March 25, 2014, Introduced by Senators BIEDA, WHITMER, WARREN, GREGORY, ANDERSON, SMITH, ANANICH, HOPGOOD, HUNTER, YOUNG, HOOD, ROCCA, SCHUITMAKER and JONES and referred to the Committee on Government Operations.
A joint resolution proposing an amendment to the state
constitution of 1963, by amending sections 2, 4, 5, 6, 13, 17, and
18 of article I, section 3 of article II, section 5 of article III,
sections 4, 7, 9, 18, 33, and 53 of article IV, sections 2, 3, 8,
10, 11, 14, 17, 22, 23, 24, 25, and 26 of article V, sections 2, 3,
6, 11, 17, 18, 20, 21, 22, and 30 of article VI, sections 6, 28,
and 32 of article VII, sections 3, 5, and 6 of article VIII,
sections 4, 5, and 7 of article XI, and section 3 of article XII,
to make the language of the state constitution of 1963 gender
neutral.
Resolved by the Senate and House of Representatives of the
state of Michigan, That the following amendment to the state
constitution of 1963, to make the language of the state
constitution of 1963 gender neutral, is proposed, agreed to, and
submitted to the people of the state:
ARTICLE I
Sec. 2. No person shall be denied the equal protection of the
laws; nor shall any person be denied the enjoyment of his or her
civil or political rights or be discriminated against in the
exercise thereof because of religion, race, color or national
origin. The legislature shall implement this section by appropriate
legislation.
Sec. 4. Every person shall be at liberty to worship God
according to the dictates of his or her own conscience. No person
shall be compelled to attend, or, against his or her consent, to
contribute to the erection or support of any place of religious
worship, or to pay tithes, taxes or other rates for the support of
any minister of the gospel or teacher of religion. No money shall
be appropriated or drawn from the treasury for the benefit of any
religious sect or society, theological or religious seminary; nor
shall property belonging to the state be appropriated for any such
purpose. The civil and political rights, privileges and capacities
of no person shall be diminished or enlarged on account of his or
her religious belief.
Sec. 5. Every person may freely speak, write, express and
publish his or her views on all subjects, being responsible for the
abuse of such right; and no law shall be enacted to restrain or
abridge the liberty of speech or of the press.
Sec. 6. Every person has a right to keep and bear arms for the
defense of himself or herself and the state.
Sec. 13. A suitor in any court of this state has the right to
prosecute or defend his or her suit, either in his or her own
proper person or by an attorney.
Sec. 17. No person shall be compelled in any criminal case to
be a witness against himself or herself, nor be deprived of life,
liberty or property, without due process of law. The right of all
individuals, firms, corporations and voluntary associations to fair
and just treatment in the course of legislative and executive
investigations and hearings shall not be infringed.
Sec. 18. No person shall be rendered incompetent to be a
witness on account of his or her opinions on matters of religious
belief.
ARTICLE II
Sec. 3. For purposes of voting in the election for president
and vice-president of the United States only, the legislature may
by law establish lesser residence requirements for citizens who
have resided in this state for less than six months and may waive
residence requirements for former citizens of this state who have
removed herefrom. The legislature shall not permit voting by any
person who meets the voting residence requirements of the state to
which he or she has removed.
ARTICLE III
Sec. 5. Subject to provisions of general law, this state or
any political subdivision thereof, any governmental authority or
any combination thereof may enter into agreements for the
performance, financing or execution of their respective functions,
with any one or more of the other states, the United States, the
Dominion of Canada, or any political subdivision thereof unless
otherwise provided in this constitution. Any other provision of
this constitution notwithstanding, an officer or employee of the
state or of any such unit of government or subdivision or agency
thereof may serve on or with any governmental body established for
the purposes set forth in this section and shall not be required to
relinquish his or her office or employment by reason of such
service. The legislature may impose such restrictions, limitations
or conditions on such service as it may deem appropriate.
ARTICLE IV
Sec. 4. In counties having more than one representative or
senatorial district, the territory in the same county annexed to or
merged with a city between apportionments shall become a part of a
contiguous representative or senatorial district in the city with
which it is combined, if provided by ordinance of the city. The
district or districts with which the territory shall be combined
shall be determined by such ordinance certified to the secretary of
state. No such change in the boundaries of a representative or
senatorial district shall have the effect of removing a legislator
from office during his or her term.
Sec. 7. Each senator and representative must be a citizen of
the United States, at least 21 years of age, and an elector of the
district he or she represents. The removal of his or her domicile
from the district shall be deemed a vacation of the office. No
person who has been convicted of subversion or who has within the
preceding 20 years been convicted of a felony involving a breach of
public trust shall be eligible for either house of the legislature.
Sec. 9. No person elected to the legislature shall receive any
civil appointment within this state from the governor, except
notaries public, from the legislature, or from any other state
authority, during the term for which he or she is elected.
Sec. 18. Each house shall keep a journal of its proceedings,
and publish the same unless the public security otherwise requires.
The record of the vote and name of the members of either house
voting on any question shall be entered in the journal at the
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 he or she deems injurious to any person or the
public, and have the reason for his or her dissent entered in the
journal.
Sec. 33. Every bill passed by the legislature shall be
presented to the governor before it becomes law, and the governor
shall have 14 days measured in hours and minutes from the time of
presentation in which to consider it. If he or she approves, he or
she shall within that time sign and file it with the secretary of
state and it shall become law. If he or she does not approve, and
the legislature has within that time finally adjourned the session
at which the bill was passed, it shall not become law. If he or she
disapproves, and the legislature continues the session at which the
bill was passed, he or she shall return it within such 14-day
period with his or her objections, to the house in which it
originated. That house shall enter such objections in full in its
journal and reconsider the bill. If two-thirds of the members
elected to and serving in that house pass the bill notwithstanding
the objections of the governor, it shall be sent with the
objections to the other house for reconsideration. The bill shall
become law if passed by two-thirds of the members elected to and
serving in that house. The vote of each house shall be entered in
the journal with the votes and names of the members voting thereon.
If any bill is not returned by the governor within such 14-day
period, the legislature continuing in session, it shall become law
as if he or she had signed it.
Sec. 53. The legislature by a majority vote of the members
elected to and serving in each house, shall appoint an auditor
general, who shall be a certified public accountant licensed to
practice in this state, to serve for a term of eight years. He or
she shall be ineligible for appointment or election to any other
public office in this state from which compensation is derived
while serving as auditor general and for two years following the
termination of his or her service. He or she may be removed for
cause at any time by a two-thirds vote of the members elected to
and serving in each house. The auditor general shall conduct post
audits of financial transactions and accounts of the state and of
all branches, departments, offices, boards, commissions, agencies,
authorities and institutions of the state established by this
constitution or by law, and performance post audits thereof.
The auditor general upon direction by the legislature may
employ independent accounting firms or legal counsel and may make
investigations pertinent to the conduct of audits. He or she shall
report annually to the legislature and to the governor and at such
other times as he or she deems necessary or as required by the
legislature. He or she shall be assigned no duties other than those
specified in this section.
Nothing in this section shall be construed in any way to
infringe the responsibility and constitutional authority of the
governing boards of the institutions of higher education to be
solely responsible for the control and direction of all
expenditures from the institutions' funds.
The auditor general, his or her deputy and one other member of
his or her staff shall be exempt from classified civil service. All
other members of his or her staff shall have classified civil
service status.
ARTICLE V
Sec. 2. All executive and administrative offices, agencies and
instrumentalities of the executive branch of state government and
their respective functions, powers and duties, except for the
office of governor and lieutenant governor and the governing bodies
of institutions of higher education provided for in this
constitution, shall be allocated by law among and within not more
than 20 principal departments. They shall be grouped as far as
practicable according to major purposes.
Subsequent to the initial allocation, the governor may make
changes in the organization of the executive branch or in the
assignment of functions among its units which he or she considers
necessary for efficient administration. Where these changes require
the force of law, they shall be set forth in executive orders and
submitted to the legislature. Thereafter the legislature shall have
60 calendar days of a regular session, or a full regular session if
of shorter duration, to disapprove each executive order. Unless
disapproved in both houses by a resolution concurred in by a
majority of the members elected to and serving in each house, each
order shall become effective at a date thereafter to be designated
by the governor.
Sec. 3. The head of each principal department shall be a
single executive unless otherwise provided in this constitution or
by law. The single executives heading principal departments shall
include a secretary of state, a state treasurer and an attorney
general. When a single executive is the head of a principal
department, unless elected or appointed as otherwise provided in
this constitution, he or she shall be appointed by the governor by
and with the advice and consent of the senate and he or she shall
serve at the pleasure of the governor.
When a board or commission is at the head of a principal
department, unless elected or appointed as otherwise provided in
this constitution, the members thereof shall be appointed by the
governor by and with the advice and consent of the senate. The term
of office and procedure for removal of such members shall be as
prescribed in this constitution or by law.
Terms of office of any board or commission created or enlarged
after the effective date of this constitution shall not exceed four
years except as otherwise authorized in this constitution. The
terms of office of existing boards and commissions which are longer
than four years shall not be further extended except as provided in
this constitution.
Sec. 8. Each principal department shall be under the
supervision of the governor unless otherwise provided by this
constitution. The governor shall take care that the laws be
faithfully executed. He or she shall transact all necessary
business with the officers of government and may require
information in writing from all executive and administrative state
officers, elective and appointive, upon any subject relating to the
duties of their respective offices.
The governor may initiate court proceedings in the name of the
state to enforce compliance with any constitutional or legislative
mandate, or to restrain violations of any constitutional or
legislative power, duty or right by any officer, department or
agency of the state or any of its political subdivisions. This
authority shall not be construed to authorize court proceedings
against the legislature.
Sec. 10. The governor shall have power and it shall be his or
her duty to inquire into the condition and administration of any
public office and the acts of any public officer, elective or
appointive. He or she may remove or suspend from office for gross
neglect of duty or for corrupt conduct in office, or for any other
misfeasance or malfeasance therein, any elective or appointive
state officer, except legislative or judicial, and shall report the
reasons for such removal or suspension to the legislature.
Sec. 11. The governor may make a provisional appointment to
fill a vacancy occasioned by the suspension of an appointed or
elected officer, other than a legislative or judicial officer,
until he or she is reinstated or until the vacancy is filled in the
manner prescribed by law or this constitution.
Sec. 14. The governor shall have power to grant reprieves,
commutations and pardons after convictions for all offenses, except
cases of impeachment, upon such conditions and limitations as he or
she may direct, subject to procedures and regulations prescribed by
law. He or she shall inform the legislature annually of each
reprieve, commutation and pardon granted, stating reasons therefor.
Sec. 17. The governor shall communicate by message to the
legislature at the beginning of each session and may at other times
present to the legislature information as to the affairs of the
state and recommend measures he or she considers necessary or
desirable.
Sec. 22. To be eligible for the office of governor or
lieutenant governor a person must have attained the age of 30
years, and have been a registered elector in this state for four
years next preceding his or her election.
Sec. 23. The governor, lieutenant governor, secretary of state
and attorney general shall each receive the compensation provided
by law in full payment for all services performed and expenses
incurred during his or her term of office. Such compensation shall
not be changed during the term of office except as otherwise
provided in this constitution.
Sec. 24. An executive residence suitably furnished shall be
provided at the seat of government for the use of the governor. He
or she shall receive an allowance for its maintenance as provided
by law.
Sec. 25. The lieutenant governor shall be president of the
senate, but shall have no vote, unless they be equally divided. He
or she may perform duties requested of him or her by the governor,
but no power vested in the governor shall be delegated.
Sec. 26. In case of the conviction of the governor on
impeachment, his or her removal from office, his or her resignation
or his or her death, the lieutenant governor, the elected secretary
of state, the elected attorney general and such other persons
designated by law shall in that order be governor for the remainder
of the governor's term.
In case of the death of the governor-elect, the lieutenant
governor-elect, the secretary of state-elect, the attorney general-
elect and such other persons designated by law shall become
governor in that order at the commencement of the governor-elect's
term.
If the governor or the person in line of succession to serve
as governor is absent from the state, or suffering under an
inability, the powers and duties of the office of the governor
shall devolve in order of precedence until the absence or inability
giving rise to the devolution of powers ceases.
The inability of the governor or person acting as governor
shall be determined by a majority of the supreme court on joint
request of the president pro tempore of the senate and the speaker
of the house of representatives. Such determination shall be final
and conclusive. The supreme court shall upon its own initiative
determine if and when the inability ceases.
ARTICLE VI
Sec. 2. The supreme court shall consist of seven justices
elected at non-partisan elections as provided by law. The term of
office shall be eight years and not more than two terms of office
shall expire at the same time. Nominations for justices of the
supreme court shall be in the manner prescribed by law. Any
incumbent justice whose term is to expire may become a candidate
for re-election by filing an affidavit of candidacy, in the form
and manner prescribed by law, not less than 180 days prior to the
expiration of his or her term.
Sec. 3. One justice of the supreme court shall be selected by
the court as its chief justice as provided by rules of the court.
He or she shall perform duties required by the court. The supreme
court shall appoint an administrator of the courts and other
assistants of the supreme court as may be necessary to aid in the
administration of the courts of this state. The administrator shall
perform administrative duties assigned by the court.
Sec. 6. Decisions of the supreme court, including all
decisions on prerogative writs, shall be in writing and shall
contain a concise statement of the facts and reasons for each
decision and reasons for each denial of leave to appeal. When a
judge dissents in whole or in part he or she shall give in writing
the reasons for his or her dissent.
Sec. 11. The state shall be divided into judicial circuits
along county lines in each of which there shall be elected one or
more circuit judges as provided by law. Sessions of the circuit
court shall be held at least four times in each year in every
county organized for judicial purposes. Each circuit judge shall
hold court in the county or counties within the circuit in which he
or she is elected, and in other circuits as may be provided by
rules of the supreme court. The number of judges may be changed and
circuits may be created, altered and discontinued by law and the
number of judges shall be changed and circuits shall be created,
altered and discontinued on recommendation of the supreme court to
reflect changes in judicial activity. No change in the number of
judges or alteration or discontinuance of a circuit shall have the
effect of removing a judge from office during his or her term.
Sec. 17. No judge or justice of any court of this state shall
be paid from the fees of his or her office nor shall the amount of
his or her salary be measured by fees, other moneys received or the
amount of judicial activity of his or her office.
Sec. 18. Salaries of justices of the supreme court, of the
judges of the court of appeals, of the circuit judges within a
circuit, and of the probate judges within a county or district,
shall be uniform, and may be increased but shall not be decreased
during a term of office except and only to the extent of a general
salary reduction in all other branches of government.
Each of the judges of the circuit court shall receive an
annual salary as provided by law. In addition to the salary
received from the state, each circuit judge may receive from any
county in which he or she regularly holds court an additional
salary as determined from time to time by the board of supervisors
of the county. In any county where an additional salary is granted,
it shall be paid at the same rate to all circuit judges regularly
holding court therein.
Sec. 20. Whenever a justice or judge removes his or her
domicile beyond the limits of the territory from which he or she
was elected or appointed, he or she shall have vacated his or her
office.
Sec. 21. Any justice or judge of a court of record shall be
ineligible to be nominated for or elected to an elective office
other than a judicial office during the period of his or her
service and for one year thereafter.
Sec. 22. Any judge of the court of appeals, circuit court or
probate court may become a candidate in the primary election for
the office of which he or she is the incumbent by filing an
affidavit of candidacy in the form and manner prescribed by law.
Sec. 30. (1) A judicial tenure commission is established
consisting of nine persons selected for three-year terms as
follows: Four members shall be judges elected by the judges of the
courts in which they serve; one shall be a court of appeals judge,
one a circuit judge, one a probate judge and one a judge of a court
of limited jurisdiction. Three shall be members of the state bar
who shall be elected by the members of the state bar of whom one
shall be a judge and two shall not be judges. Two shall be
appointed by the governor; the members appointed by the governor
shall not be judges, retired judges or members of the state bar.
Terms shall be staggered as provided by rule of the supreme court.
Vacancies shall be filled by the appointing power.
(2) On recommendation of the judicial tenure commission, the
supreme court may censure, suspend with or without salary, retire
or remove a judge for conviction of a felony, physical or mental
disability which prevents the performance of judicial duties,
misconduct in office, persistent failure to perform his or her
duties, habitual intemperance or conduct that is clearly
prejudicial to the administration of justice. The supreme court
shall make rules implementing this section and providing for
confidentiality and privilege of proceedings.
ARTICLE VII
Sec. 6. The sheriff may be required by law to renew his or her
security periodically and in default of giving such security, his
or her office shall be vacant. The county shall never be
responsible for his or her acts, except that the board of
supervisors may protect him or her against claims by prisoners for
unintentional injuries received while in his or her custody. He or
she shall not hold any other office except in civil defense.
Sec. 28. The legislature by general law shall authorize two or
more counties, townships, cities, villages or districts, or any
combination thereof among other things to: enter into contractual
undertakings or agreements with one another or with the state or
with any combination thereof for the joint administration of any of
the functions or powers which each would have the power to perform
separately; share the costs and responsibilities of functions and
services with one another or with the state or with any combination
thereof which each would have the power to perform separately;
transfer functions or responsibilities to one another or any
combination thereof upon the consent of each unit involved;
cooperate with one another and with state government; lend their
credit to one another or any combination thereof as provided by law
in connection with any authorized publicly owned undertaking.
Any other provision of this constitution notwithstanding, an
officer or employee of the state or any such unit of government or
subdivision or agency thereof, except members of the legislature,
may serve on or with any governmental body established for the
purposes set forth in this section and shall not be required to
relinquish his or her office or employment by reason of such
service.
Sec. 32. Any taxpayer of the state shall have standing to
bring suit in the Michigan State Court of Appeals to enforce the
provisions of Sections 25 through 31, inclusive, of this Article
and, if the suit is sustained, shall receive from the applicable
unit of government his or her costs incurred in maintaining such
suit.
ARTICLE VIII
Sec. 3. Leadership and general supervision over all public
education, including adult education and instructional programs in
state institutions, except as to institutions of higher education
granting baccalaureate degrees, is vested in a state board of
education. It shall serve as the general planning and coordinating
body for all public education, including higher education, and
shall advise the legislature as to the financial requirements in
connection therewith.
The state board of education shall appoint a superintendent of
public instruction whose term of office shall be determined by the
board.
He or she shall be the chairman chairperson of the board
without the right to vote, and shall be responsible for the
execution of its policies. He or she shall be the principal
executive officer of a state department of education which shall
have powers and duties provided by law.
The state board of education shall consist of eight members
who shall be nominated by party conventions and elected at large
for terms of eight years as prescribed by law. The governor shall
fill any vacancy by appointment for the unexpired term. The
governor shall be ex-officio a member of the state board of
education without the right to vote.
The power of the boards of institutions of higher education
provided in this constitution to supervise their respective
institutions and control and direct the expenditure of the
institutions' funds shall not be limited by this section.
Sec. 5. The regents of the University of Michigan and their
successors in office shall constitute a body corporate known as the
Regents of the University of Michigan; the trustees of Michigan
State University and their successors in office shall constitute a
body corporate known as the Board of Trustees of Michigan State
University; the governors of Wayne State University and their
successors in office shall constitute a body corporate known as the
Board of Governors of Wayne State University. Each board shall have
general supervision of its institution and the control and
direction of all expenditures from the institution's funds. Each
board shall, as often as necessary, elect a president of the
institution under its supervision. He or she shall be the principal
executive officer of the institution, be ex-officio a member of the
board without the right to vote and preside at meetings of the
board. The board of each institution shall consist of eight members
who shall hold office for terms of eight years and who shall be
elected as provided by law. The governor shall fill board vacancies
by appointment. Each appointee shall hold office until a successor
has been nominated and elected as provided by law.
Sec. 6. Other institutions of higher education established by
law having authority to grant baccalaureate degrees shall each be
governed by a board of control which shall be a body corporate. The
board shall have general supervision of the institution and the
control and direction of all expenditures from the institution's
funds. It shall, as often as necessary, elect a president of the
institution under its supervision. He or she shall be the principal
executive officer of the institution and be ex-officio a member of
the board without the right to vote. The board may elect one of its
members or may designate the president, to preside at board
meetings. Each board of control shall consist of eight members who
shall hold office for terms of eight years, not more than two of
which shall expire in the same year, and who shall be appointed by
the governor by and with the advice and consent of the senate.
Vacancies shall be filled in like manner.
ARTICLE XI
Sec. 4. No person having custody or control of public moneys
shall be a member of the legislature, or be eligible to any office
of trust or profit under this state, until he or she shall have
made an accounting, as provided by law, of all sums for which he or
she may be liable.
Sec. 5. The classified state civil service shall consist of
all positions in the state service except those filled by popular
election, heads of principal departments, members of boards and
commissions, the principal executive officer of boards and
commissions heading principal departments, employees of courts of
record, employees of the legislature, employees of the state
institutions of higher education, all persons in the armed forces
of the state, eight exempt positions in the office of the governor,
and within each principal department, when requested by the
department head, two other exempt positions, one of which shall be
policy-making. The civil service commission may exempt three
additional positions of a policy-making nature within each
principal department.
The civil service commission shall be non-salaried and shall
consist of four persons, not more than two of whom shall be members
of the same political party, appointed by the governor for terms of
eight years, no two of which shall expire in the same year.
The administration of the commission's powers shall be vested
in a state personnel director who shall be a member of the
classified service and who shall be responsible to and selected by
the commission after open competitive examination.
The commission shall classify all positions in the classified
service according to their respective duties and responsibilities,
fix rates of compensation for all classes of positions, approve or
disapprove disbursements for all personal services, determine by
competitive examination and performance exclusively on the basis of
merit, efficiency and fitness the qualifications of all candidates
for positions in the classified service, make rules and regulations
covering all personnel transactions, and regulate all conditions of
employment in the classified service.
State Police Troopers and Sergeants shall, through their
elected representative designated by 50% of such troopers and
sergeants, have the right to bargain collectively with their
employer concerning conditions of their employment, compensation,
hours, working conditions, retirement, pensions, and other aspects
of employment except promotions which will be determined by
competitive examination and performance on the basis of merit,
efficiency and fitness; and they shall have the right 30 days after
commencement of such bargaining to submit any unresolved disputes
to binding arbitration for the resolution thereof the same as now
provided by law for Public Police and Fire Departments.
No person shall be appointed to or promoted in the classified
service who has not been certified by the commission as qualified
for such appointment or promotion. No appointments, promotions,
demotions or removals in the classified service shall be made for
religious, racial or partisan considerations.
Increases in rates of compensation authorized by the
commission may be effective only at the start of a fiscal year and
shall require prior notice to the governor, who shall transmit such
increases to the legislature as part of his or her budget. The
legislature may, by a majority vote of the members elected to and
serving in each house, waive the notice and permit increases in
rates of compensation to be effective at a time other than the
start of a fiscal year. Within 60 calendar days following such
transmission, the legislature may, by a two-thirds vote of the
members elected to and serving in each house, reject or reduce
increases in rates of compensation authorized by the commission.
Any reduction ordered by the legislature shall apply uniformly to
all classes of employees affected by the increases and shall not
adjust pay differentials already established by the civil service
commission. The legislature may not reduce rates of compensation
below those in effect at the time of the transmission of increases
authorized by the commission.
The appointing authorities may create or abolish positions for
reasons of administrative efficiency without the approval of the
commission. Positions shall not be created nor abolished except for
reasons of administrative efficiency. Any employee considering
himself or herself aggrieved by the abolition or creation of a
position shall have a right of appeal to the commission through
established grievance procedures.
The civil service commission shall recommend to the governor
and to the legislature rates of compensation for all appointed
positions within the executive department not a part of the
classified service.
To enable the commission to exercise its powers, the
legislature shall appropriate to the commission for the ensuing
fiscal year a sum not less than one percent of the aggregate
payroll of the classified service for the preceding fiscal year, as
certified by the commission. Within six months after the conclusion
of each fiscal year the commission shall return to the state
treasury all moneys unexpended for that fiscal year.
The commission shall furnish reports of expenditures, at least
annually, to the governor and the legislature and shall be subject
to annual audit as provided by law.
No payment for personal services shall be made or authorized
until the provisions of this constitution pertaining to civil
service have been complied with in every particular. Violation of
any of the provisions hereof may be restrained or observance
compelled by injunctive or mandamus proceedings brought by any
citizen of the state.
Sec. 7. The house of representatives shall have the sole power
of impeaching civil officers for corrupt conduct in office or for
crimes or misdemeanors, but a majority of the members elected
thereto and serving therein shall be necessary to direct an
impeachment.
When an impeachment is directed, the house of representatives
shall elect three of its members to prosecute the impeachment.
Every impeachment shall be tried by the senate immediately
after the final adjournment of the legislature. The senators shall
take an oath or affirmation truly and impartially to try and
determine the impeachment according to the evidence. When the
governor or lieutenant governor is tried, the chief justice of the
supreme court shall preside.
No person shall be convicted without the concurrence of two-
thirds of the senators elected and serving. Judgment in case of
conviction shall not extend further than removal from office, but
the person convicted shall be liable to punishment according to
law.
No judicial officer shall exercise any of the functions of his
or her office after an impeachment is directed until he or she is
acquitted.
ARTICLE XII
Sec. 3. At the general election to be held in the year 1978,
and in each 16th year thereafter and at such times as may be
provided by law, the question of a general revision of the
constitution shall be submitted to the electors of the state. If a
majority of the electors voting on the question decide in favor of
a convention for such purpose, at an election to be held not later
than six months after the proposal was certified as approved, the
electors of each representative district as then organized shall
elect one delegate and the electors of each senatorial district as
then organized shall elect one delegate at a partisan election. The
delegates so elected shall convene at the seat of government on the
first Tuesday in October next succeeding such election or at an
earlier date if provided by law.
The convention shall choose its own officers, determine the
rules of its proceedings and judge the qualifications, elections
and returns of its members. To fill a vacancy in the office of any
delegate, the governor shall appoint a qualified resident of the
same district who shall be a member of the same party as the
delegate vacating the office. The convention shall have power to
appoint such officers, employees and assistants as it deems
necessary and to fix their compensation; to provide for the
printing and distribution of its documents, journals and
proceedings; to explain and disseminate information about the
proposed constitution and to complete the business of the
convention in an orderly manner. Each delegate shall receive for
his or her services compensation provided by law.
No proposed constitution or amendment adopted by such
convention shall be submitted to the electors for approval as
hereinafter provided unless by the assent of a majority of all the
delegates elected to and serving in the convention, with the names
and vote of those voting entered in the journal. Any proposed
constitution or amendments adopted by such convention shall be
submitted to the qualified electors in the manner and at the time
provided by such convention not less than 90 days after final
adjournment of the convention. Upon the approval of such
constitution or amendments by a majority of the qualified electors
voting thereon the constitution or amendments shall take effect as
provided by the convention.
Resolved further, That the foregoing amendment shall be
submitted to the people of the state at the next general election
in the manner provided by law.