Section 1. Election and terms of governor, lieutenant governor, secretary of state, attorney
general, general treasurer, and general assembly members. The governor, lieutenant
governor, secretary of state, attorney-general, general treasurer, and senators and representatives
in the general assembly shall be elected on the Tuesday next after the first Monday in November,
biennially in even numbered years, and shall severally hold their offices for two (2) years from
the first Tuesday of January next succeeding their election and until their successors are elected
and qualified.
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Amendment II
Section 1. Election and terms of governor, lieutenant governor, secretary of state, attorney
general, general treasurer, and general assembly members. The governor, lieutenant
governor, secretary of state, attorney general and general treasurer shall be elected on the
Tuesday after the first Monday in November, quadrennially commencing A.D. 1994, and every
four (4) years thereafter, and shall severally hold their offices, subject to recall as provided for
herein, for four (4) years from the first Tuesday of January next succeeding their election and
until their successors are elected and qualified. No person shall serve consecutively in the same
general office for more than two (2) full terms, excluding any partial term of less than two (2)
years previously served.
The senators and representatives in the general assembly shall be elected on the Tuesday after the
first Monday in November, biennially in even numbered years, and shall severally hold their
offices for two (2) years from the first Tuesday of January next succeeding their election and
until their successors are elected and qualified.
Recall is authorized in the case of a general officer who has been indicted or informed against for
a felony, convicted of a misdemeanor, or against whom a finding of probable cause of violation
of the code of ethics has been made by the ethics commission. Recall shall not, however be
instituted at any time during the first six (6) months or the last year of an individual's term of
office.
Such a recall may be instituted by filing with the state board of elections an application for
issuance of a recall petition against said general officer which is signed by duly qualified electors
equal to three percent (3%) of the total number of votes cast at the last preceding general election
for that office. If, upon verification, the application is determined to contain signatures of the
required number of electors, the state board of elections shall issue a recall petition for
circulation amongst t he electors of the state. Within ninety (90) days of issuance, recall petitions
containing the signatures of duly qualified electors constituting fifteen percent (15%) of the total
number of votes cast in the last preceding general election for said office must be filed with the
state board of elections.
The signatures to the application and to the recall petition need not all be on one (1) sheet of
paper, but each such application and petition must contain an identical statement naming the
person to be recalled, the general office held by said person, and the grounds for such recall set
forth in a statement of one hundred (100) words or less approved by the board of elections. Each
signatory must set forth his or her signature as it appears on the voting list, the date of signing,
and his or her place of residence. The person witnessing the signatures of each elector on said
petition must sign a statement under oath on said sheet attesting that the signatures thereon are
genuine and were signed in his or her presence.
If the requisite number of signatures are not obtained within said ninety (90) days period, the
recall effort shall terminate. Upon verification of the requisite number of signatures, a special
election shall be scheduled at which the issue of removing said office holder and the grounds
therefor shall be placed before the electors of the state. If a majority of those voting support
removal of said office holder, the office shall be immediately declared vacant and shall be filled
in accordance with the constitution and laws of the state. The person so removed shall not be
eligible to fill the unexpired portion of the term of office. The general assembly shall provide by
statute for implementation of the recall process.
[Nov 3, 1992; Article 4, section 1]
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