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Amendments to Article
IV not to affect official incumbency.
ments proposed to Article IV by the Legislature of eighteen hundred and sixty-one, no officer shall be suspended or superseded thereby until the election and qualification of the several officers provided for in said amendments.
NOTE.-Secs. 2, 3, 5, 6, 30, and 39 were amended in 1862 so as to read as now printed in the text. See Stats. 1862, p. 581, et seq.
Governor is vested with supreme
Election of Governor and term of office.
SECTION 1. Governor is vested with supreme executive power.
2. Election of Governor and term of office.
3. Qualifications and eligibility to the office.
4. Returns of, and counting, the votes for Governor.
6. Transact all executive business.
7. See to execution of the laws.
8. Fill vacancies not otherwise provided for.
9. Convene special sessions of the Legislature.
10. Executive messages.
11. Adjourn the Legislature when the Houses disagree.
12. Must not be Governor and hold other office.
13. Reprieves and pardons for offenses.
14. Keeper of "The great seal of the State of California.”
15. Sign and seal grants and commissions.
16. Of the Lieutenant Governor.
17. When powers of Governor devolve on the Lieutenant
18. Election and terms of other State officers.
19. Duties of Secretary of State.
20. Election of State officers for first term by Legislature; thereafter, as in Section 18 provided.
21. Compensation. Not to be increased or diminished.
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 California.
SEC. 2. The Governor shall be elected by the qualified electors, at the time and places of voting for members of the Assembly, and shall hold his office four years from and after the first Monday in December subsequent to his election, and until his successor is elected and qualified.
SEC. 3. No person shall be eligible to the office of QualificaGovernor (except at the first election) who has not been eligibility a citizen of the United States and a resident of this State office. two years next preceding the election, and attained the age of twenty-five years at the time of said election.
SEC. 4. The returns of every election for Governor Returns shall be sealed up and transmitted to the seat of govern- counting ment, directed to the Speaker of the Assembly, who shall, for during the first week of the session, open and publish them in presence of both Houses of the Legislature. The person having the highest number of votes shall be Governor; but, in case any two or more have an equal and the highest number of votes, the Legislature shall, by joint vote of both Houses, choose one of said persons so having an equal and the highest number of votes, for Governor.
SEC. 5. The Governor shall be Commander in Chief of Governor the militia, the army, and navy of this State.
SEC. 6. He shall transact all executive business with the officers of government, civil and military, and may require information in writing from the officers of the Executive Department, upon any subject relating to the duties of their respective offices.
Commander in Chief.
Transact executive business.
SEC. 7. He shall see that the laws are faithfully exe- See to cuted.
SEC. 8. When any office shall, from any cause, become vacant, and no mode is provided by the Constitution and law for filling such vacancy, the Governor shall have power to fill such vacancy by granting a commission, which shall expire at the end of the next session of the Legislature, or at the next election by the people.
SEC. 9. He may, on extraordinary occasions, convene the Legislature by proclamation, and shall state to both Houses, when assembled, the purpose for which they shall have been convened.
Fill vacanotherwise for.
Convene special sessions of
Adjourn Legislature when the Houses disagree.
Not to hold other office.
SEC. 10. He shall communicate by message to the Legislature, at every session, the condition of the State, and recommend such matters as he shall deem expedient.
SEC. 11 In case of a disagreement between the two Houses with respect to the time of adjournment, the Governor shall have power to adjourn the Legislature to such time as he may think proper; provided, it be not beyond the time fixed for the meeting of the next Legislature.
SEC. 12. No person shall, while holding any office under the United States, or this State, exercise the office of Governor, except as hereinafter expressly provided.
SEC. 13. The Governor shall have the power to grant pardons for reprieves and pardons after conviction, for all offenses, except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he shall have the power to suspend the execution of the sentence until the case shall be reported to the Legislature at its next meeting, when the Legislature shall either pardon, direct the execution of the sentence, or grant a further reprieve. He shall communicate to the Legislature, at the beginning of every session, every case of reprieve or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the pardon or reprieve.
SEC. 14. There shall be a seal of this State, which shall be kept by the Governor, and used by him officially and shall be called "The Great Seal of the State of California."
SEC. 15. All grants and commissions shall be in the name and by the authority of The People of the State of California, sealed with the Great Seal of the State, signed by the Governor, and countersigned by the Secretary of State.
SEC. 16. A Lieutenant Governor shall be elected at of the Lieutenant the same time and places, and in the same manner, as the Governor. Governor; and his term of office, and his qualifications of eligibility, shall also be the same. He shall be President of the Senate, but shall only have a casting vote therein. 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.
SEC. 17. In case of the impeachment of the Governor, When or his removal from office, death, inability to discharge the powers and duties of the said office, resignation, or Lieutenant absence from the State, the powers and duties of the office shall devolve upon the Lieutenant Governor for the resi-. due 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 any military force thereof, he shall continue Commander in Chief of all the military forces of the State.
SEC. 18. A Secretary of State, a Controller, a Treas- Election urer, an Attorney General, and a Surveyor General shall of other be elected at the same time and places, and in the same officers. manner as the Governor and Lieutenant Governor, and whose term of office shall be the same as the Governor.
SEC. 19. The Secretary of State shall keep a fair record Duties of Secretary of the official acts of the Legislative and Executive of State. Departments of the Government, and shall, when required, lay the same, and all matters relative thereto, before either branch of the Legislature, and shall perform such other duties as may be assigned him by law; and in order that no inconvenience may result to the public service from the taking effect of the amendments proposed to said Article V by the Legislature of eighteen hundred and sixty-one, no officer shall be superseded or suspended thereby, until the election and qualification of the several officers provided for in said amendments.
Election of State
officers for first term.
SEC. 20. The Controller, Treasurer, Attorney General, and Surveyor General, shall be chosen by joint vote of the two Houses of the Legislature at their first session under this Constitution, and thereafter shall be elected at the same time and places, and in the same manner, as the Governor and Lieutenant Governor.
SEC. 21. The Governor, Lieutenant Governor, Secretary of State, Controller, Treasurer, Attorney General, and Surveyor General, shall each, at stated times during their continuance in office, receive for their services a compensation, which shall not be increased or diminished. during the term for which they shall have been elected; but neither of these officers shall receive for his own use any fees for the performance of his official duties.
NOTE.-Sections 2, 18, and 19, were amended in 1862 so as to read as now printed in the text. See Stats. 1862, p. 582.
SECTION 1. Judicial powers.
2. Supreme Court, how constituted. Three Justices neces-
3. Election of Supreme Court Justices.
4. Jurisdiction of the Supreme Court.
5. Judicial Districts-Judges' terms-absence.
6. Jurisdiction of District Courts.
7. County Courts. Judges. Terms and powers of the
8. Jurisdiction of County Court.
9. Justices of the Peace, their powers and duties.
10. Jurisdiction of Recorders, and other inferior Municipal
11. Clerk of the Supreme Court, County Clerk, and other
officers. Their powers and duties.
12. Terms of the Courts, how to be fixed.
13. Fees and perquisites of Judicial officers.
14. Decisions of the Supreme Court to be published.
15. Salaries of Judicial officers, how fixed.
16. Ineligibility of Judges for other offices.
17. Charge of Judges to Juries.