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any such election is held. All ballots shall contain the names of the candi dates, and of the offices to be filled, in clear print and in due and orderly succession; but any voter may erase any name and insert another.
SEC. 29. No voter, during the time of holding any election at which he is entitled to vote, shall be compelled to perform military service, except in time of war or public danger; to attend any court as suitor, juror, or witness; and no voter shall be subject to arrest under any civil process during his attendance at election or in going to or returning therefrom...
SEC. 30. The General Assembly may prescribe a property qualification not exceeding two hundred and fifty dollars for voters in any county or subdivision thereof, or city or town, as a prerequisite for voting in any election for officers, other than the members of the General Assembly, to be wholly elected by the voters of such county or subdivision thereof, or city, or town; such action, if taken, to be had upon the initiative of a representative in the General Assembly of the county, city or town affected; provided, that the General Assembly in its discretion may make such exemptions from the operation of said property qualification as shall not be in conflict with the constitution of the United States.
SEC. 31. There shall be in each county and city an electoral board, composed of three members, appointed by the circuit court of the county or the corporation court of the city, or the judge of the court in vacation. Of those first appointed, one shall be appointed for a term of one year, one for a term of two years, and one for a term of three years; and thereafter their successors shall be appointed for the full term of three years. Any vacancy occurring in any board shall be filled by the same authority for the unexpired term.
Each electoral board shall appoint the judges, clerks, and registrars of election for its county, or city; and, in appointing judges of election, representation as far as possible shall be given to each of the two political parties which, at the general election next preceding their appointment, cast the highest and next highest number of votes.›
No person, nor the deputy of any person, holding any office or post of profit or emolument, under the United States government, or who is in the employment of such government, or holding any elective office of profit or trust in the State, or in any county, city, or town thereof, shall be appointed a member of the electoral board, or registrar, or judge of election.
SEC. 32. Every person qualified to vote shall be eligible to any office of the State, or of any county, city, town, or other subdivision of the State, wherein he resides, except as otherwise provided in this Constitution, and except that this provision as to residence shall not apply to any office elective by the people where the law provides otherwise. Men and women eighteen years of age shall be eligible to the office of notary public, and qualified to execute the bonds required of them in that capacity.
SEC. 33. The terms of all officers elected under this Constitution shall begia on the first day of February next succeeding their election, unless otherwise provided in this Constitution. All officers, elected or appointed shall continue to discharge the duties of their offices after their terms of service have expired until their successors have qualified.
SEC. 34. Members of the General Assembly and all officers, executive and judicial, elected or appointed after this Constitution goes into effect, shall, be fore they enter on the performance of their public duties, severally take and subscribe 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 Virginia ordained by the Convention which assembled in the city of Richmond on the twelfth day of June. nineteen hundred and one, and that I will faithfully and impartially dis charge and perform all the duties incumbent on me as according to the best of my ability; so help me God."
SEC. 35. No person shall vote at any legalized primary election for the nomination of any candidate for office unless he is at the time registered and qualified to vote at the next succeeding election.
SEC. 36. The General Assembly shall enact such laws as are necessary and
er for the purpose of securing the regularity and purity of general, local primary elections, and preventing and punishing any corrupt practices in ection therewith; and shall have power in addition to other penalties and ishments now or hereafter prescribed by law for such offences, to provide persons convicted of them shall thereafter be disqualified from voting or ing office
SEC. 37. The General Assembly may provide for the use, throughout the e or in any one or more counties, cities, or towns, in any election, of maes for receiving, recording, and counting the votes cast thereat; provided, the secrecy of the voting be not thereby impaired.
SEC. 38. After the first day of January, nineteen hundred and four, the surer of each county and city shall, at least five months before each regular tion, file with the clerk of the circuit court of his county, or of the coration court of his city, a list of all persons in his county or city, who have 1, not later than six months prior to such election, the State poll taxes ired by this Constitution during the three years next preceding that in ch such election is held; which list shall be arranged alphabetically, by magisal districts or wards, shall state the white and colored persons separately, shall be verified by the oath of the treasurer. The clerk, within ten days n the receipt of the list, shall make and certify a sufficient number of copies reof, and shall deliver one copy for each voting place in his county or city the sheriff of the county or sergeant of the city, whose duty it shall be to t one copy, without delay, at each of the voting places and, within ten days m the receipt thereof, to make return on oath to the clerk, as to the places ere and dates at which said copies were respectively posted; which return clerk shall record in a book kept in his office for the purpose; and he shall p in his office for public inspection, for at least sixty days after receiving list, not less than ten certified copies thereof, and also cause the list to published in such other manner as may be prescribed by law; the original returned by the treasurer shall be filed and preserved by the clerk among public records of his office for at least five years after receiving the same. hin thirty days after the list has been so posted, any person who shall have 1 his capitation tax, but whose name is omitted from the certified list, may, r five days' written notice to the treasurer, apply to the circuit court of his nty, or corporation court of his city, or to the judge thereof in vacation, to e the same corrected and his name entered thereon, which application the rt or judge shall promptly hear and decide.
The clerk shall deliver, or cause to be delivered, with the poll books, at a sonable time before every election, to one of the judges of election of each cinct of his county or city, a like certified copy of the list, which shall be clusive evidence of the facts therein stated for the purpose of voting. The k shall also, within sixty days after the filing of the list by the treasurer. vard a certified copy thereof, with such corrections as may have been made by er of the court or judge, to the Auditor of Public Accounts, who shall charge amount of the poll taxes stated therein to such treasurer unless previously >unted for,
DIVISION OF POWERS.
Further evidence of the prepayment of the capitation taxes required by Constitution, as a prerequisite to the right to register and vote, may be scribed by law.
SEC. 39. Except as hereinafter provided, the legislative, executive, and ciary departments shall be separate and distinct, so that neither exercise powers properly belonging to either of the others, nor any person exercise power of more than one of them at the same time.
ARTICLE IV. 1
SEC. 40. The legislative power of the State shall be vested in a General embly, which shall consist of a Senate and House of Delegates.
SEC. 41. The Senate shall consist of not more than forty and not less than thirty-three members, who shall be elected quadrennially by the voters of the several senatorial districts, on the Tuesday succeeding the first Monday November.
SEC. 42. The House of Delegates shall consist of not more than one hun dred and not less than ninety members, who shall be elected bi-ennially by the voters of the several house districts, on the Tuesday succeeding the first Monday in November.
SEC. 43. The apportionment of the State into senatorial and house districts. made by the acts of the General Assembly, approved April the second, nineteer hundred and two, is hereby adopted; but a re-apportionment may be made in the year nineteen hundred and six, and shall be made in the year nineteen hundred and twelve, and every tenth year thereafter.
SEC. 44. Any person may be elected senator who, at the time of election is actually a resident of the senatorial district and qualified to vote for men bers of the General Assembly, and any person may be elected a member of the House of Delegates who, at the time of election, is actually a resident of the house district and qualified to vote for members of the General Assembly. Bu ́no person holding a 'salaried office under the State government, and no judg of any court, attorney for the Commonwealth, sheriff, sergeant, treasurer, as sessor of taxes, commissioner of the revenue, collector of taxes, or clerk of any court, shall be a member of either house of the General Assembly duris. his continuance in office, and the election of any such person to either hous of the General Assembly, and his qualification as a member thereof, shall vacatany such office held by him, and no person holding any office or post of preor emolument under the United States government or who is in the empir ment of such government, shall be eligible to either house. The removal of senator or delegate from the district for which he is elected, shall vacate office.
SEC. 45. The members of the General Assembly shall receive for their ices a salary to be fixed by law and paid from the public treasury; but act increasing such salary shall take effect until after the end of the termit which the members voting thereon were elected; and no member during të term for which he shall have been elected, shall be appointed or elected to 2′′ civil office of profit in the State except offices filled by election by the peop SEC. 46. The General Assembly shall meet once in two years on the se Wednesday in January next succeeding the election of the members of t House of Delegates and not oftener unless convened in the manner prestie by this Constitution. No session of the General Assembly, after the first und this Constitution, shall continue longer than sixty days; but with the ea rence of three-fifths of the members elected to each house, the session may extended for a period not exceeding thirty days. Except for the first sessi held under this Constitution, members shall be allowed a salary for not c ceeding sixty days at any regular session, and for not exceeding thirty d at any extra session. Neither house shall, without the consent of the oth adjourn to another place nor for more than three days. A majority of t members elected to each house shall constitute a quorum to do business, br smaller number may adjourn from day to day, and shall have power to en the attendance of members in such manner and under such penalty as e house may prescribe.
SEC. 47. The House of Delegates shall choose its own speaker; ati the absence of the Lieutenant-Governor, or, when he shall exercise the f of Governor, the Senate shall choose from their own body a president tempore. Each house shall select its officers, settle its rules of procedure. direct writs of election for supplying vacancies which may occur during session of the General Assembly; but, if vacancies occur during the recess, st writs may be issued by the Governor, under such regulations as may le scribed by law. Each house shall judge of the election, qualification, ri turns of its members; may punish them for disorderly behaviour, and the concurrence of two-thirds, expel a member.
SEC. 48. Members of the General Assembly shall, in all cases, except treason, felony, or breach of the peace, be privileged from arrest during the sessions of their respective houses; and for any speech or debate in either house shall not be questioned in any other place. They shall not be subject to arrest. under any civil process, during the sessions of the General Assembly, or the fifteen days next before the beginning or after the ending of any session.
SEC. 49. Each house shall keep a journal of its proceedings, which shall be published from time to time, and the yeas and nays of the members of either house on any question shall, at the desire of one-fifth of those present, be entered on the journal.
SEC. 50. No law shall be enacted except by bill. A bill may originate in either house, to be approved or rejected by the other, or may be amended by either, with the concurrence of the other.
No bill shall become a law unless, prior to its passage, it has been,
(a) Referred to a committee of each house, considered by such committee in session, and reported;
(b) Printed by the house, in which it originated, prior to its passage therein;
(c) Read at length on three different calendar days in each house; and unless,
(a) A yea and nay vote has been taken in each house upon its final passage, the names of the members voting for and against entered on the journal, and a majority of those voting, which shall include at least two-fifths of the members elected to each house, recorded in the affirmative.
And only in the manner required in subdivision (d) of this section shall an amendment to a bill by one house be concurred in by the other, or a conference report be adopted by either house, or either house discharge a mittee from the consideration of a bill and consider the same as if reported: provided, that the printing and reading, or either, required in subdivisions (b) and (c) of this section, may be dispensed with in a bill to codify the laws of the State, and in any case of energency by a vote of four-fifths of the members voting in each house taken by the yeas and nays, the names of the members voting for and against entered on the journal; and provided further, that o bill which creates, or establishes a new office, or which creates, continues or revives a debt or charge, or makes, continues or revives any appropriation of public or trust money, or property, or releases, discharges or commutes any laim or demand of the State, or which imposes, continues or revives a tax, shall be passed except by the affirmative vote of à majority of all the memers elected to each house, the vote to be by the yeas and nays, and the members oting for and against entered on the journal. Every law, imposing, continuing or reviving a tax shall specifically state such tax, and no law shall be construed is so stating such tax which requires a reference to any other law or any other ax. The presiding officer of each house shall, in the presence of the house over which he presides, sign every bill that has been passed by both houses and uly enrolled. Immediately before this is done, all other business being sus ended, the title of the bill shall be publicly read. The fact of signing shall -e entered on the journal.
SEC. 51. There shall be a joint committee of the General Assembly, conisting of seven members appointed by the House of Delegates and five memers appointed by the Senate, which shall be a standing committee on special, rivate and local legislation. Before reference to a committee, as provided by ection Fifty, any special, private, or local bill introduced in either house shall e referred to and considered by such joint committee and returned to the ouse in which it originated, with a statement in writing whether the object f the bill can be accomplished under general law or by court proceeding: hereupon, the bill, with the accompanying statement, shall take the course rovided by section Fifty. The joint committee may be discharged from the onsideration of a bill by the house in which it originated in the manner proded in section Fifty for the discharge of other committees.
No law shall embrace more than one object, which shall be ex
pressed in its title; nor shall any law, be revived or amended with reference to its title, but the act revived or the section amended shall be re-enacted and published at length,
SEC. 53. No law, except a general appropriation law, shall take effect until at least ninety days after the adjournment of the session of the General Assembly at which it is enacted, unless in case of an emergency (which emergency shall be expressed in the body of the bill), the General Assembly shall otherwise direct by a vote of four-fifths of the members voting in each house. such vote to be taken by the yeas and nays, and the names of the members voting for and against entered on the journal.
SEC. 54. The Governor, Lieutenant-Governor. Attorney-General, judges, members of the State Corporation Commission, and executive officers at the seat of government, and all officers appointed by the Governor or elected by the General Assembly, offending against the State by malfeasance in office, corruption, neglect of duty, or other high crime or misdemeanor, may be impeached by the House of Delegates, and prosecuted before the Senate, which shall have the sole power to try impeachment. When sitting for that purpose, the senators shall be on oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the senators present. Judgment in case of impeachment shall not extend further than removal from office and disqualification to hold and enjoy any office of honor, trust, or profit under the State; but the person convicted shall nevertheless be subject to indictment, trial, judgment, and punishment according to law. The Senate may sit during the recess of the General Assembly for the trial of impeachments.
SEC. 55. The General Assembly shall, by law, apportion the State into dis tricts, corresponding with the number of representatives to which it may be entitled in the House of Representatives of the Congress of the United States; which districts shall be composed of contiguous and compact territory cou taining, as, nearly as practicable, an equal number of inhabitants.
SEC. 6. The manner of conducting and making returns of elections, of determining contested, elections, and of filling vacancies in office, in cases not specially provided for by this Constitution, shall be prescribed by law, and the General Assembly may declare the cases in which any office shall be deemed vacant where no provision is made for that purpose in this Constitution.
SEC. 57. The General Assembly shall have power, by a two-thirds vote. to remove disabilities incurred under section Twenty-three, of Article Two, of this Constitution, with reference to dueling,
SEC. 58. The privilege of the writ of habeas corpus shall not be suspended unless, when in cases of invasion or rebellion, the public safety may require. The General Assembly shall not pass any bill of attainder, or any ex post facto law, or any law impairing the obligation of contracts, or any law abridging the freedom of speech or of the press. It shall not enact any law whereby private 'property shall be taken or damaged for public uses, without just compensation. No man shall be compelled to frequent or support any religious worship, place, or ministry whatsoever, nor shall be enforced, restrained, molested, or burthened in his body or goods, nor shall otherwise suffer on account of his religious opinions or belief; but all men shall be free to profess, and by argu ment to maintain, their opinions in matters of religion, and the same shall in no wise diminish, enlarge, or affect their civil capacities. And the General Assembly shall not prescribe any religious test whatever, or confer any peculiar privileges or advantages on any sect or denomination, or pass any law requiring or authorizing any religious society, or the people of any district within this State, to levy on themselves or others any tax for the erection or repair of any house of public worship, or for the support of any church or ministry; but it shall be left free to every person to select his religious instructor, and to make for his support such private contract as he shall please.
SEC. 59. The General Assembly shall not grant a charter of incorporatio to any church or religious denomination, but may secure the title to church property to an extent to be limited by law.
SEC. 60. No lottery shall hereafter be anthorized by law; and the buying selling. or transferring of tickets or chances in any lottery shall be prohibited.