CONSTITUTION OF THE STATE OF ARKANSAS OF 1874

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1 CONSTITUTION OF THE STATE OF ARKANSAS OF 1874

2 Constitution Of The State Of Arkansas Of Preamble Page 5 Articles Boundaries Declaration of Rights Source of power Freedom and independence Equality before the law Right of assembly and of petition Right to bear arms Liberty of the press and of speech - Libel Jury trial - Right to - Waiver - Civil cases - Nine jurors agreeing Criminal charges - Self-incrimination - Due process - Double jeopardy - Bail Excessive bail or punishment prohibited - Witnesses - Detention Right of accused enumerated - Change of venue Habeas corpus Suspension of laws Redress of wrongs Treason Unreasonable searches and seizures Imprisonment for debt Attainder - Ex post facto laws Privileges and immunities - Equality Perpetuities and monopolies Resident aliens - Descent of property Life, liberty and property - Banishment prohibited Property rights - Taking without just compensation prohibited Eminent domain and taxation Religious liberty Protection of religion Religious tests Slavery - Standing armies - Military subordinate to civil power Tenure of lands Enumeration of rights of people not exclusive of other rights - Protection against encroachment Franchise and Elections Qualifications of electors - Equal suffrage - Poll tax Right of suffrage [Repealed.] Privilege of electors from arrest [Repealed.] Violation of election laws - Penalty Soldiers and sailors - Residence - Voting rights

3 8. Time of holding elections Testimony in election contest - Self-incrimination Election officers Votes to be counted Elections by representative - Viva voce vote Departments Departments of government Separation of departments Legislative Department Initiative and Referendum House of Representatives Senate Qualifications of senators and representatives Time of meeting Vacancies - Writs of election Officers ineligible Defaulters ineligible Persons convicted ineligible Members ineligible to civil office Appointment of officers - Qualifications of members - Quorum Powers and duties of each house Sessions to be open Election of officers by General Assembly Privileges of members Per diem and mileage of General Assembly Duration of sessions Presiding officers Style of laws - Enacting clause State not made defendant Laws by bills - Amendment Passage of bills Revival, amendment or extension of laws Local and special laws Special laws - Suspension of general laws Notice of local or special bills Extra compensation prohibited - Exception Adjournments Appropriations General and special appropriations Purposes of taxes and appropriations Workmen's Compensation Laws - Actions for personal injuries Liabilities of corporations to state Introduction of bills - Time limit Bribery of member of General Assembly or state officer ii

4 36. Expulsion of member no bar to indictment Laws - Enactment - Majority required Taxes - Increase - Approval by electors State expenses - Limitation - Exceptions General appropriation bill - Enactment Expenses incurred or authorized only by bill - Repealing clause Executive Department Executive officers Governor - Supreme executive power Election of executive officers Contested election Qualifications of Governor Governor, commander-in-chief of armed services Information and reports from departments Messages to General Assembly Seal of State Grants and commissions Incompatible offices President of Senate succeeding to Governor's office Speaker of House succeeding to office of Governor Election to fill vacancy Approval of bills - Vetoes Concurrent orders or resolutions - Veto Vetoes of items of appropriation bills Pardoning power Extraordinary sessions of General Assembly - Calling - Purposes Power to adjourn General Assembly Duties of Secretary of State Duties of executive officers in general Dual office holding prohibited - Vacancies - Filling Filling vacancies in other offices Judicial Department [Repealed.] Circuit clerks - Election - Term of office - Ex-officio duties - County clerks elected in certain counties [Repealed.] Charge to juries [Repealed.] Punishment of indirect contempt provided for by law Removal of county and township officers - Grounds County courts - Jurisdiction - Single judge holding court County judge - Election - Term - Qualifications Quorum court - County judge and justices of peace iii

5 31. County court - Terms [Repealed.] Appeals from county and common pleas courts [Repealed.] 36. Special judges of county or probate courts Compensation of county judge - Powers during absence of circuit judge Justices of the peace - Election - Term - Oath [Repealed.] Qualifications of justice of peace [Repealed.] County executive officers - Compensation of county assessor Constables - Term of office - Certificate of election Commissions of officers Style of process and of indictments [Repealed.] Appeals from county or municipal allowances - Bond Appeals in election contests Apportionment - Membership in General Assembly Board of apportionment created - Powers and duties One hundred members in House of Representatives - Apportionment Senatorial districts - Thirty-five members of Senate Duties of Board of Apportionment Mandamus to compel Board of Apportionment to act Election of Senators and Representatives Exemption Personal property exemptions of persons not heads of families Heads of families - Exempt personal property Homestead exemption from legal process - Exceptions Rural homestead - Acreage - Value Urban homestead - Acreage - Value Rights of widow and children Married woman's separate property - Right of disposition Not liable for debts of husband Scheduling separate personal property of wife Exemptions under Constitution of Existing obligations Homestead rights of minor children Agriculture, Mining and Manufacture Mining, manufacturing and agricultural bureau - State aid State geologist - Creation of office - Appointment and removal Exemption of mines and manufactures from taxation iv

6 11. Militia Persons liable to military duty Volunteer companies Privilege of members from arrest Authority to call out volunteers or militia Municipal and Private Corporations Revocation of certain charters Special acts prohibited - Exception Cities and towns - Organization under general laws Limitation on legislative and taxing power - Local bond issues Political subdivisions not to become stockholders in or lend credit to private corporations General incorporation laws - Charters - Revocation State not to be stockholder Private corporations - Issuance of stocks or bonds - Conditions and restrictions Taking of property by corporation - Compensation Issue of circulating paper Foreign corporations doing business in state State not to assume liabilities of political subdivisions or private corporations - Indebtedness to state - Release Counties, County Seats and County Lines Size of counties - Exceptions Consent of voters to change of county lines Change of county seats - Conditions - New counties Lines of new counties - Distance from county seat of adjoining county - Exception Sebastian County - Districts Education Free school system School fund - Use - Purposes School tax - Budget - Approval of tax rate (Const., Art. 14, 3, as amended by Const. Amend. 11, Const. Amend. 40, amended, and Const. Amend. 74) Supervision of schools v

7 15. Impeachment and Address Officers subject to impeachment - Grounds Impeachment by House - Trial by Senate - Presiding officer Officers removable by Governor upon address Finance and Taxation Lending credit - Bond issues - Interest-bearing warrants Debts of state - Payment Making profit out of or misusing public funds - Penalty Salaries and fees of state officers Property taxed according to value - Procedures for valuation - Tax exemptions Other tax exemptions forbidden Taxation of corporate property Maximum rate of state taxes County taxes - Limitation Payment of county and municipal taxes Levy and appropriation of taxes Disbursement of funds - Appropriation required Illegal exactions Procedure for adjustment of taxes after reappraisal or reassessment of property Assessment of residential property and agricultural, pasture, timber, residential and commercial land Providing for exemption of value of residence of person 65 or over Railroads, Canals and Turnpikes Common carriers - Construction of railroads Offices of common carriers Equal right to transportation Parallel or competing lines Officers, agents and employees of carrier - Personal interest in contracts prohibited Discrimination by carriers Free passes Condition of remission of forfeitures Right of eminent domain Regulation of carriers Movable property of carriers subject to execution Damages by railroads to persons and property - Liability Annual reports of railroads vi

8 18. Judicial Circuits Judicial Circuits Terms of Courts First Circuit Second Circuit Third Circuit Fourth Circuit Fifth Circuit Sixth Circuit Fall Term, Sixth Circuit Seventh Circuit Eight Circuit Ninth Circuit Tenth Circuit Eleventh Circuit Miscellaneous Provisions Atheists disqualified from holding office or testifying as witness Dueling Elected or appointed officers - Qualifications of an elector required Residence of officers Officers - Holding over Dual office holding prohibited Residence - Temporary absence not to forfeit Deduction from salaries Permanent state offices - Creation restricted Election returns - State officers Salaries of state officers - Increase or decrease during term prohibited - Fees Receipts and expenditures to be published [Repealed.] Lotteries prohibited [Repealed.] Contracts for public buildings or bridges Digest of laws - Publication Safety of miners and travelers Deaf and dumb and blind and insane persons Oath of office Sureties on official bonds - Qualifications - Bonding companies Constitutional amendments [Repealed.] Election contests Seal of state Officers eligible to executive or judicial office Local improvements - Municipal assessments vii

9 20. "Holford" Bonds Not to Be Paid SCHEDULE Retention of existing laws - Sealed instruments [Repealed.] First general election Qualifications of voters Notice of election Governor's proclamation State board of supervisors County board of supervisors Poll books and ballot boxes - First election Copies of Constitution to be distributed Judges and clerks of first election Conduct of first election Style of ballot Manner of voting Dram shops to be closed - First election Hours of voting - Counting of ballots - Returns Publication of result Commissions - Officers elected at first election Election of representatives and senators - First election When officers to enter upon duties Prior incumbents to vacate office First session of General Assembly Transfer of jurisdiction of courts Present incumbents to hold until successors qualify Fraud in first election Tenure of officers elected Appropriation for expenses of election Salaries of officers Amendments To The Constitution Of Arkansas Of Amendment: 1. "Holford" Bonds (Const., Art. 20 Added) Regulation of Carriers (Const., Art. 17, 10 Amended) County Road Tax [Repealed.] Sureties on Official Bonds (Const., Art. 19, 21 Amended) Per Diem and Mileage of General Assembly (Const., Art. 5, 16 Amended) viii

10 6. Executive Department and Officers (Const., Art. 6, 1, Amended and Sections Added) Executive department Executive power vested in Governor and Lieutenant Governor. 3. Election of Governor and Lieutenant Governor Lieutenant Governor acting as Governor Qualifications and duties of Lieutenant Governor Succession to the governorship Salary of Lieutenant Governor Initiative and Referendum (Const., Art. 5, 1, Amended) Qualifications of Electors (Const., Art. 3, 1, Amended) Supreme Court Enlargement - Sitting in division Compensation of judges Limitation on Legislative and Taxing Power (Const., Art. 12, 4, Amended) School Tax (Const., Art. 14, 3, Amended) Textile Mills, Tax Exemption [Repealed.] Local Acts Salaries of State Officers Jury Trial (Const., Art. 2, 7, Amended) [Repealed.] Tax to Aid Industries Passage of Laws (Const., Art. 5, [37]-[41] Added) State Bonds Criminal Prosecutions - Salaries of Prosecutors Prosecution by indictment or information Salaries of prosecuting attorneys ix

11 22. Exemption of Homesteads from Certain State Taxes Homesteads of $1, assessed valuation exempted from certain taxes Legislature authorized to make further exemptions Legislature to restore tax funds eliminated hereby, and to pass enabling law No notes or bonds of state impaired hereby Amendment in effect, when Apportionment (Const., Art. 8 Amended) Probate Courts - Circuit and County Clerks (Const., Art. 7, 19, 34, 35, Amended) [Repealed.] 26. Workers' Compensation (Const., Art. 5, 32, Amended) Exempting New Manufacturing Establishment from Taxation Regulating Practice of Law Filling Vacancies in Office Elective offices - Exceptions Ineligible persons - Nepotism Violation of amendment - Compensation withheld Duration of term of appointee - Election to fill vacancy Election to fill - Placing names on ballots City Libraries Petition for tax levy - Election Result of election - Certification and proclamation - Tax levy Raising, reducing or abolishing tax - Petition and election Co-ordination of city with county library Petition for tax levy - Election Police and Firefighters' Retirement Salaries and Pensions Election on question - Tax levy x

12 32. County or City Hospitals Petition for tax levy - Election Result of election - Certification and proclamation - Tax levy Raising, reducing or abolishing tax - Petition and election Amendment self executing Boards and Commissions Governing State Institutions Term of office of members Abolition or transfer of powers of board or commission - Restrictions Increase or decrease of members of board or commission prohibited Removal of member - Procedure - Appeal Vacancy - Filling Rights of Labor Discrimination for or against union labor prohibited Enforcement of amendment - Legislation authorized Wild Life - Conservation - Arkansas State Game and Fish Commission Commission created - Members - Powers Qualifications and appointment of members-terms of office of first commission Term of office of members Oath of office - Members serve without compensation - Expenses - Payment Removal of members - Hearing - Review and appeal Vacancies - Filling - Chairman of commission Executive secretary and other personnel - Selection - Salaries and expenditures Nepotism prohibited - Powers of arrest - Funds - Use - Purposes - Game Protection Fund - Audit of accounts - Resident hunting and fishing licenses - Powers of commission Poll Tax Exemption [Repealed.] County Libraries Petition for tax levy - Election Result of election - Certification - Record - Tax levy - Funds - Disbursement Raising, reducing or abolishing tax - Petition and election Co-ordination of county with city library xi

13 5. Petition for tax levy - Election Voter Registration Laws Authority to enact registration law School District Tax (Const., Art. 14, 3, As Amended By Const. Amend. 11, Amended) Election of County Clerks State Highway Commission Commission created - Members - Powers Qualifications & appointment of members-terms of office of first commission Terms of office of members Removal of members - Hearing - Review and appeal Vacancies - Filling Director of Highways Salaries and Expenses of Judicial Officers [Repealed.] 45. Apportionment (Const., Art.8, As Amended By Const. Amend. 23, Amended) Horse Racing and Pari-Mutuel Wagering at Hot Springs State Ad Valorem Tax Prohibition [Repealed.] Elections Conducted by Ballot or Voting Machine (Const., Art. 3, 3, Repealed and New Sections Added) Repeal of Article III, Section Elections by ballot or voting machines authorized [Repealed.] 4. Voting machines Voter Registration Statement of policy Definitions Application Permanent registration xii

14 5. Duties of registration officials Voter registration application forms Registration record files Voter registration application records and reports Application to register Transfer and change of status Cancellation of registration Loss or destruction of voter registration records Fail-safe voting Voter registration lists Penalties Severability Effect on other laws Appropriations Amendment Short title Community Colleges General Assembly may establish districts to furnish community college instruction and technical training Prior approval of majority of qualified voters in proposed district required Free School System (Const., Art. 14, 1, Amended) Purchase of Printing, Stationery and Supplies Contracts given to lowest responsible bidder Revision of County Government Power of quorum court Composition of quorum court - Power over elective offices Power of county judge Powers of quorum court Compensation of county officers fixed by quorum court Bonding of county officers Constitutional Officers - General Assembly Executive department - Composition [Repealed.] [Repealed.] Compensation of municipal officers xiii

15 57. Intangible Personal Property Intangible personal property - Assessment and taxation Effect on other constitutional provisions [Repealed.] Taxation (Const., Art. 16, 5 Repealed; 5, 14, 15, 16 Added) Interest Rate Control Amendment (Const., Art. 19, 13, Amended) County Road Tax Local Capital Improvement Bonds Local capital improvement bonds authorized - Election - Taxes Limit on indebtedness - Suspension of tax levy Issuance of bonds to secure and develop industry - Levy of tax Suspension of collection - Limit on tax levy Sale of bonds - Procedure Maximum rate of tax stated on ballot - Borrowing prior to issuance of bonds Special tax constitutes special fund - Disbursement of surplus Conduct of elections Provisions self-executing Taxes levied and bonds authorized prior to amendment Joint project of various governing bodies - Compact agreement elections Four Year Terms for State Constitutional Officers Executive Department - Term of office [Repealed.] Revenue Bonds Issuance - Terms and conditions Purpose of issuance Definitions Authority exclusive - Interest - Initiative and referendum Judicial Discipline And Disability Commission Jurisdiction of Matters Relating to Juveniles and Bastardy xiv

16 68. Abortion Public funding Public policy Effect of amendment Repeal of Amendment 44 (Protection of States' Rights) Executive Department and General Assembly Salaries - Restrictions on Expense Reimbursements Executive Department and General Assembly - Salaries - Restrictions on reimbursements Additional Constitutional amendments authorized Salary adjustments Effective date Repeal of Amendment 56, Sections 2 and Personal Property Taxes Exemption from ad valorem taxes Motor vehicles - Procedures for assessment and collection Supersession of Article 16, Section Effective date City and County Library Amendment (Const. Amends.30 and 38, 1 and 3, Amended, Const. Amends. 30 and 38, 5, Added) Arkansas Term Limitation Amendment Executive Branch Legislative Branch Congressional Delegation Provisions Self-executing Application Severability Provisions Self-executing Application School tax - Budget - Approval of tax rate (Const., Art. 14, 3, as amended by Const. Amend. 11 and Const. Amend. 40, amended) xv

17 75. Environmental enhancement funds Statement of purpose Excise tax levied Use of proceeds Administrative procedures The Congressional Term Limits Amendment of 1996 (Const. Amend. 73, 3, amended) Congressional Delegation (Const. Amend. 73, 3 amended) Special Judges (Ark. Const. Art 7, 9, 21, 22, repealed) Repealed. 2. Circuit, chancery, and probate judges Repeal of Ark. Const., Art. 7, 9, 21, City and County Government Redevelopment Redevelopment Projects Short-term financing obligations Scope of authority to incur debt Property Tax Relief Assessing value of real property Effect of county-wide reappraisal - Public utility and carrier exception Annual state credit Income adjustments - Personal property millage rate - Uniform property tax rate requirement - Reassessment - Rollback adjustments Qualifications of justices and judges Judicial power Supreme Court Rules of pleading, practice and procedure Superintending control Court of Appeals Circuit courts District courts xvi

18 8. Referees, masters and magistrates Annulment or amendment of rules Jurisdiction, venue, circuits, districts and number of judges Right of appeal Temporary disqualification of justices or judges Assignment of special and retired judges Prohibition of practice of law Prohibition of candidacy for non-judicial office Qualifications and terms of justices and judges Election of circuit and district judges Election of Supreme Court Justices and Court of Appeals Judges Transition provisions, tenure of present justices and judges, and jurisdiction of present courts Prosecuting attorneys Effective date Repealer Protection of the Secrecy of Individual Votes (Const., Amend. 50, 3 Repealed) Obligation Bonds for Economic Development Marriage Marriage Marital status Capacity, rights, obligations, privileges, and immunities Bingo and Raffles Qualifications of Voters and election officers & Time of holding elections Providing for Annual Sessions of the General Assembly Authorizing the Establishment and Regulate State Lotteries Right to Hunt, Fish, Trap and Harvest Wildlife Government Bonds & Loans-Interest Rates & Energy Efficiency Proj xvii

19 90. Bonds for Economic Development Amendment xviii

20 Constitution Of The State Of Arkansas Of Preamble. Articles 1. Boundaries. 2. Declaration of Rights. 3. Franchise and Elections. 4. Departments. 5. Legislative Department. 6. Executive Department. 7. Judicial Department. 8. Apportionment - Membership in General Assembly. 9. Exemption. 10. Agriculture, Mining and Manufacture. 11. Militia. 12. Municipal and Private Corporations. 13. Counties, County Seats and County Lines. 14. Education. 15. Impeachment and Address. 16. Finance and Taxation. 17. Railroads, Canals and Turnpikes. 18. Judicial Circuits. 19. Miscellaneous Provisions. 20. "Holford" Bonds Not to Be Paid. SCHEDULE 1. Retention of existing laws - Sealed instruments. 2. [Repealed.] 3. First general election. 4. Qualifications of voters. 5. Notice of election. 6. Governor's proclamation. 7. State board of supervisors. 8. County board of supervisors. 9. Poll books and ballot boxes - First election. 10. Copies of Constitution to be distributed. 11. Judges and clerks of first election. 12. Conduct of first election. 13. Style of ballot. 14. Manner of voting. 15. Dram shops to be closed - First election. 16. Hours of voting - Counting of ballots - Returns. 17. Publication of result. 1

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