personal property which is taxed for the maintenance of a city library, pursuant to the provisions of Amendment No. 30; and no voter residing within such city shall be entitled to vote on the question as to whether county tax shall be levied. The proceeds of any tax voted for the maintenance of a county public library or county library service or system shall be segregated by the county officials and used only for that purpose. Such funds shall be held in the custody of the County Treasurer. No claim against said funds shall be approved by the County Court unless first approved by the County Library Board, if there is a county Library Board functioning under Act 244 of 1927 [17-1001-17-1011], or similar legislation.
[Adopted November 6, 1946. This is Section 2 of Amendment No. 38 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Section 3. Whenever 100 or more tax paying electors of any county having library tax in force shall file a petition in the County Court asking that such tax be raised, reduced or abolished, te question shall be submitted to the qualified electors at a general election. Such petition must be filed at least thirty days prior to the election at which it shall be submitted to the voters. The ballot shall follow, as far as practicable, the form set forth in Section 1 hereof. The result shall be certified and entered of record as provided in Section 2 hereof, and the result as entered of record shall be conclusive unless attacked in the courts within thirty days. The tax shall be lowered, raised or abolished, as the case may be, according to a majority of the qualified electors voting on the question at such election; provided, however, that it shall not be raised to mare than one mill on the dollar. If lowered or raised, the revised tax shall thereafter be continually levied and collected and proceeds used in the manner and for the purposed as provided in Section 2 hereof.
[Adopted November 6, 1946. This is Section 3 of Amendment No. 38 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 3. Raising, reducing or abolishing tax - Petition and election.
Whenever 100 or more taxpaying electors of any county having library tax in force shall file a petition in the County Court asking that such tax be raised, reduced or abolished, the question shall be submitted to the qualified electors at a general or special election. Such petition must be filed at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall follow, as far as practicable, the form set forth in Section 1 hereof. The result shall be certified and entered of record as provided in Section 2 hereof, and the result as entered of record shall be conclusive unless attacked in the courts within thirty days. Subject to the limitations of Section 5(e) hereof, the tax shall be lowered, raised or abolished, as the case may be, according to the majority of qualified electors voting on the question at such election. If lowered or raised, the revised tax shall thereafter be continually levied and collected and proceeds used in the manner and for the purposes as provided in Section 2 hereof. [As amended by Const. Amend. 72, Sec. 5.]
[Amendment effective November, 1992. This is Section 5 of Amendment No. 72 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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No Section Text |
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Sec. 4. Co-ordination of county with city library.
Nothing herein shall be construed as preventing the co-ordination of the services of a city public library and county public library, or the coordination of the services of libraries of different counties.
[Adopted November 6, 1946. This is Section 4 of Amendment No. 38 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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No Section Text |
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Sec. 5. Petition for tax levy - Election.
(a) Whenever 100 or more taxpaying electors of any county shall file a petition in the County Court asking that an annual tax on real and personal property be levied for the purpose of capital improvements to or construction of a public county library or a county library service or system and shall specify a rate of taxation not to exceed three mills on the dollar, the question as to whether said tax shall be levied shall be submitted to the qualified electors of such county at a general or special election. Such petition must be filed at least thirty days prior to the election at which it will be submitted to the voters. The ballot shall be in substantially the following form:
FOR a ______ mill tax on real and personal property to be used for capital improvements to or construction of a public county library or county library service or system.
AGAINST a ______ mill tax on real and personal property to be used for capital improvements to or construction of a public county library or county library service or system.
(b) The voters may authorize the County Court to issue bonds as prescribed by law for capital improvements to or construction of the library and to authorize the pledge of all, or any part of, the tax authorized in Section 1 of this Amendment for the purpose of retiring the bonds. The interest rate on any bonds shall not exceed the rate provided in this Constitution. The ballot submitting the question to the voters shall be in substantially the following form:
For a ______ mill tax on real and personal property within the county, to be pledged to an issue or issues of bonds not to exceed $____, in aggregate principal amount, to finance capital improvements to or construction of the county library or county library service or system, and to authorize the issuance of the bonds on such terms and conditions as shall be approved by the County Court.
Against a ______ mill tax on real and personal property within the county, to be pledged to an issue or issues of bonds not to exceed $____, in aggregate principal amount, to finance capital improvements to or construction of the county library or county library service or system, and to authorize the issuance of the bonds on such terms and conditions as shall be approved by the County Court.
(c) The maximum rate of any special tax to pay bonded indebtedness, as authorized by paragraph (b) hereof shall be stated on the ballot.
(d) The special tax for payment of bonded indebtedness authorized in paragraph (b) hereof shall constitute a special fund pledged as security for the payment of such indebtedness. The special tax shall never be extended for any purpose, nor collected for any greater length of time than necessary to retire such bonded indebtedness, except that tax receipts in excess of the amount required to retire the debt according to its terms may, subject to covenants entered into with the holders of the bonds, be pledged as security for the issuance of additional bonds if authorized by the voters. The tax for such additional bonds shall terminate within the time provided for the tax originally imposed. Upon retirement of the bonded indebtedness, any surplus tax collections, which may have accumulated, shall be transferred to the general funds of the county, and shall be used for maintenance of the county library or county library service or system.
(e) Notwithstanding any other provision of this Amendment, a tax approved by the voters for the purpose of paying the bonded indebtedness shall not be reduced or diminished, nor shall it be used for any other purpose than to pay principal of, premium or interest on, and the reasonable fees of a trustee or paying agent, so long as the bonded indebtedness shall remain outstanding and unpaid. [Added by Const. Amend. 72, Sec. 6.]
[Amendment effective November, 1992. This is Section 6 of Amendment No. 72 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9939.0 created by amendment 106 |
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No Section Text |
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Amendment 39.
Voter Registration Laws
Sec. 1. Authority to enact registration law.
The General Assembly shall have power to enact laws providing for a registration of voters prior to any general, special, or primary election, and to require that the right to vote at any such election shall depend upon such previous registration.
[Amendment effective November 2, 1948. This is Amendment No. 39 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9941.0 created by amendment 108 |
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No Section Text |
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Amendment 41.
Election of County Clerks
Election of county clerk.
The provisions for the election of a County Clerk upon a population basis are hereby abolished and there may be elected a County Clerk in like manner as a Circuit Clerk, and in such cases, the County Clerk may be ex officio Clerk of the Probate Court of such county until otherwise provided by the General Assembly.
[Amendment effective November 4, 1952. This is Amendment No. 41 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9942.0 created by amendment 109 |
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No Section Text |
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Amendment 42.
State Highway Commission
Sec. 1. Commission created - Members - Powers.
There is hereby created a State Highway Commission which shall be vested with all the powers and duties now or hereafter imposed by law for the administration of the State Highway Department, together with all powers necessary or proper to enable the Commission or any of its officers or employees to carry out fully and effectively the regulations and laws relating to the State Highway Department.
[Amendment effective November 4, 1952. This is Amendment No. 42 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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No Section Text |
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Sec. 2. Qualifications and appointment of members - Terms of office of first commission.
Within ten days after the convening of the General Assembly of the State of Arkansas in the year 1953, the Governor, by and with the advice and consent of the Senate, shall appoint five persons who are qualified electors of the State to constitute the State Highway Commission for terms of two, four, six, eight and ten years respectively. The terms of the persons so appointed shall be determined by lot. The Commissioners to be appointed from the State at large; provided, however, that no two Commissioners shall be appointed from any single Congressional District.
In the event of rejection by the Senate of a person whose name has been so submitted, the Governor shall within five days after receipt of written notice from the Secretary of the Senate of such rejection submit the name of another appointee to fill such vacancy. In the event the Governor should within five days thereafter fail to appoint or fail to submit to the Senate for confirmation the name of any person to be appointed, the Senate shall proceed to make the appointment of its own choice.
[Amendment effective November 4, 1952. This is Amendment No. 42 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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No Section Text |
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Sec. 3. Terms of office of members.
Upon the expiration of the foregoing terms of said Commissioners, a successor shall be appointed by the Governor in the manner provided for in Section 2 for a term of ten years, which term shall thereafter be for each member of the Commission.
[Amendment effective November 4, 1952. This is Amendment No. 42 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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No Section Text |
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Sec. 4. Removal of members - Hearing - Review and appeal.
A Commissioner may be removed by the Governor only for the same causes as apply to other constitutional officers after a hearing which may be reviewed by the Chancery Court for the First District with right of appeal therefrom to the Supreme Court, such review and appeal to be without presumption in favor of any finding by the Governor or the trial court, and provided further, in addition to the right of confirmation hereinabove reserved to the Senate, the Senate may upon the written request of at least Five (5) of its members that a member or members of the Commission should be removed therefrom, proceed, when in session, to hear any and all evidence pertinent to the reasons for removal. The member or members whose removal is so requested shall be entitled to be heard in the matter and to be represented before the Senate by legal Counsel. These proceedings conducted by the Senate shall be public and a transcript of the testimony so heard shall be prepared and preserved in the journal of the Senate. The taking of evidence either orally or by deposition shall not be bound by the formal rules of evidence. Upon the conclusion of the hearing, the Senate, sitting as a body in executive session, may remove said member or members of the Commission by a majority vote conducted by secret ballot.
[Amendment effective November 4, 1952. This is Amendment No. 42 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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No Section Text |
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Sec. 5. Vacancies - Filling.
Vacancies on the Commission due to resignations, death or removal shall be filled by appointment of the Governor for the unexpired term within thirty days from the date of such vacancy. Upon failure of the Governor to fill the vacancy within thirty days, the remaining Commissioners shall make the appointment for the unexpired term.
[Amendment effective November 4, 1952. This is Amendment No. 42 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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No Section Text |
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Sec. 6. Director of Highways.
The Commission shall appoint a Director of Highways who shall have such duties as may be prescribed by the Commission or by statute.
[Amendment effective November 4, 1952. This is Amendment No. 42 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9943.0 created by amendment 115 |
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No Section Text |
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Amendment 43.
Salaries and Expenses of Judicial Officers
Sec. 1. Salaries and expenses of judges.
The General Assembly shall by law determine the amount and method of payment of salaries and expenses of the judges of the Supreme Court, Circuit Courts, Chancery Courts, and Municipal Courts of Arkansas; provided such salaries and expenses may be increased but not diminished during the term for which such judges are elected; provided further that the salaries of Circuit and Chancery Judges shall be uniform throughout the state.
[Amendment effective November 6, 1956. This is Amendment No. 43 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9944.0 created by amendment 116 |
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No Section Text |
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Amendment 69.
Protection of States' Rights
Section 1:Amendment 44 to the Arkansas Constitution is hereby repealed.
[Amendment effective November 6, 1990. This is Amendment No. 69 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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No Section Text |
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Amendment 44. Protection of States' Rights
Section 1: From and after the Adoption of the State of Arkansas shall take appropriate action and pass laws opposing in every Constitutional manner the Un-Constituional desegregation decisions of May 17, 1954 and May 31, 1955 of the United States Supreme Court, including interposing the sovereignty of the State of Arkansas to the end of nullification of these and all deliberate, palpable and dangerous invasions of encroachments upon rights and powers not delegated to the United States nor prohibited to the States by the Constitution of the United States and Amendments thereto, and those rights and powers reserved to the States and to the People thereof by any department, commission, officer, or employee of such department or commission of the Government of the United States, or of any government of any Nation or Federation of nations acting upon the apparent authority granted them by or assumed by them from the Government of the United States. Said opposition shall continue steadfast until such time as such Un-Constitutional invasions or encroachments shall have abated or shall have been rectified, or the same shall be transformed into an Amendment to the constitution of the United States and adopted by action of three-fourths of the States as provided therein.
Arkansas Constitution
[Amendment effective November 6, 1956. This is Amendment No. 44 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Amendment 69.
Protection of States' Rights
Section 1:Amendment 44 to the Arkansas Constitution is hereby repealed.
[Amendment effective November 6, 1990. This is Amendment No. 69 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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No Section Text |
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This section of the amendment is an unconstitutional violation of the equal protection clause of the U.S. Constitution.
Section 2: The General Assembly shall enact laws to insure the administration and enforcement of the spirit and letter of this Amendment; and shall appropriate adequate fund to effect the same, including a proportionate share of such expenses as may be necessary for the maintenance of regional committees created among the States for the preservation of rights belonging to the States and the people thereof.
Arkansas Constitution
This section specifically was written to make segregation statues legal, but it is itself unconstitutional.
[Amendment effective November 6, 1956. This is Amendment No. 44 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Amendment 69.
Protection of States' Rights
Section 1:Amendment 44 to the Arkansas Constitution is hereby repealed.
[Amendment effective November 6, 1990. This is Amendment No. 69 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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No Section Text |
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Section 3: The General Assembly shall enact such laws under the Police Powers reserved to the States as may be necessary to regulate health, morals, education, marriage, good order and to insure the domestic tranquility of the citizens of the State of Arkansas.
[Amendment effective November 6, 1956. This is Amendment No. 44 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Amendment 69.
Protection of States' Rights
Section 1:Amendment 44 to the Arkansas Constitution is hereby repealed.
[Amendment effective November 6, 1990. This is Amendment No. 69 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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No Section Text |
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Section 4: No public official or employee of the State of Arkansas or of any political subdivision thereof shall have immunity from arrest, prosecution and trial for the violation of such penal laws as the General Assembly shall provide for the willful failure and refusal to carry out the clear mandates of this Amendment; and in addition to the penalties provided for by the General Assembly, shall automatically forfeit his or her office.
Arkansas Constitution
[Amendment Adopted November 6, 1956.]
[Repealed by Const. Amend. 69, Sec. 1]
[This is Amendment No. 44 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Amendment 69.
Protection of States' Rights
Section 1:Amendment 44 to the Arkansas Constitution is hereby repealed.
[Amendment effective November 6, 1990. This is Amendment No. 69 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9946.0 created by amendment 126 |
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No Section Text |
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Amendment 46.
Horse Racing and Pari-mutuel Wagering at Hot Springs
Sec. 1. Horse racing and pari-mutuel wagering lawful at Hot Springs.
Horse racing and pari-mutuel wagering thereon shall be lawful in Hot Springs, Garland County, Arkansas, and shall be regulated by the General Assembly.
[Amendment effective November 6, 1956. This is Amendment No. 46 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9947.0 created by amendment 127 |
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No Section Text |
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Amendment 47.
State Ad Valorem Tax Prohibition
Sec. 1. State ad valorem tax prohibited.
No ad valorem tax shall be levied upon property by the State.
[Amendment effective November 4, 1958. This is Amendment No. 47 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9948.0 created by amendment 128 |
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No Section Text |
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Amendment 48 is repealed. Both sections.
[Amendment effective November 7, 1976. This is Section 5 of Amendment No. 56 according to the numbering method for constitutional amendments used by the state of Arkansas, which also repealed Article 19, Section 23 and Constitutional Amendment No. 37 .]
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No Section Text |
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Amendment 48.
Compensation of Members of General Assembly
Section 1. The members of the General Assembly shall receive as their salary the sum of Twelve Hundred ($1,200.00) Dollars per annum, except the Speaker of the House of Representatives, who shall receive his salary of Thirteen Hundred and Fifty ($1,350.00) Dollars per annum, with such salaries to be payable in equal monthly installments; and in addition to such salary the members of the General Assembly shall receive Twenty ($20.00) Dollars per day for each day the General Assembly is in regular session, and shall receive five cents per mile for each mile traveled in going to and returning from the seat of government over the most direct and practicable route; and provided, further, that when the members are required to attend an extraordinary session of the General Assembly, they shall receive in addition to the salary herein provided, the sum of Six ($6.00) Dollars per day for each day they are required to attend, and mileage, at the same rate herein provided.
[Amendment effective November 4, 1958. This is Amendment No. 48 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Section 2. All provisions of the State of Arkansas in conflict herewith are hereby repealed.
[Amendment adopted November 4, 1958.]
[Repealed by Amend. 56 Sec. 5. This is Amendment No. 48 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Amendment 48 is repealed. Both sections.
[Amendment effective November 7, 1976. This is Section 5 of Amendment No. 56 according to the numbering method for constitutional amendments used by the state of Arkansas, which also repealed Article 19, Section 23 and Constitutional Amendment No. 37 .]
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No Section Text |
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Amendment 48 is repealed. Both sections.
[Amendment effective November 7, 1976. This is Section 5 of Amendment No. 56 according to the numbering method for constitutional amendments used by the state of Arkansas, which also repealed Article 19, Section 23 and Constitutional Amendment No. 37 .]
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Article 9949.0 created by amendment 130 |
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No Section Text |
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Amendment 49 is repealed.
All provisions of the Constitution of 1874, or Amendments thereto in conflict with this Amendment including, but not limited to Amendment Numbers 13, 17, 25, and 49, are hereby repealed.
[Amendment effective November 6, 1984. This is Section 11 of Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas, which also amended Constitutional Amendment Nos. 13, 17, and 25.]
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No Section Text |
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Amendment 49.
Industrial Development Bonds Authority
Section 1. Any city of the first or second class, any incorporated town, and any county, may issue, by and with the consent of the majority of the qualified electors of said municipality or county voting on the question at an election held for the purpose, bonds in sums approved by such majority at such election for the purpose of securing and developing industry within or near the said municipality holding the election, or within the county holding the election.
[Repealed by Amend. 56 Sec. 5. This is Amendment No. 49 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Amendment 49 is repealed.
All provisions of the Constitution of 1874, or Amendments thereto in conflict with this Amendment including, but not limited to Amendment Numbers 13, 17, 25, and 49, are hereby repealed.
[Amendment effective November 6, 1984. This is Section 11 of Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas, which also amended Constitutional Amendment Nos. 13, 17, and 25.]
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No Section Text |
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Section 2. Such bonds shall bear interest at a rate not to exceed six per centum (6%) per annum and shall be sold only at public sale after twenty (20) days advertisement in a newspaper having a bona fide circulation in the municipality or county issuing such bonds; provided, however, that the said municipality or county may exchange such bonds for bonds of like amount, rate of interest, and length of time.
[Repealed by Amend. 56 Sec. 5. This is Amendment No. 49 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Amendment 49 is repealed.
All provisions of the Constitution of 1874, or Amendments thereto in conflict with this Amendment including, but not limited to Amendment Numbers 13, 17, 25, and 49, are hereby repealed.
[Amendment effective November 6, 1984. This is Section 11 of Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas, which also amended Constitutional Amendment Nos. 13, 17, and 25.]
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No Section Text |
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Section 3. To provide for the payment of such bonds, principal and interest, as they mature, the municipality or county may levy a special tax, payable annually, not to exceed five (5) mills on the dollar, in addition the legal rate permitted on the real and personal property therein; provided, however, the municipality or county may, from time to time, suspend the collection of such annual levy when not required for the payment of its bonds; and provided further, however, that in no event shall the real and personal taxable property in any city or town be subject to a special tax in excess of five (5) mills for bonds issued hereunder.
[Repealed by Amend. 56 Sec. 5. This is Amendment No. 49 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Amendment 49 is repealed.
All provisions of the Constitution of 1874, or Amendments thereto in conflict with this Amendment including, but not limited to Amendment Numbers 13, 17, 25, and 49, are hereby repealed.
[Amendment effective November 6, 1984. This is Section 11 of Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas, which also amended Constitutional Amendment Nos. 13, 17, and 25.]
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Section 4. Such bonds shall be serial, maturing annually after three years for date of issue, and shall be paid as they mature, and no such bonds shall be issued for a period longer than (30) years.
[Repealed by Amend. 56 Sec. 5. This is Amendment No. 49 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Amendment 49 is repealed.
All provisions of the Constitution of 1874, or Amendments thereto in conflict with this Amendment including, but not limited to Amendment Numbers 13, 17, 25, and 49, are hereby repealed.
[Amendment effective November 6, 1984. This is Section 11 of Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas, which also amended Constitutional Amendment Nos. 13, 17, and 25.]
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Section 5. The governing body of the municipality or the County Court of the county shall exercise jurisdiction over the sale or exchange of any such bonds voted by the electors at an election held for the purpose and shall expend economically the funds so provided.
[Repealed by Amend. 56 Sec. 5. This is Amendment No. 49 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Amendment 49 is repealed.
All provisions of the Constitution of 1874, or Amendments thereto in conflict with this Amendment including, but not limited to Amendment Numbers 13, 17, 25, and 49, are hereby repealed.
[Amendment effective November 6, 1984. This is Section 11 of Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas, which also amended Constitutional Amendment Nos. 13, 17, and 25.]
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Section 6. The election on the issuance of such bonds shall be held at such time as the governing body of the municipality may designate by order, or as the County Judge of the county may designate by order, which ordinance or order shall state the sum total of the issue, the dates of maturities thereof and shall fix the date of election so that it shall not occur earlier than thirty (30) days after the passage of the said ordinance or the granting or said order. The said election shall be held and conducted, the vote thereof canvassed, and the result thereof declared under the law and in the manner now or hereafter provided for county elections, when the election is held by a county, so far as the same may be applicable, except as herein otherwise provided. Notice of the election shall be given by the Mayor of the municipality or by the County Judge of the county by advertisement weekly for at least four times in some newspaper having a bona fide circulation in the said municipality or county, with the last publication not to be less than ten (10) days prior to the date of said election. Only qualified electors of the said municipality or county shall have a right to vote at the said election; provided, however, that when an election is held by the county, if any city or town within such county has previously voted a levy of five mills under the provisions of this amendment which levy shall not have expired at the time of the election held by the county, then the electors of such city or town shall not be eligible to vote in the county election. The result of the said election shall be proclaimed by the Mayor of the municipality or by the County Judge of the county, and the result as proclaimed shall be conclusive, unless attacked in the courts within thirty (30) days after the date of such proclamation.
[Repealed by Amend. 56 Sec. 5. This is Amendment No. 49 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Amendment 49 is repealed.
All provisions of the Constitution of 1874, or Amendments thereto in conflict with this Amendment including, but not limited to Amendment Numbers 13, 17, 25, and 49, are hereby repealed.
[Amendment effective November 6, 1984. This is Section 11 of Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas, which also amended Constitutional Amendment Nos. 13, 17, and 25.]
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Section 7. All provisions of the Constitution, or amendments thereto, in conflict herewith are, to the extent of such conflict hereby repealed.
[Amendment adopted November 4, 1958.]
[Repealed by Amend. 62 Sec. 11. This is Amendment No. 49 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Amendment 49 is repealed.
All provisions of the Constitution of 1874, or Amendments thereto in conflict with this Amendment including, but not limited to Amendment Numbers 13, 17, 25, and 49, are hereby repealed.
[Amendment effective November 6, 1984. This is Section 11 of Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas, which also amended Constitutional Amendment Nos. 13, 17, and 25.]
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Article 9950.0 created by amendment 138 |
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Sec. 1. Repeal of Article III, Section 3.
[Amendment effective January 15, 1963 This is Section 1 of Amendment No. 50 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 2. Elections by ballot or voting machines authorized.
All elections by the people shall be by ballot or by voting machines which insure the secrecy of individual votes.
[Amendment effective January 15, 1963 This is Section 2 of Amendment No. 50 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 3. Numbering and recording of ballots - Disclosure of vote prohibited - Exception.
In elections by ballot every ballot shall be numbered in the order in which it is received, the number shall be recorded by the election officers on the list of voters opposite the name of the elector who presents the ballot, and the election officers shall be sworn or affirmed not to disclose how any elector voted unless required to do so as witnesses in a judicial proceeding or a proceeding to contest an election.
[Amendment effective January 15, 1963 This is Section 3 of Amendment No. 50 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 4. Voting machines.
Voting machines may be used to such extent and under such rules as may be prescribed by the General Assembly.
[Amendment effective January 15, 1963. This is Amendment No. 50 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9951.0 created by amendment 142 |
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Amendment 51.
Voter Registration
Sec. 1. Statement of policy.
The purpose of this amendment is to establish a system of permanent personal registration as a means of determining that all who cast ballots in general, special and primary elections in this State are legally qualified to vote in such elections, in accordance with the Constitution of Arkansas and the Constitution of the United States.
[Amendment effective January 15, 1963. This is Amendment No. 51 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 2. Definitions.
As used in this amendment, the terms:
(a) "County Board of Registration" means the County Board of Election Commissioners in each of the several counties of this State.
(b) "Permanent Registrar" means the County Clerk in each of the several counties of this State.
(c) "Deputy Registrar" means the Deputy County Clerk or clerical assistants appointed by the County Clerk.
(d) "Election" means any general, special or primary election held pursuant to any provisions of the Constitution or statutes of the State of Arkansas; provided, that this amendment shall not apply to selection of delegates to party conventions by party committees or to selection of party committeemen by party conventions.
[Amendment effective January 15, 1963. This is Amendment No. 51 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 3. Application.
No person shall vote or be permitted to vote in any election unless registered in a manner provided for by this amendment.
[Amendment effective January 15, 1963. This is Amendment No. 51 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 4. Permanent registration.
When a voter is once registered under the provisions of this amendment, it is unnecessary for such voter again to register unless such registration is canceled or subject to cancellation in a manner provided for by this amendment.
[Amendment effective January 15, 1963. This is Amendment No. 51 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 5. Duties of registration officials.
(a) Voter registration agencies shall distribute mail voter registration applications, provide assistance to applicants in completing voter registration application forms, unless the applicant refuses assistance, and accept completed voter registration application forms for transmittal to the appropriate permanent registrar via the Secretary of State. Voter registration agencies include the following:
(1) The Office of Driver Services of the Revenue Division of the Department of Finance and Administration and all State Revenue Offices;
(2) Public assistance agencies, which shall mean those agencies that provide services under the Food Stamps, Medicaid, Aid to Families with Dependent Children (AFDC) and the Special Supplemental Food Program for Women, Infants and Children (WIC) programs;
(3) Disabilities agencies, which shall mean agencies that offer state-funded programs primarily engaged in providing services to persons with disabilities;
(4) Public libraries; and
(5) The Arkansas National Guard.
(b) (1) The Secretary of State is designated as the chief election official. The Secretary shall prepare and distribute the pre-addressed postcard mail voter registration application forms described in 51-6. Mail registration application forms shall serve for purposes of initial applications to register and shall also service for changes of name, address, or party affiliation. Bilingual (Spanish/English) forms, braille forms and large print forms shall be available upon request. The Secretary of State shall make the state mail voter registration application form available for distribution through governmental and private entities with particular emphasis on making them available for organized voter registration programs. Any person may distribute state registration cards. All registration cards shall be distributed to the public without charge.
(2) The Office of Driver Services and State Revenue Offices shall provide voter registration opportunities to those obtaining or renewing drivers licenses, personal identification cards, duplicate or corrected licenses or cards, or changing address or name whether in person or by mail. The Office of Driver Services and State Revenue Offices shall use a computer process, which combines the drivers license and voter registration applications, minimizing duplicative information, and shall have available the federal or state mail voter registration application form, which may be used upon request or when the computer process is not available. If a person declines to apply to register to vote, the Office of Driver Services or State Revenue Office shall retain the record of declination for two (2) years.
(3) All public assistance agencies shall provide a federal or state mail voter registration application form with each application for assistance, and with each recertification, renewal or change of address or name relating to such assistance. Public assistance agencies shall provide voter registration application forms as part of the intake process, or as a combined computer process when a computer process is available. Public assistance agencies shall use a process or form that combines the application for assistance with the voter registration application when available. Public assistance agencies shall also provide declination forms as described in 51-6, which shall be retained for two (2) years if an applicant declines to apply to register to vote.
(4) All disabilities agencies shall provide a federal or state mail voter registration application form with each application for services and with each recertification, renewal or change of address or name relating to such services. Disabilities agencies shall provide voter registration application forms as part of the intake process, or as a combined computer process when a computer process is available. Disabilities agencies may use a form that combines the application for services or assistance with the voter registration application when available. If the disabilities agency provides services in a person's home, then the agency shall also provide voter registration services at the person's home. Disabilities agencies shall also provide declination forms as described in 51-6, which shall be retained for two (2) years if an applicant declines to apply to register to vote.
(c) (1) Employees of the Office of Driver Services and State Revenue Offices shall provide appropriate nonpartisan voter registration assistance and provide all applicants with a receipt containing the applicant's name and the date of the submission.
(2) Public assistance agencies and disabilities agencies shall train agency employees to provide the same degree of assistance in completing voter registration forms as is provided with regard to the completion of agency forms, unless the applicant refuses such assistance.
(3) Each revenue office, public assistance agency and disabilities agency shall provide ongoing training for employees who will be assisting persons with voter registration applications and shall include information regarding training procedures in the report filed with the Secretary of State pursuant to 51-8(d).
(4) A person who provides voter registration assistance through any voter registration agency shall not:
(A) Seek to influence an applicant's political preference or party registration;
(B) Display any such political preference or party allegiance;
(C) Make any statement to an applicant or take any action to the purpose or effect of discouraging the applicant from registering to vote;
(D) Make any statement to an applicant or take any action to the purpose or effect of leading the applicant to believe that a decision to register or not to register has any bearing on the availability of services or benefits; or
(E) Disclose any applicant's voter registration information, except as necess |
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Sec. 6. Voter registration application forms.
(1) The mail voter registration application form may only require identifying information, including signature or mark, and other information, including data relating to previous registration by the applicant, as is necessary to assess the applicant's eligibility and to administer voter registration and other parts of the election process.
(2) Such forms shall include, in identical print, statements that:
(A) specify voter eligibility requirements;
(B) contain an attestation that the applicant meets all voter eligibility requirements;
(C) specify the penalties provided by law for submission of a false voter registration application;
(D) inform applicants that where they register to vote will be kept confidential; and
(E) inform applicants that declining to register will also be kept confidential.
(3) The following information will be required of the applicant:
(A) Full name;
(B) Mailing address;
(C) Residence address and any other information necessary to identify the residence of the applicant;
(D) If previously registered, the name then supplied by the applicant, and the previous address, county and state;
(E) Date of birth;
(F) A signature or mark made under penalty of perjury that the applicant meets each requirement for voter registration; and
(G) If the applicant is unable to sign his name, the name, address and telephone number of the person providing assistance.
(4) The following information may be requested on the registration card, but it shall not be required:
(A) Telephone number where the applicant may be contacted;
(B) Social Security number or driver's license number; and
(C) Political party with which the applicant wishes to be affiliated, if any.
(5) The mail voter registration application shall not include any requirement for notarization or other formal authentication.
(6) The mail voter registration application shall be pre-addressed to the Secretary of State.
(1) The voter registration application portion of the process used by the Office of Driver Services and State Revenue Offices shall include:
(A) the question, if you are not registered to vote where you live now, would you like to apply to register to vote here today;
(B) a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register will remain confidential and will be used only for voter registration purposes;
(C) a statement that if an applicant does register to vote, the office at which the applicant submits a voter registration application will remain confidential and will be used only for voter registration purposes;
(D) voter registration eligibility requirements;
(E) penalties provided by law for providing false information;
(F) an attestation that the applicant meets each eligibility requirement; and
(G) a space for the applicant's signature or mark.
(2) The voter registration application portion shall require the signature of the applicant under penalty of perjury, but shall not require notarization or other formal authentication.
(c) Public assistance agencies and disabilities agencies shall provide, in addition to the federal or state mail voter registration application form, a declination form, to be approved by the State Board of Election Commissioners, which includes the following question and statements:
(1) The question, in prominent type, "IF YOU ARE NOT REGISTERED TO VOTE WHERE YOU LIVE NOW, WOULD YOU LIKE TO APPLY TO REGISTER TO VOTE HERE TODAY? YES . . . NO . . .";
(2) The statement in close proximity to the question above and in equally prominent type, "IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS TIME";
(3) The statement, "APPLYING TO REGISTER OR DECLINING TO REGISTER TO VOTE WILL NOT AFFECT THE AMOUNT OF ASSISTANCE THAT YOU WILL BE PROVIDED BY THIS AGENCY";
(4) The statement, "IF YOU WOULD LIKE HELP IN FILLING OUT THE VOTER REGISTRATION APPLICATION FORM, WE WILL HELP YOU. THE DECISION WHETHER TO SEEK OR ACCEPT HELP IS YOURS. YOU MAY FILL OUT THE APPLICATION FORM IN PRIVATE";
(5) The statement, "IF YOU BELIEVE THAT SOMEONE HAS INTERFERED WITH YOUR RIGHT TO REGISTER OR TO DECLINE TO REGISTER TO VOTE, YOUR RIGHT TO PRIVACY IN DECIDING WHETHER TO REGISTER OR IN APPLYING TO REGISTER TO VOTE, OR YOUR RIGHT TO CHOOSE YOUR OWN POLITICAL PARTY OR OTHER POLITICAL PREFERENCE, YOU MAY FILE A COMPLAINT WITH THE SECRETARY OF STATE AT . . . . " (filled by the address and telephone number of the Secretary of State's office);
(6) The statement, "IF YOU DECLINE TO REGISTER TO VOTE, THE FACT THAT YOU HAVE DECLINED TO REGISTER WILL REMAIN CONFIDENTIAL AND WILL BE USED ONLY FOR VOTER REGISTRATION PURPOSES"; and
(7) The statement, "IF YOU DO REGISTER TO VOTE, THE OFFICE AT WHICH YOU SUBMIT A VOTER REGISTRATION APPLICATION WILL REMAIN CONFIDENTIAL AND WILL BE USED ONLY FOR VOTER REGISTRATION PURPOSES".
[Amendment effective January 15, 1963. This is Amendment No. 51 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 7. Registration record files.
(a) In each county, the Permanent Registrar shall maintain the following voter registration record files for all voters legally resident within that county:
(1) the County Voter Registration File, which shall contain voter registration records for the whole county, including the inactive registration records of persons who have failed to respond to address confirmation mailings described in 51-10;
(2) if a county is divided into more than one (1) congressional district, then Congressional District Voter Registration Files, which shall contain only the voter registration records of county residents that reside within the same congressional district.
(3) a List Maintenance File, which shall contain lists of persons receiving address confirmation notices or final address confirmation notices or both and the person's response; and
(4) a File of Cancelled Voter Registration Records, which shall contain cancelled voter registration records and documentation noting the reason for cancellation.
(b) The Permanent Registrar of each county shall maintain copies of the precinct voter registration lists from the County Voter Registration File as necessary for holding elections.
(c) Persons with an inactive voter registration status may activate their voting status by appearing to vote at the precinct in which they currently reside or by updating their voter registration records.
(d) The County Board of Registration or other lawfully designated election officials shall cause the appropriate Precinct Voter Registration Lists to be at the polling places on the date of elections, and shall return them at the close of the election to the office of the Permanent Registrar with the ballot boxes.
(e) If the legal residence of a voter is renamed, renumbered, or annexed the Permanent Registrar may change the name or number of the legal residence on the voter's registration record and any other voting records. Within fifteen (15) days after the records are changed to reflect the new name or number of the residence, the Permanent Registrar shall notify the voter by mail that the change has been made."
[Amendment effective January 15, 1963. This is Amendment No. 51 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 8. Voter registration application records and reports.
(1) The Office of Driver Services, State Revenue Offices, public assistance agencies, disabilities agencies and other voter registration agencies shall transmit all completed voter registration applications to the Secretary of State in sufficient time to allow the Secretary to transmit the applications to the appropriate permanent registrar no later than ten (10) days after the date of acceptance by the assisting agency. When applications are accepted within five (5) days before the last day of registration for an election, they must be transmitted no later than five (5) days after the date of acceptance at the assisting agency.
(2) The Secretary of State shall transmit all mail voter registration applications to the appropriate permanent registrar no later than ten (10) days after the date of receipt. When applications are received within five days before the last day of registration for an election, they must be transmitted no later than five (5) days after date of receipt. If forms are received by the wrong election office, they shall be forwarded to the appropriate permanent registrar not later than the fifth day after receipt.
(b) The Office of Driver Services, State Revenue Offices, public assistance agencies, disabilities and other voter registration agencies shall collect data on the number of voter registration applications completed or declined at each agency, and any additional statistical evidence that the Secretary of State or the State Board of Election Commissioners deems necessary for program evaluation and shall retain such voter registration data for a period of two (2) years.
(c) (1) The Secretary of State shall collect, maintain, and publish monthly statistical data reflecting the number of new voter registration applications, changes of address, name, and party affiliation, and declinations received by mail and in:
(A) state revenue offices;
(B) public assistance agencies;
(C) disabilities agencies;
(D) recruitment offices of the Armed Forces of the United States;
(E) public libraries; and
(F) offices of the Arkansas National Guard.
(2) Every six (6) months the Secretary of State shall compile a statewide report available to the public reflecting the statistical data collected pursuant to subsection (a). This report shall be submitted to the Federal Election Commission for the national report pursuant to section (9)(a)(3) of the National Voter Registration Act of 1993. The State report shall also include:
(A) numbers of and descriptions of the agencies, and the method of integrating voter registration in the agencies;
(B) an assessment of the impact of the National Voter Registration Act of 1993 on the administration of elections;
(C) recommendations for improvements in procedures, forms, and other matters affected by the National Voter Registration Act of 1993.
(d) Every six months the state-level administration of each voter registration agency shall issue a report to the Legislative Council and the Secretary of State containing the statistical and other information collected in each agency office, and recommendations for improvements in procedures, forms, and other matters, including training.
(e) Information relating to the place where a person registered to vote, submitted a voter registration application or updated voter registration records, and information relating to declination forms is confidential and exempt from the Freedom of Information Act, Arkansas Code 25-19-101, et seq."
[Amendment effective January 15, 1963. This is Amendment No. 51 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 9. Application to register.
(a) All persons may register who:
(1) are qualified electors and who have not previously registered;
(2) will become qualified electors during the thirty (30) day period immediately prior to the next election scheduled within the county; or
(3) are qualified electors but whose registration has been cancelled in a manner provided for by this amendment.
(b) Registration shall be in progress at all times except during the thirty (30) day period immediately prior to any election scheduled within the county, during which period registration of voters shall cease for that election, but registration during such period shall be effective for subsequent elections.
(c) (1) The permanent registrar shall register qualified applicants when a legible and complete voter registration application is received and acknowledged by the permanent registrar.
(2) The permanent registrar shall register qualified applicants who apply to register to vote by mail using the state or federal mail voter registration application form if a legible and complete voter registration application form is postmarked not later than thirty (30) days before the date of the election, or, if the form is received by mail without a postmark, not later than twenty-five (25) days before the date of an election.
(d) The permanent registrar shall notify applicants whether their applications are accepted, rejected or are incomplete. If information required by the permanent registrar is missing from the voter registration application, the permanent registrar shall contact the applicant to obtain the missing information.
(e) Registration records shall be filed or entered promptly in the Registration Record Files. If the applicant lacks one or more of the qualifications required by law of voters in this State, the permanent registrar shall not register the applicant, but shall document the reason for denying the applicant's registration and promptly file or enter the application and the documented reason for denying registration in the Registration Record Files.
(f) If the Permanent Registrar has any reason to doubt the qualifications of an applicant for registration, he shall submit such application to the County Board of Registration and such Board shall make a determination with respect to such qualifications and shall instruct the Permanent Registrar regarding the same.
(g) If any person eligible to register as a voter is unable to register in person at the Permanent Registrar's office by reason of sickness or physical disability, the Permanent Registrar shall register the applicant at his place of abode within such county, if practicable, in the same manner as if he had appeared at the Permanent Registrar's office.
(h) Notwithstanding other provisions of this amendment, every person, in any of the following categories who is absent from the place of his voting residence may vote without registration by absentee ballot in any primary, special or general election, held in his election precinct, if he is otherwise eligible to vote in that election:
(1) Members of the Armed Forces while in active service, and their spouses and dependents,
(2) Members of the Merchant Marines in the United States and their spouses and dependents,
(3) Citizens of the United States temporarily residing outside the limits of the United States and the District of Columbia, and their spouses and dependents when residing with or accompanying them.
(i) Any person whose registration status or voting eligibility is affected adversely by an administrative determination under this amendment may appeal such adverse determination within five (5) days of receipt of notice thereof to the County Board of Registration. The County Board of Registration shall act on such appeal and render its decision within ten (10) days of its receipt. Within thirty (30) days after receipt of such decision, any aggrieved party may appeal further to the Circuit Court of the county."
[Amendment effective January 15, 1963. This is Amendment No. 51 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 10. Transfer and change of status.
(a) Upon a change of legal residence within the county, or a change of name, any registered voter may cause his registration to be transferred to his new address or new name by completing and mailing a federal or state mail voter registration application form, by updating his address at the Office of Driver Services, any State Revenue Office, public assistance agency, disabilities agency or other voter registration agency, by signing a mailed request to the Permanent Registrar, giving his present address and the address at which he was last registered or his present name and the name under which he was last registered, or by applying in person at the office of the Permanent Registrar.
(b) If the change of legal residence is made pursuant to subsection (a)or (c)(1) of this section during the thirty-day administrative cut-off period immediately prior to any election scheduled within the county the registered voter shall retain his right to vote in the scheduled election in the precinct to which he just moved.
(c) The permanent registrar shall conduct a uniform, non-discriminatory address confirmation program during each odd numbered year to ensure that voter registration lists are accurate and current. The address confirmation program shall be completed not later than ninety (90) days prior to a primary or general election for federal office. Based on change of address data received from the United States Postal Service or its licensees, or other unconfirmed data indicating that a registered voter no longer resides at his or her registered address, the permanent registrar shall send a forwardable address confirmation notice, including a postage-paid and pre-addressed return card, to enable the voter to verify or correct the address information.
(1) If change of address data indicates that the voter has moved to a new residence address in the same county and, if the county is divided into more than one (1) congressional district, the same congressional district, the address confirmation notice shall contain the following statement:
"We have received notification that you have moved to a new address in ......... County (or in the .... Congressional District). We will re-register you at your new address unless, within ten (10) days you notify us that your change of address is not a change of your permanent residence. You may notify us by returning the attached postage-paid postcard or by calling (...) ...-..... If this is not a permanent change of residence and if you do not notify us within ten (10) days you may be required to update your residence address in order to vote at future elections."
(2) If the change of address data indicates that the voter has moved to a new address in another county or, if a county is divided into more than one (1) congressional district, to a new address in the same county but in a new congressional district, the notice shall include the following statement:
"We have received notification that you have moved to a new address not in ......... County (or not in the Congressional District). If you no longer live in ......... County (or in the .... Congressional District), you must re-register at your new residence address in order to vote in the next election. If you are still an Arkansas resident, you may obtain a form to register to vote by calling your County Clerk's Office or the Secretary of State. If your change of address is not a change of your permanent residence, you must return the attached postage-paid postcard. If you do not return this card and continue to reside in ......... County (and in the .... Congressional District), you may be required to provide identification and update your residence address in order to vote at future elections, and if you do not vote at any election in the period between the date of this notice and the second federal general election after the date of this notice, your voter registration will be canceled and you will have to re-register in order to vote. If the change of address is permanent, please return the attached postage-paid postcard which will assist us in keeping our voter registration records accurate."
(d) Based on change of address information received pursuant to subsections (a) and (c), the permanent registrar shall:
(1) update and correct the voter's registration if the information indicates that the voter has moved to a new address within the same county and the same congressional district;
(2) designate the voter as inactive if the information indicates the voter has moved to a new address in another county or to a new address in another congressional district in the same county, or if the address confirmation notices have been returned as undeliverable; or
(3) cancel the voter registration in the county from which the voter has moved if the voter verifies in writing that he or she has moved to a residence address in another county."
[Amendment effective January 15, 1963. This is Amendment No. 51 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 11. Cancellation of registration.
(a) It shall be the duty of the Permanent Registrar to cancel the registration of voters:
(1) Who have failed to respond to address confirmation mailings described in 51-10 and have not voted or appeared to vote in an election during the period beginning on the date of the notice and ending on the day after the date of the second general election for federal office that occurs after the date of the address confirmation notice;
(2) Who have changed their residence to an address outside the county;
(3) Who have died;
(4) Who have been convicted of felonies and have not discharged their sentence or been pardoned;
(5) Who are not lawfully qualified or registered electors of this state, or of the county; or
(6) Who have been adjudged mentally incompetent by a court of competent jurisdiction.
(b) It shall be the duty of the Permanent Registrar of each county upon the registration of a person who has been registered previously in another county or state to notify promptly the Permanent Registrar of such other county or state of the new registration.
(c) It shall be the duty of the Director of the Bureau of Vital Statistics to notify promptly the Permanent Registrar in each county of the death of all residents of such county.
(d) It shall be the duty of the Circuit Clerk of each county upon the conviction of any person of a felony to notify promptly the Permanent Registrar of the county of residence of such convicted felon.
(e) Within ten (10) days following the receipt or possession of information requiring any cancellation of registration, other than under 51-11(a)(1) of this Amendment, the Permanent Registrar shall cancel the registration, note the date of the cancellation, the reason for the cancellation, and the person cancelling the registration.
(f) (1) The Permanent Registrar shall, thirty (30) days before cancellation, notify all
persons whose registration records are to be cancelled in accordance with 51-11(a)(1) of this Amendment. The notice may be either by publication or by first class mail. The notice by mail shall be as follows:
"NOTICE OF IMPENDING CANCELLATION OF VOTER REGISTRATION.
According to our records you have not responded to our address confirmation notice and you have not voted in any election during the period beginning on the date of the notice and ending on the day after the date of the second general election for federal office after the date of the first notice. This may indicate that you no longer live at the residence address printed on the postcard. If your permanent residence address is still the same as the printed address on this postcard YOU MUST CONFIRM YOUR RESIDENCE ADDRESS in order to remain on the voter registration list. If you do not return the attached postcard within thirty (30) days after the date postmarked on this card YOUR REGISTRATION WILL BE CANCELLED and you will have to re-register to vote."
(2) When, in response to the notice, a qualified voter requests the Permanent Registrar not to cancel the voter registration, the voter registration shall not be cancelled under Section 11(a)(1) of this amendment.
(g) The Permanent Registrar is authorized, and may be directed by the County Board of Registration, to determine by mail check, house to house canvass or any other reasonable means at any time within the whole or any part of the county whether active Record Registration Files contain the names of any persons not qualified by law to vote. Further, upon application based upon affidavits of one or more qualified voters by the Prosecuting Attorney for the county, the Circuit Judge of the county, for good cause shown, may order the Permanent Registrar to make sure determination or to cancel the registration of such unqualified persons."
[Amendment effective January 15, 1963. This is Amendment No. 51 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 12. Loss or destruction of voter registration records.
In the event any Registration Record or File shall become lost or destroyed, the Permanent Registrar shall prepare, from the remaining Files, temporary copies of the registration records if necessary for the conduct of any election. The Permanent Registrar shall send notice of such fact by first-class mail to any voter whose registration record has been lost, destroyed or mutilated in order that such voter may register again. The previous registration shall be cancelled at the time of the new registration, and in any event within sixty (60) days after mailing of such notice."
[Amendment effective January 15, 1963. This is Amendment No. 51 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 13. Fail-safe voting.
If a voter presents himself at a polling place on the date of an election but no record of his voter registration can be located by the judges of the election on the precinct voter registration list, such voter shall be permitted to vote only under the conditions set forth in Arkansas Code Annotated 7-5-306 or 7-7-308."
[Amendment effective January 15, 1963. This is Amendment No. 51 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 14. Voter registration lists.
(a) By the first day of June of each year, and at such other times as may be practicable, all Permanent Registrars shall, and at their discretion at other times may, print or otherwise duplicate and publish lists of registered voters by precincts, and may distribute such lists pursuant to Arkansas Code Annotated 7-5-105 and 7-5-109. A copy of the most current such list in each precinct shall be furnished the election officials at each precinct at the time the ballot boxes are delivered and such election officials shall post said list at a conspicuous place in the polling area.
(b) By the first day of June of each year, the Permanent Registrar shall certify to the Secretary of State the total number of registered voters in the county. The Secretary of State shall tabulate the total number of registered voters in the State and shall make such information available to interested persons upon request."
[Amendment effective January 15, 1963. This is Amendment No. 51 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 15. Penalties.
(a) Any person who shall maliciously and intentionally destroy, steal, mutilate or unlawfully detain or obtain any voter registration form or any Registration Record Files shall be guilty of a felony, and upon conviction thereof shall be fined in the sum of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00), or be imprisoned in the State Penitentiary for a period of not less than one (1) year nor more than five (5) years, or both.
(b) Any public official or election official who wilfully violates any provision of this amendment shall be guilty of a misdemeanor, and upon conviction thereof shall also be removed from such office.
(c) Any other person who wilfully violates any provision of this amendment shall be guilty of a misdemeanor.
[Amendment effective January 15, 1963. This is Amendment No. 51 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 16. Severability.
If any provision of this amendment or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the amendment which can be given effect without the invalid provision or application, and to this end the provisions of this amendment are declared to be severable.
[Amendment effective January 15, 1963. This is Amendment No. 51 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 17. Effect on other laws.
This amendment supersedes and repeals the requirement of Amendment No. 8 that a poll tax receipt be presented prior to registration or voting, and further supersedes and repeals Act 19 of 1964 and all other laws or parts of laws in conflict herewith.
[Amendment effective January 15, 1963. This is Amendment No. 51 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 18. Appropriations.
The General Assembly shall make such appropriations as may be required for the effectuation of this amendment.
[Amendment effective January 15, 1963. This is Amendment No. 51 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 19. Amendment.
The General Assembly may, in the same manner as required for amendment of laws initiated by the people, amend Sections 5 through 15 of this amendment, so long as such amendments are germane to this amendment, and consistent with its policy and purposes.
[Amendment effective January 15, 1963. This is Amendment No. 51 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 20. Short title.
This amendment shall be known as the "Arkansas Amendment for Voter Registration without Poll Tax Payment."
[Amendment effective January 1, 1965. This is Amendment No. 51 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9952.0 created by amendment 162 |
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Amendment 52.
Community Colleges
Sec. 1. General Assembly may establish districts to furnish community college instruction and technical training.
The General Assembly may by law provide for the establishment of districts for the purpose of providing community college instruction and technical training. The General Assembly shall prescribe the method of financing such communuity college and technical institutes, and may authorize the levy of a tax upon the taxable property in such districts for the acquisition, construction, reconstruction, repair, expansion, operation, and maintenance of facilities therefor.
[Amendment effective January 1, 1965. This is Amendment No. 52 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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2. Prior approval of majority of qualified voters in proposed district required.
No such district shall be created and no such tax shall be levied upon the property in an established district except upon approval of a majority of the qualified electors of such proposed or established district voting thereon. Provided that any millage so approved by the electors of a district shall be a continuing levy until increased, reduced or repealed in such manner as may be provided by law, providing they shall ever remain a community college and shall never be extended into four-year institutions.
[Amendment effective November 3, 1964. This is Amendment No. 52 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9954.0 created by amendment 165 |
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Amendment 54.
Purchase of Printing, Stationery and Supplies
Sec. 1. Contracts given to lowest responsible bidder.
The printing, stationery, and supplies purchased by the General Assembly and other departments of government shall be under contracts given to the lowest responsible bidder, below such maximum price and under such regulations as shall be prescribed by law. No member or officer of any department of government shall in any way be interested in such contracts.
[Amendment effective November 5, 1974. This is Section 1 of Amendment No. 54 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9955.0 created by amendment 167 |
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Amendment 55.
Revision of County Government
Sec. 1. Power of quorum court.
(a) A county acting through its Quorum Court may exercise local legislative authority not denied by the Constitution or by law.
(b) No county may declare any act a felony or exercise any authority not relating to county affairs.
(c) A county may, for any public purpose, contract, cooperate, or join with any other county, or with any political subdivisions of the State or any other states or their political subdivisions, or with the United States.
[Amendment effective January 1, 1977. This is Section 1 of Amendment No. 55 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 2. Composition of quorum court - Power over elective offices.
(a) No county's Quorum Court shall be comprised of fewer than nine (9) justices of the peace, nor comprised of more than fifteen (15) justices of the peace. The number of justices of the peace that comprise a county's Quorum Court shall be determined by law. The county's Election Commission shall, after each decennial census, divide the county into convenient and single member districts so that the Quorum Court shall be based upon the inhabitants of the county with each member representing, as nearly as practicable, an equal number thereof.
(b) The Quorum Court may create, consolidate, separate, revise, or abandon any elective county office or offices except during the term thereof; provided, however, that a majority of those voting on the question at a general election have approved said action.
[Amendment effective November 5, 1974. This is Section 2 of Amendment No. 55 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 3. Power of county judge.
The County Judge, in addition to other powers and duties provided for by the Constitution and by law, shall preside over the Quorum Court without a vote but with the power of veto; authorize and approve disbursement of appropriated county funds; operate the system of county roads; administer ordinances enacted by the Quorum Court; have custody of county property; hire county employees, except those persons employed by other elected officials of the county.
[Amendment effective November 5, 1974. This is Section 3 of Amendment No. 55 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 4. Powers of quorum court.
In addition to other powers conferred by the Constitution and by law, the Quorum Court shall have the power to override the veto of the County Judge by a vote of three-fifths of the total membership; fix the number and compensation of deputies and county employees; fill vacancies in elective county offices; and adopt ordinances necessary for the government of the county. The Quorum Court shall meet and exercise all such powers as provided by law.
[Amendment effective January 1, 1977. This is Section 4 of Amendment No. 55 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 5. Compensation of county officers fixed by quorum court.
Compensation of each county officer shall be fixed by the Quorum Court within a minimum and maximum to be determined by law. Compensation may not be decreased during a current term; provided, however, during the interim, from the date of adoption of this Amendment until the first day of the next succeeding month following the date of approval of salaries by the Quorum Court, salaries of county officials shall be determined by law. Fees of the office shall not be the basis of compensation for officers or employees of county offices. Per diem compensation for members of the Quorum Court shall be fixed by law.
[Amendment effective November 5, 1974. This is Section 5 of Amendment No. 55 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 6. Bonding of county officers.
All County Officers shall be bonded as provided by law.
[Amendment effective November 5, 1974. This is Section 6 of Amendment No. 55 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9956.0 created by amendment 173 |
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Amendment 56.
Constitutional Officers - General Assembly
Sec. 1. Executive department - Composition.
The Executive Department of this State shall consist of a Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, Attorney General, and Commissioner of State Lands, all of whom shall keep their offices at the seat of government, and hold their offices for the term of two (2) years, and until their successors are elected and qualified.
[Amendment effective November 7, 1976. This is Section 1 of Amendment No. 56 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Section 2. The annual salaries of the officers of the Executive Department, which shall be paid in monthly installments shall be as follows: the Governor, the sum of $35,000; the Lieutenant Governor, the sum of $14,000; the Secretary of State, the sum of $22,500; the Treasurer of State, the sum of $22,500; the Auditor of State, the sum of $22,500; the Attorney General, the sum of $26,500; and the Commissioner of State Lands, the sum of $22,500.
[Amendment effective November 7, 1976. This is Section 2 of Amendment No. 56 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 5. Repeal of Amendment 56, Sections 2 and 3.
Section 2 and Section 3 of Amendment 56 to the Arkansas Constitution are hereby repealed.
[Amendment effective January 1, 1993. This is Section 5 of Amendment No.70 according to the numbering method for constitutional amendments used by the state of Arkansas, which also amended Section 3 of Constitutional Amendment No. 56.]
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Section 3. The members of the General Assembly shall receive as their annual salary the sum of $7,500, except the President Pro Tempore of the Senate and the Speaker of the House of Representatives, who shall each receive the sum of $10,000 annually, with such salaries to be payable in equal monthly installments. Provided, that no member of the General Assembly shall be entitled to per diem, reimbursement for documented expenses and mileage unless authorized, and within the limitations as provided by law.
[Amendment effective November 7, 1976. This is Section 3 of Amendment No. 56 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 5. Repeal of Amendment 56, Sections 2 and 3.
Section 2 and Section 3 of Amendment 56 to the Arkansas Constitution are hereby repealed.
[Amendment effective January 1, 1993. This is Section 5 of Amendment No.70 according to the numbering method for constitutional amendments used by the state of Arkansas, which also amended Section 2 of Constitutional Amendment No. 56.]
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Sec. 4. Compensation of municipal officers.
Compensation of municipal officers and officials shall be fixed by the governing body of the municipality, not to exceed limits which may be established by law.
[Amendment effective November 7, 1976. This is Section 4 of Amendment No. 56 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9957.0 created by amendment 187 |
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Amendment 57.
Intangible Personal Property
Sec. 1. Intangible personal property - Assessment and taxation.
The General Assembly may classify intangible personal property for assessment at lower percentages of value than other property and may exempt one or more classes of intangible personal property from taxation, or may provide for the taxation of intangible personal property on a basis other than ad valorem.
[Amendment effective November 7, 1976. This is Amendment No. 57 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 2. Effect on other constitutional provisions.
The provisions of this Amendment shall be in lieu of those provisions of Article 16, Section 5 of the Constitution of the State of Arkansas relating to the assessment and taxation of intangible personal property.
[Amendment effective November 7, 1976. This is Amendment No. 57 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9958.0 created by amendment 189 |
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Amendment 58.
Court of Appeals
Sec. 1. Court of Appeals.
The General Assembly is hereby empowered to create and establish a Court of Appeals and divisions thereof. The Court of Appeals shall have such appellate jurisdiction as the Supreme Court shall by rule determine, and shall be subject to the general superintending control of the Supreme Court. Judges of the Court of Appeals shall have the same qualifications as justices of the Supreme Court and shall be selected in the manner provided by law.
[Amendment effective November 7, 1976. This is Amendment No. 58 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9961.0 created by amendment 195 |
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Amendment 61.
County Road Tax
Sec. 1. County road tax.
County quorum courts may annually levy a county road tax not to exceed three (3) mills on the dollar on all taxable real and personal property within their respective counties. Revenues derived from the county road tax shall be used for the sole purpose of constructing and repairing public roads and bridges within the county wherein levied. The authority granted by this amendment shall be in addition to all other taxing authority of the county quorum courts.
[Amendment effective November 2, 1982. This is Amendment No. 61 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9962.0 created by amendment 196 |
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Amendment 62.
Local Capital Improvement Bonds
Sec. 1. Local capital improvement bonds authorized - Election - Taxes
- Limit on indebtedness - Suspension of tax levy.
(a) The legislative body of a municipality or county, with the consent of a majority of the qualified electors voting on the question at an election called for that purpose, may authorize the issuance of bonds, to bear interest at a rate not to exceed two percent (2%) per annum above the Federal Reserve Rate at the time of the election authorizing the bonds, for capital improvements of a public nature, as defined by the General Assembly, in amounts approved by a majority of those voting on the question either at an election called for that purpose or at a general election. The General Assembly shall prescribe a uniform method of calling and holding such elections and the terms upon which the bonds may be issued. If more than one purpose is proposed, each shall be stated separately on the ballot. The election shall be held no earlier than thirty (30) days after it is called by the legislative body. The tax to retire the bonds may be an ad valorem tax on real and personal property. Other taxes may be authorized by the General Assembly or the legislative body to retire the bonds.
(b) The limit of the principal amount of bonded indebtedness of the municipality or county which may be outstanding and unpaid at the time of issuance of any bonds secured by a tax on real or personal property, except for bonds issued for industrial development purposes pursuant to Section 2 hereof, shall be a sum equal to ten percent (10%) for a county or twenty percent (20%) for a municipality of the total assessed value for tax purposes of real and personal property in the county or municipality, as determined by the last tax assessment.
(c) The municipality or county may from time to time, suspend the collection of a levy, when not required for the payment of its bonds, subject to the covenants with the bondholders.
[Amendment effective November 6, 1984. This is Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 2. Issuance of bonds to secure and develop industry - Levy of tax - Suspension of collection - Limit on tax levy.
(a) In addition to the authority for bonded indebtedness set forth in Section 1, any municipality or county may, with the consent of the majority of the voters voting on the question at an election held for that purpose, issue bonds in sums approved by such majority at that election for the purpose of financing facilities for the securing and developing of industry within or near the county or municipality holding the election.
(b) To provide for payment of principal and interest of the bonds issued pursuant to the section, as they mature, the municipality or county may levy a special tax, not to exceed five (5) mills on the dollar of the taxable real and personal property therein. However, the municipality or county may, from time to time, suspend the collection of such annual levy when not required for the payment of its bonds. In no event shall any parcel of real and personal taxable property be subject to a special tax levied under the authority of this section in excess of five (5) mills for bonds issued under this section.
[Amendment effective November 6, 1984. This is Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 3. Sale of bonds - Procedure.
The bonds described in Section 2 hereof shall be sold only at public sale after twenty (20) days advertisement in a newspaper having a bona fide circulation in the municipality or county issuing such bonds; provided, however, that the municipality or county may exchange such bonds for bonds of like amount, rate or interest, and length of issue.
[Amendment effective November 6, 1984. This is Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 4. Maximum rate of tax stated on ballot - Borrowing prior to issuance of bonds.
The maximum rate of any special tax to pay bonded indebtedness as authorized in Sections 1 and 2 hereof shall be stated on the ballot. After such bond issue has been approved by the electorate, the municipality or county may, prior to the issuance of the bonds, borrow funds on an interim basis, not to exceed three (3) years, and pledge to the payment thereof the tax approved by the voters.
[Amendment effective November 6, 1984. This is Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 5. Special tax constitutes special fund - Disbursement of surplus.
The special tax for payment of bonded indebtedness authorized in Sections 1 and 2 hereof shall constitute a special fund pledged as security for the payment of such indebtedness. The special tax shall never be extended for any other purpose, nor collected for any greater length of time than necessary to retire such bonded indebtedness, except that tax receipts in excess of the amount required to retire the debt according to its terms may, subject to covenants entered into with the holders of the bonds, be pledged as security for the issuance of additional bonds if authorized by the voters. The tax for such additional bonds shall terminate within the time provided for the tax originally imposed. Upon retirement of the bonded indebtedness, any surplus tax collections which may have accumulated shall be transferred to the general funds of the municipality or county.
[Amendment effective November 6, 1984. This is Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 6. Conduct of elections.
The General Assembly may enact laws governing the conduct of elections authorized by this Amendment. Absent the enactment of such laws, such elections shall be held, called and conducted in accordance with the laws governing elections generally. The results of such election shall be published in a newspaper of general circulation in the county or municipality (as the case may be) and any contest of such election or the tabulation of the votes therein shall be brought within thirty (30) days after such publication or shall be forever barred.
[Amendment effective November 6, 1984. This is Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 7. Provisions self-executing.
The provisions of this Amendment shall be self-executing.
[Amendment effective November 6, 1984. This is Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 8. Taxes levied and bonds authorized prior to amendment.
Taxes levied prior to the effective date of this Amendment shall continue in force until abolished, reduced, or increased as provided by law. All bonds and other evidences of indebtedness authorized prior to the effective date of this Amendment shall be governed by the Constitutional provision and laws in effect at the time of authorization.
[Amendment effective November 6, 1984. This is Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 9. Joint project of various governing bodies - Compact agreement elections.
Whenever two or more cities of the First or Second Class, or incorporated towns, and/or one or more counties and the school districts therein, desire to join together in a combined effort to secure and develop industries within one or more of such cities, towns, counties, and share in the increased revenues estimated to be received by the city, town, or county, or school district, in which the industry or industries are to be located, they may, upon adoption by the governing bodies of each such city, town, school district, or county, enter into a compact setting forth the terms by which each of the participating cities, towns, school districts, and counties is to share in the revenues to be derived from the location of an industrial plant within the compact area through the combined efforts of the various participating cities, towns, school districts, and counties. Upon adoption of such compact by the governing bodies of the participating cities, towns, school districts, and/or counties, the county court of each of the counties involved shall cause a special election to be called within not more than forty-five (45) days from the date of the filing of such compact with the county court. At such special election, the qualified electors of each of the cities, towns, school districts, and counties shall vote on whether to approve the compact and the method of sharing in increased revenues to be derived by the city, school district, and/or county in which the proposed industry is to be located among the various participating cities, towns, counties, and school districts. The ballot at such election shall be in substantially the following form:
"FOR the establishment of an
industrial development compact
and the sharing of revenues
to be derived from additional
taxes to be generated by
new industries [ ]
AGAINST the establishment of
an industrial development compact
and the sharing of revenues
to be derived from additional
taxes to be generated by
new industries [ ]"
Said election shall be conducted in accordance with the election laws of this State, and the results thereof tabulated and certified to the County Clerk in the manner now provided by law. If a majority of the qualified electors voting on the question vote in favor of the creation of the compact, and the sharing of revenues to be derived from new industries located in the compact area, the said compact shall be implemented in accordance with the terms thereof. If a majority of the qualified electors voting on said issue vote against issue at said special election, no additional election on said issue may be held within one (1) year from the date of said election. The results of said election shall be proclaimed by the county court of each of the counties in which the county and/or cities and towns, or school districts, are located. The results of said election shall be conclusive unless attacked in the courts within thirty (30) days.
[Amendment effective November 6, 1984. This is Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 10. [Separability.]
Notwithstanding any other evidence of legislative intent, it is hereby declared to be the controlling legislative intent that if any provisions of this Amendment, or the application thereof to any person or circumstances, is held invalid, the remainder of the Amendment and the application of such provision to persons or circumstances other than those to which it is held invalid, shall not be affected thereby.
[Amendment effective November 6, 1984. This is Amendment No. 62 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9963.0 created by amendment 224 |
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Amendment 63.
Four Year Terms for State Constitutional Officers
Sec. 1. Executive Department - Term of office.
The Executive Department of this State shall consist of a Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, Attorney General and Commissioner of State Lands, all of whom shall keep their offices at the seat of government, and hold their offices for the term of four (4) years, and until their successors are elected and qualified.
[Amendment effective January 1, 1987. This is Amendment No. 63 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9964.0 created by amendment 225 |
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Amendment 64.
Municipal Court Jurisdiction
Sec. 1. Concurrent jurisdiction - Jurisdictional amount.
Notwithstanding any provision of this Constitution to the contrary and in addition to jurisdiction now conferred on municipal courts, municipal courts shall have jurisdiction concurrent with circuit courts (a) in matters of contract where the amount in controversy does not exceed three thousand dollars ($3,000) excluding interest, (b) in suits for the recovery of personal property where the value of the property does not exceed three thousand dollars ($3,000), and (c) in all matters of damage to personal property where the amount in controversy does not exceed three thousand dollars ($3,000); provided that the General Assembly may by law increase or decrease the jurisdictional limit by a two-thirds vote of each house of the General Assembly.
[Amendment effective July 1, 1987. This is Amendment No.64 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9965.0 created by amendment 226 |
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Amendment 65.
Revenue Bonds
Sec. 1. Issuance - Terms and conditions.
Subject to the provisions of Section 2 hereof, any governmental unit, pursuant to laws heretofore or hereafter adopted by the General Assembly, may issue revenue bonds for the purpose of financing all or a portion of the costs of capital improvements of a public nature, facilities for the securing and developing of industry or agriculture, and for such other public purposes as may be authorized by the General Assembly. Such bonds may bear such terms, be issued in such manner, and be subject to such conditions, all as may be authorized by the General Assembly; and the General Assembly may, but shall not be required to, condition the issuance of such bonds upon an election.
[Amendment effective November 4,1986. This is Amendment No. 65 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 2. Purpose of issuance.
(a) No revenue bonds shall be issued by or on behalf of any governmental unit if the primary purpose of the bonds is to loan the proceeds of the bonds, or to lease or sell the facilities financed with the proceeds of the bonds, to one or more private business users for shopping centers or other establishments engaged in the sale of food or goods at retail.
(b) No revenue bonds shall be issued by or on behalf of any governmental unit without the consent of a majority of the qualified electors voting on the question at an election held in accordance with state law if the primary purpose of the bonds is to loan the proceeds of the bonds, or to lease or sell the facilities financed with the proceeds of the bonds, to one or more private business users for hotels or motels, rental or professional office buildings, or facilities for recreation or entertainment.
[Amendment effective November 4,1986. This is Amendment No. 65 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 3. Definitions.
(a) The term "revenue bonds" as used herein shall mean all bonds, notes, certificates or other instruments or evidences of indebtedness the repayment of which is secured by rents, user fees, charges, or other revenues (other than assessments for local improvements and taxes) derived from the project or improvements financed in whole or in part by such bonds, notes, certificates or other instruments or evidences of indebtedness, from the operations of any governmental unit, or from any other special fund or source other than assessments for local improvements and taxes.
(b) The term "governmental unit" as used herein shall mean the State of Arkansas; any county, municipality, or other political subdivision of the State of Arkansas; any special assessment or taxing district established under the laws of the State of Arkansas; and any agency, board, commission, or instrumentality of any of the foregoing.
[Amendment effective November 4,1986. This is Amendment No. 65 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 4. Authority exclusive - Interest - Initiative and referendum.
This amendment shall be the sole authority required for the authorization, issuance, sale, execution and delivery of revenue bonds authorized hereby; provided, however, that the rate of interest on revenue bonds shall not exceed the maximum authorized by Amendment No. 60 to the Constitution of the State of Arkansas or any similar provision hereafter adopted. Nothing herein shall be construed to impair the initiative and referendum powers reserved to the people under Amendment No. 7 to the Constitution of the State of Arkansas.
[Amendment effective November 4,1986. This is Amendment No. 65 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9966.0 created by amendment 230 |
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Amendment 66.
Judicial Discipline and Disability Commission
(a) COMMISSION: Under the judicial power of the State, a Judicial Discipline and Disability Commission is established and shall be comprised of nine persons: three justices or judges, appointed by the Supreme Court; three licensed attorneys in good standing who are not justices or judges, one appointed by the Attorney General, one by the President of the Senate, and one by the Speaker of the House; and three members appointed by the Governor. The members appointed by the Governor shall not be justices or judges, retired justices or judges, or attorneys. Alternate members shall be selected and vacancies filled in the same manner.
(b) DISCIPLINE, SUSPENSION, LEAVE, AND REMOVAL: The Commission may initiate, and shall receive and investigate, complaints concerning misconduct of all justices and judges, and requests and suggestions for leave or involuntary disability retirement. Any judge or justice may voluntarily request that the Commission recommend suspension because of pending disciplinary action or leave because of a mental or physical disability. Grounds for sanctions imposed by the Commission or recommendations made by the Commission shall be violations of the professional and ethical standards governing judicial officers, conviction of a felony, or physical or mental disability that prevents the proper performance of judicial duties. Grounds for suspension, leave, or removal from office shall be determined by legislative enactment.
(c) DISCIPLINE: If, after notice and hearing, the Commission by majority vote of the membership determines that grounds exist for the discipline of a judge or justice, it may reprimand or censure the judge or justice, who may appeal to the Supreme Court. The Commission may, if it determines that grounds exist, after notice and hearing, and by majority vote of the membership, recommend to the Supreme Court that a judge or justice be suspended, with or without pay, or be removed, and the Supreme court, en banc, may take such action. Under this amendment, a judge who also has executive or legislative responsibilities shall be suspended or removed only from judicial duties. In any hearing involving a Supreme Court justice, all Supreme Court justices shall be disqualified from participation.
(d) LEAVE AND RETIREMENT: If, after notice and hearing, the Commission by majority vote of the membership determines that a judge or justice is unable because of physical or mental disability to perform the duties of office, the Commission may recommend to the Supreme Court that the judge or justice be granted leave with pay or be retired, and the Supreme Court, en banc, may take such action. A judge or justice retired by the Supreme Court shall be considered to have retired voluntarily as provided by law.
(e) VACANCIES: Vacancies created by suspension, the granting of leave or the removal of a judge or justice, or vacancies created by disqualification of justices, shall be filled as provided by law.
(f) RULES: The Supreme Court shall make procedural rules implementing this amendment and setting the length of terms on the Commission.
(g) CUMULATIVE NATURE: This amendment is alternative to, and cumulative with, impeachment and address authorized by this Constitution.
[Amendment effective November 1988. This is Amendment No.66 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9967.0 created by amendment 231 |
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Amendment 67.
Jurisdiction of Matters Relating to Juveniles and Bastardy
The General Assembly shall define jurisdiction of matters relating to juveniles (persons under eighteen (18) years of age) and matters relating to bastardy and may confer such jurisdiction upon chancery, circuit or probate courts, or upon separate divisions of such courts, or may establish separate juvenile courts upon which such jurisdiction may be conferred, and shall transfer to such courts the jurisdiction over bastardy and juvenile matters now vested in county courts by Section 28 of Article 7 of this Constitution.
[Amendment effective January 1, 1989. This is Amendment No. 67 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9968.0 created by amendment 232 |
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Amendment 68.
Sec. 1. Public funding
ABORTION.
No public funds will be used to pay for any abortion, except to save the mother's life.
[Amendment effective January 1, 1989. This is Amendment No. 68 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 2. Public policy.
The policy of Arkansas is to protect the life of every unborn child from conception until birth, to the extent permitted by the Federal Constitution.
[Amendment effective January 1, 1989. This is Amendment No. 68 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 3. Effect of amendment.
This amendment will not affect contraceptives or require an appropriation of public funds.
[NOTE: Declared unconstitutional and unenforceable. See Little Rock Family Planning Sevices v. Dalton, 860 F.Supp. 609 (E.D. Ark. 1994) and Unborn Child Amendment Committee v. Ward, 318 Ark. 165, 883 S.W.2d 817 (1994).]
[Amendment effective November, 1988. This is Amendment No. 68 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9970.0 created by amendment 240 |
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Amendment 70.
Executive Department and General Assembly Salaries - Restrictions on Expense Reimbursements
Sec. 1. Executive Department and General Assembly - Salaries - Restrictions on reimbursements.
(a) No official of the Executive Department shall be reimbursed by the State of Arkansas for any expenses except those reasonably connected to their official duties and only if such reimbursement is made for documented expenses actually incurred and from the regular budget appropriated for the official's office. Such restrictions on expense reimbursement are of a general application and also are intended specifically to prohibit the appropriation and use of public relations funds. The annual salaries of the Executive Department, which shall be paid in monthly installments, shall be as follows: the Governor, the sum of $60,000; the Lieutenant Governor, the sum of $29,000; the Secretary of State, the sum of $37,500; the Treasurer of State, the sum of $37,000; the Attorney General, the sum of $50,000; the Commissioner of State Lands, the sum of $37,500; and the Auditor of State, the sum of $37,500. Except as provided herein, such officials of the Executive Department shall not receive any other income from the State of Arkansas, whether in the form of salaries or expenses.
(b) The members of the General Assembly shall receive as their annual salary the sum of $12,500, except the President Pro Tempore of the Senate and the Speaker of the House of Representatives, who shall each receive the sum of $14,000 annually, with such salaries to be payable in equal monthly installments. Except as provided herein, no member of the General Assembly shall receive any other income for service in the General Assembly, whether in the form of salaries or expenses, including, but not limited to, public relations funds. Provided further, that no member of the General Assembly shall be entitled to per diem unless authorized by law, or to reimbursement for expenses or mileage unless authorized by law, documented, and reasonably related to their official duties.
[Amendment effective November 6, 1990. This is Amendment No. 70 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 2. Additional Constitutional amendments authorized.
In addition to the three amendments to the Constitution allowed pursuant to Article 19, 22, either branch of the General Assembly at a regular session thereof may propose an amendment to the Constitution to change the salaries for the offices of Governor, Lieutenant Governor, Attorney General, Secretary of State, Treasurer of State, Commissioner of State Lands, and Auditor of State and for members of the General Assembly. If the same be agreed to by a majority of all members elected to each house, such proposed amendment shall be entered on the journals with the yeas and nays, and published in at least one newspaper in each county, where a newspaper is published, for six months immediately preceding the next general election for Senators and Representatives, at which time the same shall be submitted to the electors of the State for approval or rejection. If a majority of the electors voting at such election adopt the amendment the same shall become a part of this Constitution. Only one amendment to the Constitution may be referred pursuant to this section.
[Amendment effective November 6, 1990. This is Amendment No. 70 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 3. Salary adjustments.
The salaries of the Executive Department officials and members of the General Assembly provided for in Section 1 or 2 of this amendment or adjusted pursuant to this section may be increased annually through subsequent appropriations by the General Assembly by an amount not to exceed the average percentage increase in the Consumer Price Index for All Urban Consumers or its successor, as published by the United States Department of Labor, for the two years immediately preceding the year of the salary appropriation.
[Amendment effective November 6, 1990. This is Amendment No. 70 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 4. Effective date.
The provisions of this amendment shall be effective on January 1, 1993.
[Amendment effective January 1, 1993. This is Amendment No.70 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9971.0 created by amendment 246 |
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Amendment 71.
Personal Property Taxes
Sec. 1. Exemption from ad valorem taxes.
Items of household furniture and furnishings, clothing, appliances, and other personal property used within the home, if not held for sale, rental, or other commercial or professional use, shall be exempt from all ad valorem taxes levied by any city, county, school district, or other taxing unit in this state.
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Sec. 2. Motor vehicles - Procedures for assessment and collection.
In addition to the method established by law for assessing and collecting real and personal property taxes, the General Assembly may establish special procedures, in lieu thereof, for the assessment and collection of annual personal property taxes on motor vehicles, owned by individuals, at the time of issuance or renewal of the registration and the license thereof. Personal property taxes collected on motor vehicles under such procedures shall be based on the assessed value of the vehicles determined at the time the tax is paid, computed at the rate of personal property taxes levied during the preceding November, in the manner provided by law, in the taxing units in which the owner of the motor vehicle resides, or in which the motor vehicle is regularly located and assessed, and the taxpayer shall not be required to pay ad valorem taxes upon such motor vehicle based on the assessment for the previous year. In no event may more than one year's personal property taxes be collected on the same vehicle in the same year. Personal property taxes collected on motor vehicles under such procedures shall be remitted to the counties in which due, for distribution, as revenues of the year in which collected, to the respective taxing units in the manner provided by law.
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Sec. 3. Supersession of Article 16, Section 5.
The provisions of this amendment shall be in lieu of those provisions of Article 16, Section 5 of the Constitution of the State of Arkansas relating to the assessment and taxation of tangible personal property.
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Sec. 4. Effective date.
This amendment shall be in effect from and after January 1, 1993.
[Amendment effective January 1, 1993. This is Amendment No. 71 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9973.0 created by amendment 257 |
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Amendment 73.
Arkansas Term Limitation Amendment
Preamble: The people of Arkansas find and declare that elected officials who remain in office too long become preoccupied with reelection and ignore their duties as representatives of the people. Entrenched incumbency has reduced voter participation and has led to an electoral system that is less free, less competitive, and less representative than the system established by the Founding Fathers. Therefore, the people of Arkansas, exercising their reserved powers, herein limit the terms of elected officials.
[Amendment effective November, 1992. This is the Preamble to Amendment No. 73 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 1. Executive Branch.
(a) The Executive Department of this State shall consist of a Governor, Lieutenant Governor, Secretary of State, Treasurer of State, Auditor of State, Attorney General, and Commissioner of State Lands, all of whom shall keep their offices at the seat of government, and hold their offices for the term of four years, and until their successors are elected and qualified.
(b) No elected officials of the Executive Department of this State may serve in the same office more than two such four year terms.
[Amendment effective November, 1992. This is section 1 of Amendment No. 73 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 2. Legislative Branch.
(a) The Arkansas House of Representatives shall consist of members to be chosen every second year by the qualified electors of the several counties. No member of the Arkansas House of Representatives may serve more than three such two year terms.
(b) The Arkansas Senate shall consist of members to be chosen every four years by the qualified electors of the several districts. No member of the Arkansas Senate may serve more than two such four year terms.
[Amendment effective November, 1992. This is section 2 of Amendment No. 73 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 3. Congressional Delegation.
(a) Any person having been elected to three or more terms as a member of the United States House of Representatives from Arkansas shall not be certified as a candidate and shall not be eligible to have his/her name placed on the ballot for election to the United States House of Representatives from Arkansas.
(b) Any person having been elected to two or more terms as a member of the United States Senate from Arkansas shall not be certified as a candidate and shall not be eligible to have his/her name placed on the ballot for election to the United States Senate from Arkansas.
[The Arkansas Supreme Court and the United States Supreme Court held Section 3 to be unconstitutional. See United States Term Limits, Inc. v. Hill, 316 Ark. 251, 872 S.W.2d 349 (1994), affd, __ U.S.__, 115 S.Ct. 1842 (1995)]
[Amendment effective November, 1992. This is section 3 of Amendment No. 73 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 4. Severability.
The provisions of this Amendment are severable, and if any should be held invalid, the remainder shall stand.
[Amendment effective November, 1992. This is section 4 of Amendment No. 73 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 5. Provisions Self-Executing.
Provisions of this Amendment shall be self-executing.
[Amendment effective November, 1992. This is section 5 of Amendment No. 73 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 6. Application.
(a) This Amendment to the Arkansas Constitution shall take effect and be in operation on January 1, 1993, and its provisions shall be applicable to all person thereafter seeking election to the offices specified in this Amendment.
(b) All laws and constitutional provisions which conflict with this Amendment are hereby repealed to the extent that they conflict with this amendment.
[Amendment effective January 1, 1993. This is section 6 of Amendment No. 73 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9975.0 created by amendment 265 |
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Amendment 75.
Sales and Use Tax for Support of the Arkansas Game and Fish Commission, the Department of Parks and Tourism, the Arkansas Department of Heritage and Keep Arkansas Beautiful
(Not Yet Codified)
Sec. 1. Statement of Purpose.
The people of the State of Arkansas find that fish, wildlife, parks, tourism and natural heritage constitute a major economic and natural resource of the state and they desire to provide additional funds to the Arkansas Game and Fish Commission, the Department of Parks and Tourism, the Department of Heritage and Keep Arkansas Beautiful.
[Amendment effective November 5, 1996. This is Amendment No. 75 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 2. (a) There is hereby levied an additional excise tax of one-eighth of one percent (1/8 of 1%) upon all taxable sales of property and services subject to the tax levied by the Arkansas Gross Receipts Act (Arkansas Code §26-52-101 et seq.), and such tax shall be collected, reported, and paid in the same manner and at the same time as is prescribed by law for the collection, reporting and payment of all other Arkansas gross receipts taxes.
(b) There is hereby levied an additional excise tax of one-eighth of one percent (1/8 of 1%) upon all tangible personal property subject to the tax levied by the Arkansas Compensating Tax Act (Arkansas Code §26-53-101 et seq.), and such tax shall be collected, reported, and paid in the same manner and at the same time as is prescribed by law for the collection, reporting and payment of Arkansas compensating taxes.
[Amendment effective November 5, 1996. This is Amendment No. 75 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 3. Use of Proceeds.
(a) Notwithstanding any provision of Amendment 35 or any other provision of the Arkansas Constitution to the contrary, forty-five percent (45%) of all monies collected from the tax levied herein shall be deposited in the State Treasury as special revenues and credited to the Game Protection Fund to be used exclusively by the Arkansas Game and Fish Commission, as appropriated by the General Assembly.
(b) Forty-five percent (45%) of all monies collected from the tax levied herein shall be deposited in the State Treasury as special revenues and credited to the Department of Parks and Tourism Fund Account to be used by the Department of Parks and Tourism for state park purposes, as appropriated by the General Assembly.
(c) Nine percent (9%) of all monies collected from the tax levied herein shall be deposited in the State Treasury as special revenues and credited to the Arkansas Department of Heritage Fund Account to be used exclusively by the Department of Heritage, as appropriated by the General Assembly.
(d) One percent (1%) of all monies collected from the tax levied herein shall be deposited in the State Treasury as special revenues and credited to the Keep Arkansas Beautiful Fund Account, which is hereby created on the books of the State Treasurer, State Auditor and the Chief Fiscal Officer of the State, to be used exclusively by Keep Arkansas Beautiful, as appropriated by the General Assembly.
[Amendment effective November 5, 1996. This is Amendment No. 75 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 4. (a) The General Assembly shall provide for the proper administration and enforcement of this Amendment by law.
(b) Unless the General Assembly provides another procedure by law, the provisions of the Arkansas Tax Procedure Act, Sections 26-18-101 et seq., shall so far as practicable be applicable to the tax levied by this Amendment and the reporting, remitting and enforcement of the tax.
[Amendment effective November 5, 1996. This is Amendment No. 75 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Sec. 5. Collection of the tax imposed by this Amendment shall apply beginning on July 1, 1997.
[Amendment effective July 1, 1997. This is Amendment No. 75 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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Article 9976.0 created by amendment 270 |
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[Amendment 76 was approved on November 5, 1996 and amended Amend. 73 Sec. 3. This amendment has been declared unconstitutional by the Arkansas Supreme Court, however, and is not in force.]
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Article 9977.0 created by amendment 271 |
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Amendment 77
To Authorize the Assignment of Special and Retired Judges, the Exchange of Circuits
SEC. 1 (A) If a Supreme Court justice is disqualified or temporarily unable to serve, the Chief Justice shall certify the fact to the Governor, who within thirty (30) days thereafter, shall commission a special justice, unless the time is extended by the Chief Justice upon a showing by the Governor that in spite of the exercise of diligence, additional time is needed. If the Governor fails to commission a special justice within thirty (30) days, or at the end of an extended period granted by the Chief Justice, the Lieutenant Governor shall commission a special justice.
(B) If a judge of the Court of Appeals is disqualified or temporarily unable to serve, the Chief Judge shall certify the fact to the Chief Justice who shall commission a special judge.
(C) If a circuit, chancery, or probate judge is disqualified or temporarily unable to serve, or if the Chief Justice shall determine there is other need for a special judge to be temporarily appointed, a special judge may be assigned by the Chief Justice or elected by the bar of that Court, under rules prescribed by the Supreme Court, to serve during the period of temporary disqualification, absence or need.
(D) In naming special justices and judges, the Governor or the Chief Justice may commission, with their consent, retired justices or judges, active circuit, chancery, or probate judges, or licensed attorneys.
(E) Special and retired justices and judges selected and assigned for temporary judicial service shall meet the qualifications of justices or judges of the Court to which selected and assigned.
(F) Special and retired judges shall be compensated as provided by law.
[Amendment effective January 1, 1999. This is Amendment No. 77 according to the numbering method for constitutional amendments used by the state of Arkansas, which also repealed Article 7, Sections 9 and 21.]
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SEC. 2. Circuit, chancery, and probate judges may temporarily exchange circuits by joint order. Any circuit, chancery, or probate judge who consents may be assigned to another circuit for temporary service under rules prescribed by the Supreme Court.
[Amendment effective January 1, 1999. This is Amendment No. 77 according to the numbering method for constitutional amendments used by the state of Arkansas, which also repealed Article 7, Sections 9 and 21.]
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[SEC. 3. Repealed Article 7, Section 9, 21, and 22 .]
[Amendment effective January 1, 1999. This is Amendment No. 77 according to the numbering method for constitutional amendments used by the state of Arkansas, which also repealed Article 7, Sections 9 and 21.]
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SEC. 4. This amendment becomes effective January 1, 1999."
[Amendment effective January 1, 1999. This is Amendment No. 77 according to the numbering method for constitutional amendments used by the state of Arkansas.]
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