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for taxes in any part of the district or territory to be affected by the result of such election shall be entitled to vote thereon.
SEC. 5. Every elector in all cases, except for treason, felony or breach of the peace, shall be privileged from arrest during his attendance at elections and in going to and returning from the same.
SEC. 6. No elector shall be obliged to do militia duty on the day of elec tion, except in time of war or public danger, or to attend court as a suitor or witness.
SEC. 7. All votes shall be given by ballot, except for such township officers as may be authorized by law to be otherwise chosen.
SEC. 8. Laws shall be passed to preserve the purity of elections and guard against abuses of the elective franchise, and to provide for the recall of all elective officers, except judges of courts of record and courts of like jurisdiction upon petition of twenty-five per centum of the number of electors who voted at the preceding election for the office of governor in their respective electoral districts.2
DIVISION OF THE POWERS OF GOVERNMENT.
SECTION 1. The powers of government are divided into three departments: The legislative, executive and judicial.
SEC. 2. No person belonging to one department shall exercise the powers properly belonging to another, except in the cases expressly provided in this constitution.
SECTION 1. The legislative power of the state of Michigan is vested in a senate and house of representatives; but the people reserve to themselves the power to propose legislative measures, resolutions and laws; to enact or reject the same at the polls independently of the legislature; and to approve or reject at the polls any act passed by the legislature, except acts making appropria tions for state institutions and to meet deficiencies in state funds. The first power reserved by the people is the initiative. At least eight per cent of the legal voters of the state shall be required to propose any measure by petition: Provided, That no law shall be enacted by the initiative that could not under this constitution be enacted by the legislature. Initiative petitions shall set forth in full the proposed measure, and shall be filed with the secretary of state not less than ten days before the commencement of any session of the legislature. Every petition shall be certified to as herein provided as having been signed by qualified electors of the state equal in number to eight per cent of the total vote cast for all candidates for governor at the last preceding general election, at which a governor was elected. Upon receipt of any initiative petition, the secretary of state shall canvass the same to ascertain if such petition has been signed by the requisite number of qualified electors, and if the same has been so signed, the secretary of state shall transmit such petition to the legislature as soon as it convenes and organizes. The law proposed by such petition shall be either enacted or rejected by the legislature without change or amendment within forty days from the time such petition is received by the legislature.
If any law proposed by such petition shall be enacted by the legislature it shall be subject to referendum, as hereinafter provided. If any law so petitioned for be rejected, or if no action is taken upon it by the legislature within said forty days, the secretary of state shall submit such proposed law to the people for approval or rejection at the next ensuing general election. The legis
Amendment proposed by the legislature of 1913 and ratified at the election of April 7, 1913. The text of the original section is as follows: Section 8. Laws shar be passed to preserve the purity of elections and guard against abuses of the electiv franchise.
lature may reject any measure so proposed by initiative petition and propose a different measure upon the same subject by a yea and nay vote upon separate roll calls, and in such event both measures shall be submitted by the secretary of state to the electors for approval or rejection at the next ensuing general election. All said initiative petitions last above described shall have printed thereon in twelve-point black face type the following: "Initiative measure to be presented to the legislature."
The second power reserved to the people is the referendum. No act passed by the legislature shall go into effect until ninety days after the final adjournment of the session of the legislature which passed such act, except such acts making appropriations and such acts immediately necessary for the preservation of the public peace, health or safety, as have been given immediate effect by action of the legislature.
Upon presentation to the secretary of state within ninety days after the final adjournment of the legislature, of a petition certified to as herein provided, as having been signed by qualified electors equal in number to five per cent of the total vote cast for all candidates for governor at the last election at which a governor was elected, asking that any act, section or part of any act of the legislature, be submitted to the electors for approval or rejection. the secretary of state, after canvassing such petition as above required, and the same is found to be signed by the requisite number of electors, shall submit to the electors for approval or rejection such act or section or part of any act at the next succeeding general election; and no such act shall go into effect until and unless approved by a majority of the qualified electors voting thereon.
Any act submitted to the people by either initiative or referendum petition and approved by a majority of the votes cast thereon at any election shall take effect ten days after the date of the official declaration of the vote by the secretary of state. No act initiated or adopted by the people, shall be subject to the veto power of the governor, and no act adopted by the people at the polls under the initiative provisions of this section shall be amended or repealed, except by a vote of the electors unless otherwise provided in said initiative measure, but the legislature may propose such amendments, alterations or repeals to the people. Acts adopted by the people under the referendum provision of this section may be amended by the legislature at any subsequent session hereof: Provided, however, If two or more measures approved by the electors at the same election conflict, the measure receiving the highest affirmative vote shall prevail. The text of all measures to be submitted shall be published as constitutional amendments are required by law to be published.
Any initiative or referendum petition may be presented in sections, each section containing a full and correct copy of the title and text of the proposed measure. Each signer thereto shall add to his signature, his place of residence, street and number in cities having street numbers, and his election preeinct. Any qualified elector of the state shall be competent to solicit such sigtures within the county in which he is an elector. Each section of the petition shall bear the name of the county or city in which it is circulated, and only qualified electors of such county or city shall be competent to sign such Section. Each section shall have attached thereto the affidavit of the person Soliciting signatures to the same, stating his own qualifications and that all the Signatures to the attached section were made in his presence, that each signature to the section is the genuine signature of the person signing the same, and o other affidavit thereto shall be required. Such petitions so verified shall be prima facie evidence that the signatures thereon are genuine and that the persons signing the same are qualified electors.
Each section of the petition shall be filed with the clerk of the county in which it was circulated, but all said sections circulated in any county shall be filed at the same time. Within twenty days after the filing of such petition in his office, the said clerk shall forward said petition to the secretary of state. Within forty days from the transmission of the said petition to the secretary of state, a supplemental petition identical with the original as to the body of the petition but containing supplemental names, may be filed with the county
clerk, and such supplemental petition shall be forwarded to the secretary of state by said clerk within ten days after the filing of the same.3
SEC. 2. The senate shall consist of thirty-two members. Senators shall be elected for two years and by single districts. Such districts shall be numbered from one to thirty-two, inclusive, each of which shall choose one senator. No county shall be divided in the formation of senatorial districts, unless such county shall be equitably entitled to two or more senators.
SEC. 3. The house of representatives shall consist of not less than sixtyfour nor more than one hundred members. Representatives shall be chosen for two years and by single districts, which shall contain as nearly as may be an equal number of inhabitants and shall consist of convenient and contiguous territory; but no township or city shall be divided in the formation of a representative district. When any township or city shall contain a population which entitles it to more than one representative, then such township or city shall elect by general ticket the number of representatives to which it is entitled. Each county, with such territory as may be attached thereto, shall be entitled to a separate representative when it has attained a population equal to a moiety of the ratio of representation. In every county entitled to more than one representative, the board of supervisors shall assemble at such time and place as shall be prescribed by law, divide the same into representative districts equal to the number of representatives to which such county is entitles) by law, and shall cause to be filed in the offices of the secretary of state and clerk of such county a description of such representative districts, specifying the number of each district and population thereof according to the last preced ing enumeration.
SEC. 4. At the session in nineteen hundred thirteen, and each tenth year thereafter, the legislature shall by law rearrange the senatorial districts and apportion anew the representatives among the counties and districts according to the number of inhabitants, using as the basis for such apportionment the last preceding United States census of this state. Each apportionment so madež and the division of any county into representative districts by its board of supervisors, made thereunder, shall not be altered until the tenth year there after.
SEC. 5. Each senator and representative shall be a citizen of the Unite States and a qualified elector of the district he represents, and his removal from the district shall be deemed a vacation of the office.
SEC. 6. No person holding any office under the United States or this state or any county office, except notaries public, officers of the militia and officers elected by townships, shall be eligible to or have a seat in either house of the legislature; and all votes given for any such person shall be void.
SEC. 7. No person elected a member of the legislature shall receive any civil appointment within this state or to the senate of the United States from the governor, except notaries public, or from the governor and senate, from the legislature, or any other state authority, during the term for which he is elected. All such appointments and all votes given for any person so elected for any such office or appointment shall be void. No member of the legis lature shall be interested directly or indirectly in any contract with the state or any county thereof, authorized by any law passed during the time for whier he is elected, nor for one year thereafter.
SEC. S. Senators and representatives shall in all cases, except for treasu felony or breach of the peace, be privileged from arrest during sessions of the legislature and for fifteen days next before the commencement and after th termination thereof. They shall not be subject to any civil process during the same period. They shall not be questioned in any other place for any spee in either house.
SEC. 9. The compensation of the members of the legislature shall be eigh hundred dollars for the regular session. When convened in extra session the
Amendment proposed by the legislature of 1913 and ratified at the election April 7, 1913. The text of the original section is as follows: Section 1. The legis lative power is vested in a senate and house of representatives.
ompensation shall be five dollars per day for the first twenty days and nothing hereafter. Members shall be entitled to ten cents per mile and no more for ne round trip to each regular and special session of the legislature by the sually traveled route. Each member shall be entitled to one copy of the laws, ournals and documents of the legislature of which he is a member, but shall ot receive, at the expense of the state, books, newspapers or perquisites of he office not expressly authorized by this constitution.
SEC. 10. The president of the senate and speaker of the house of repreentatives shall be entitled to the same compensation and mileage as members f the legislature and no more.
SEC. 11. In case of a contested election, compensation and mileage shall e paid only to the person declared to be entitled to a seat by the house in which the contest takes place.
SEC. 12. The election of senators and representatives, pursuant to the provisions of this constitution, shall be held on the Tuesday succeeding the irst Monday of November, nineteen hundred ten, and on the Tuesday suceding the first Monday of November of every second year thereafter.
SEC. 13. The legislature shall meet at the seat of government on the first Wednesday in January, nineteen hundred nine, and on the first Wednesday n January in every second year thereafter, and at no other place or time nless as provided in this constitution; and shall adjourn without day, at such time as shall be determined by concurrent resolution, at twelve o'clock noon.
SEC. 14. A majority of each house shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may prescribe.
SEC. 15. Each house, except as otherwise provided in this constitution, shall choose its own officers and determine the rules of its proceedings, but shall Lot adopt any rule that will prevent a majority of the members elected from scharging a committee from the further consideration of any measure. Each bose shall judge of the qualifications, elections and returns of its members, and may, with the concurrence of two-thirds of all the members elected, expel a member. The reasons for such expulsion shall be entered upon the journal, with the names of the members voting on the question. No member shall be expelled a second time for 'the same cause.
SEC. 16. Each house shall keep a journal of its proceedings and publish the same, except such parts as may require secrecy. The yeas and nays of the nembers of either house on any question shall be entered on the journal at he request of one-fifth of the members present. Any member of either house may dissent from and protest against any act, proceeding or resolution which le may deem injurious to any person or the public, and have the reason for is dissent entered on the journal.
SEC. 17. In all elections by either house or in joint convention the votes hall be given viva voce. All votes on nominations to the senate shall be taken yeas and nays and published with the journal of its proceedings.
SEC. 18. The doors of each house shall be open unless the public welfare equires secrecy. Neither house shall, without the consent of the other, adurn for more than three days, nor to any other place than where the legis ature may then be in session.
SEC. 19. All legislation by the legislature shall be by bill and may origBate in either house of the legislature.4
SEC. 20. The style of the laws shall be: "The People of the State of Lichigan enact."
SEC. 21. No law shall embrace more than one object, which shall be exressed in its title. No law shall be revised, altered or amended by reference its title only; but the act revised and the section or sections of the act tered or amended shall be re-enacted and published at length. No act shall
Amendment proposed by the legislature of 1913 and ratified at the election of pril 7, 1913. The text of the original section is as follows: Section 19. All gislation shall be by bill, and may originate in either house of the legislature.
take effect or be in force until the expiration of ninety days from the end of the session at which the same is passed, except that the legislature may give immediate effect to acts making appropriations and acts immediately necessary for the preservation of the public peace, health or safety by a two-thirds vote of the members elected to each house.
SEC. 22. No bill shall be passed or become a law at any regular session of the legislature until it has been printed and in the possession of each house for at least five days. No bill shall be passed at a special session of the legis lature on any other subjects than those expressly stated in the governor's proc lamation or submitted by special message. No bill shall be altered or amended on its passage through either house so as to change its original purpose.
SEC. 23. Every bill shall be read three times in each house before the final passage thereof. No bill shall become a law without the concurrence of a majority of all the members elected to each house. On the final passage of al bills, the vote shall be by yeas and nays and entered on the journal.
SEC. 24. The assent of two-thirds of the members elected to each house of the legislature shall be requisite to every bill appropriating the public money or property for local or private purposes.
SEC. 25. Fuel, stationery, blanks, printing and binding for the use of the state shall be furnished under contract or contracts with the lowest bidder or bidders who shall give adequate and satisfactory security for the performance thereof. The legislature shall prescribe by law the manner in which the state printing shall be executed and the accounts rendered therefor; and shall pre hibit all charges for constructive labor. It shall not rescind nor alter such co tract, nor release the person or persons taking the same or his or their sureties from the performance of any of the conditions of the contract. No member d the legislature nor officer of the state shall be interested directly or indirectly in any such contract.
SEC. 26. The legislature may authorize the employment of a chaplain for each of the state prisons; but no money shall be appropriated for the payment of any religious services in either house of the legislature.
SEC. 27. The legislature may authorize a trial by a jury of a less number than twelve men.
SEC. 28. The legislature may provide by law for indeterminate sentences so called, as a punishment for crime, on conviction thereof, and for the deter tion and release of persons imprisoned or detained on said sentences.
SEC. 29. The legislature shall have power to enact laws relative to the hours and conditions under which women and children may be employed. SEC. 30. The legislature shall pass no local or special act in any case where a general act can be made applicable, and whether a general act can made applicable shall be a judicial question. No local or special act, excepting acts repealing local or special acts in effect January one. nineteen hundred nine and receiving a two-thirds vote of the legislature shall take effect until ap. proved by a majority of the electors voting thereon in the district to be affected.5
SEC. 31. The legislature shall not authorize by private or special law the sale or conveyance of any real estate belonging to any person.
SEC. 32. Divorces shall not be granted by the legislature.
SEC. 33. The legislature shall not authorize any lottery nor permit the sale of lottery tickets.
The legislature shall not audit nor allow any private claim of
SEC. 35. The legislature shall not establish a state paper.
SEC. 36. Every bill passed by the legislature shall be presented to the governor before it becomes a law. If he approve, he shall sign it; if not, he
Amendment proposed by the legislature of 1915 and ratified at the election November 7, 1916. The text of the original section is as follows: Section 30. The legislature shall pass no local or special act in any case where a general act can be made applicable, and whether a general act can be made applicable shall be a judicial question. No local or special act shall take effect until approved by a majority of the electors voting thereon in the district to be affected.