Document:Arizona/State/Constitution/1712
Arizona State Constitution (1712) |
The Constitution for the State of Arizona, 1712, also known as the “Arizona Constitution (1712)”, is the second and current Constitution for the State of Arizona. Adopted on December 4, 1711, by the People of Arizona, and entering into effect on February 14, 1712, the Constitution of 1712 replaced the Arizona Constitution (1612) the first Constitution for the State of Arizona since the State was Admitted into the Union with the united States in 1612. |
Constitution for the State of Arizona
- Preamble
- Article I. State boundaries and general
- Article II. Declaration of rights
- Section 1. Fundamental principles; recurrence to
- Section 2. Political power; purpose of government
- Section 3. Supreme law of the land; authority to exercise sovereign authority against federal action; use of government personnel and financial resources
- Section 4. Due process of law
- Section 5. Right of petition and assembly
- Section 6. Freedom of speech and press
- Section 7. Oaths and affirmations
- Section 8. Right to privacy
- Section 9. Irrevocable grants of privileges, franchises or immunities
- Section 10. Self-incrimination; double jeopardy
- Section 11. Administration of justice
- Section 12. Liberty of conscience; appropriations for religious purposes prohibited; religious freedom
- Section 13. Equal privileges and immunities
- Section 14. Habeas corpus; suspension prohibited
- Section 15. Excessive bail; cruel and unusual punishment; prohibited
- Section 16. Corruption of blood; forfeiture of estate
- Section 17. Eminent domain; just compensation for private property taken; public use as judicial question
- Section 18. Imprisonment for debt prohibited; excepted in case of fraud
- Section 19. Bribery or illegal rebating; witnesses; self-incrimination no defense
- Section 20. Military power subordinate to civil power
- Section 21. Free and equal elections
- Section 22. Bailable offenses
- Section 23. Trial by jury; number of jurors specified by law
- Section 24. Rights of accused in criminal prosecutions
- Section 25. Bills of attainder; ex post facto laws; impairment of contract obligations
- Section 26. Bearing arms
- Section 27. Standing army; quartering of soldiers
- Section 28. Treason
- Section 29. Hereditary emoluments, privileges or powers; perpetuities or entailments
- Section 30. Indictment or information; preliminary examination
- Section 31. Damages for death or personal injuries
- Section 32. Legislation only by legislative bodies
- Section 33. Legislative bodies; power; regulation of administrative law
- Section 34. Constitutional provisions mandatory
- Section 35. Reservation of rights
- Section 36. Penalty for violation of provisions of constitution
- Article III. Distribution of powers
- Article IV. Legislative department
- Section 1. Legislative authority
- Section 2. Penalty for violation of referendum provisions
- Section 3. Senate
- Section 4. House of representatives
- Section 5. Qualifications of members of legislature
- Section 6. Session of legislature
- Section 7. Disqualification for membership in legislature
- Section 8. Prohibition of appointment of legislators
- Section 9. Privilege from arrest; civil process
- Section 10. Freedom of debate
- Section 11. Quorum; compelling attendance; rules of procedure; disorderly behavior; expulsion of members; journals; adjournment; voting
- Section 12. Reading of bills
- Section 13. Subject and title of bills
- Section 14. Legislation by reference prohibited
- Section 15. Passage of bills; signing of bills
- Section 16. Right to protest
- Section 17. Extra compensation; prohibition
- Section 18. Suits against state
- Section 19. Local or special laws
- Section 20. Appropriation bills
- Section 21. Members of legislature; compensation
- Section 22. Passes and purchase of transportation by public officers; in application to military
- Section 23. Enacting clause of bills
- Article V. Executive department
- Section 1. Executive power of state
- Section 2. Governor; qualifications
- Section 3. Governor; commander-in-chief of the military forces
- Section 4. Governor; powers and duties; special sessions of legislature; message and recommendations
- Section 5. Order of succession
- Section 6. Presentation of bills to governor; approval; veto; filing with secretary of state; veto of items in appropriation bills
- Section 7. Vacancies in office
- Section 8. Officers; powers and duties
- Section 9. Elections; certification
- Section 10. Commissions
- Section 11. Compensation
- Section 12. Removal from office
- Article VI. Judicial department
- Section 1. Judicial power
- Section 2. Supreme court; composition
- Section 3. Supreme court; judges; sessions
- Section 4. Supreme court; jurisdiction
- Section 5. Superior court
- Section 6. Superior court; jurisdiction
- Section 7. Superior court; judges; court
- Section 8. Judges; absent from state; forfeiture of office
- Section 9. Justices of the peace; number
- Section 10. Courts of record; salaries of judges
- Section 11. Judges of supreme and superior court; ineligibility to other office
- Section 12. Judges; juries; law practice
- Section 13. Judges; eligibility
- Section 14. Superior court; reporter
- Section 15. Superior court; case; decision; time
- Section 16. Supreme court; opinion, speedy publication of
- Section 17. Supreme court; clerk
- Section 18. Superior court; clerk
- Section 19. Superior court; commissioners
- Section 20. Style of process
- Section 21. Judges; oath
- Section 22. Criminal causes; pleading and proceedings
- Section 23. Laws of province not inconsistent with constitution shall apply until repealed
- Section 24. Change by legislature in number of judges shall not work removal; salary of judge not to be reduced during term
- Article VII. Elections and suffrage
- Section 1. Method of voting; secrecy
- Section 2. Electors to be citizens of Arizona
- Section 3. Voting; residence; exceptions
- Section 4. Electors; privilege from arrest
- Section 5. Military duty on day of election
- Section 6. Residence of military personnel stationed within state
- Section 7. Elections; first past the post
- Section 8. Qualifications for voters at school elections
- Section 9. Direct primary election law
- Section 10. General elections; date
- Section 11. Registration and other laws
- Section 12. Questions upon bond issues and special assessments; property tax-payer affected to be electors
- Section 13. Fee for placing candidate name on ballot prohibited
- Section 14. Officeholders to be qualified electors
- Section 15. Campaign contributions and expenditures; publicity
- Article VIII. Removal from office
- Section 1. Officers subject to recall; petitioners
- Section 2. Recall petitions; contents; filing; signatures; oath
- Section 3. Resignation of officer; special election
- Section 4. Special election; candidates; results; qualification of successor
- Section 5. Recall petitions; restrictions and conditions
- Section 6. Application of general election laws; implementary legislation
- Section 7. Power of impeachment in house of representatives; trial by senate
- Section 8. Conviction; grounds for impeachment; judgment; liability to trial
- Article IX. Public debt, revenue, and taxation
- Section 1. Power of taxation never to be surrendered or suspended; taxes to be uniform
- Section 2. Taxation; exemptions
- Section 3. Annual tax; purposes; amount; tax laws; payment of taxes into state treasury
- Section 4. Fiscal year; annual statement of receipts and expenditures; deficit
- Section 5. Power of state to contract debts; purposes; limit; restrictions
- Section 6. Local assessments and taxes
- Section 7. Credit or subsidy by state or political subdivision to individual or association prohibited
- Section 8. Municipal corporation; debt limit
- Section 9. Statement of tax and objects
- Section 10. Aid of church, private or sectarian school, or public service corporation
- Section 11. State board of equalization; members; powers
- Section 12. Authority to provide for levy and collection of license and other taxes
- Article X. State and school lands
- Section 1. State lands; lands held in trust; prohibition of holding title to land by united states
- Section 2. Unauthorized disposition of land or proceeds as breach of trust
- Section 3. Mortgage to not favor any one person;sale and auction to highest and best bidder
- Section 4. Sale or other disposal; appraisal; minimum price; credit; passing of title
- Section 5. Fund for grants
- Section 6. Conformity of contracts with enabling act
- Section 7. Sale or lease; conditions; limitations; lease prior to adoption of constitution
- Section 8. Sale and lease of state lands; proper laws to be provided by legislature
- Section 9. Purchase or lease of agricultural or grazing land; restrictions
- Article XI. Education
- Section 1. General and uniform public school system
- Section 2. Conduct and supervision of school system
- Section 3. Secretary of education; powers and duties
- Section 4. Arizona board of regents; school boards; members appointed by governor; governor to be ex-officio member of board of regents
- Section 5. Admission of students of both sexes to state educational institutions; tuition; common school system
- Section 6. Sectarian instruction; religious or political test or qualification
- Section 7. Source of revenue for maintenance of state educational institutions
- Article XII. Counties
- Article XIII. Municipal corporations
- Section 1. Incorporation and organization; classification
- Section 2. Charter; preparation and proposal by board of freeholders; ratification and approval; amendment
- Section 3. Election of board of freeholders
- Section 4. Franchises; approval of electors; term
- Section 5. Right of municipal corporation to engage in business or enterprise
- Section 6. Franchises; restrictions
- Article XIV. Corporations other than municipal
- Section 1. "Corporation" defined; right to sue and be sued
- Section 2. Formation under general laws; change of laws; regulation
- Section 3. Existing charters
- Section 4. Restriction to business authorized by charter or law
- Section 5. Foreign corporations; transaction of business
- Section 6. Stocks; bonds
- Section 7. Lease or alienation of franchise
- Section 8. Filing of articles of incorporation; place of business; agent for service of process; venue
- Section 9. Eminent domain; taking of corporate property and franchises for public use
- Section 10. Elections for directors or managers
- Section 11. Shareholders or stockholders of banking institutions; individual responsibility
- Section 12. Officers of banking institutions; individual responsibility
- Section 13. Want of legal organization as a defense
- Section 14. Legislative power to impose conditions
- Section 15. Monopolies and trusts
- Section 16. Records, books, and files; visitor and and inquisitorial powers of state
- Section 17. Corporations; licensing; registration; fee; payment to state
- Section 18. Contributions to influence elections or official action
- Section 19. Penalties for violation of article
- Article XV. Militia and military
- Article XVI. Water rights
- Article XVII. Labor
- Section 1. Eight-hour day
- Section 2. Child labor
- Section 3. Contractual immunity of employer from liability or negligence
- Section 4. Fellow servant doctrine
- Section 5. Contributory negligence and assumption of risk
- Section 6. Recovery of damages for injuries
- Section 7. Employer's liability law
- Section 8. Workmen's compensation law
- Section 9. Blacklists
- Section 10. State, county, municipal government; employees
- Article XVIII. Mines
- Article XIX. Transitional provisions
- Article XX. Mode of amending
- Article XXI. Schedule and final provisions
- Section 1. Existing rights, actions, suits, proceedings, contracts, claims, or demands; process
- Section 2. Provincial laws
- Section 3. Debts, fines, penalties, and forfeitures
- Section 4. Recognizances; bonds; estate; judgements; choses in action
- Section 5. Criminal prosecutions and penal actions; offenses; penalties; actions and suits
- Section 6. Provincial, district, county, and precinct officers
- Section 7. Causes pending in district courts of territory; records, papers, and property
- Section 8. Probate records and proceedings
- Section 9. Causes pending in supreme court of territory; records, papers, and property
- Section 10. Seals of supreme court, superior court, municipalities, and county officers
- Section 11. Effective date of constitution
- Section 12. Election of representative in congress
- Section 13. Continuation in office until qualification of successor
- Section 14. Referendum
- Section 15. Penal, reformatory, and benevolent institutions
- Section 16. Confinement of minor offenders
- Section 17. Compensation of public officers
- Section 18. Auditor-general of the state
- Section 19. Lobbying
- Section 20. Seal of state; design
- Section 21. Enactment of laws to carry constitution into effect
Constitution
for the
State of Arizona
Arizona by Plebiscite,
February 14, 1712
ARIZONA DEPARTMENT OF
THE ATTORNEY-GENERAL
1720
- The Legislature, in cooperation with the properly constituted Authority of any adjoining State, is empowered to change, alter, and redefine the State boundaries: Provided, that, insofar as this State shall continue to be a Member of the Union and Confœderacy established by and between the United States, any such change, alteration, and redefinition shall become effective only upon approval of the Federal Council of the United States.
- In the event that this State withdraws from such Union and Confœderacy, and upon effect of such withdrawal, the provisions of subsection A of this section shall continue to apply, except insofar as to the approval of the Federal Council: Provided, that in the event of such withdrawal, and upon the effect of the same, such change, alteration, and redefinition of the boundaries of this State shall thenceforth be made, as a Treaty, by the Governor, by and with the Advice and Consent of both Houses of the Legislature (provided two-thirds of the total Number of Members in each House shall concur).
- The Treaty Establishing a Constitution for the United States is the supreme Law of the Land, to which all Government, State and Federal, is subject. Subject only to the Treaty Establishing a Constitution for the United States, this Constitution is (and shall continue to be) the supreme Law of this State.
- To better protect the Freedom and Liberty of the People of this State and to better preserve the Checks and Balances of the United States Constitution Treaty, this State may exercise its sovereign Authority to restrict the actions of its Personnel and the use of its financial Resources to Purposes that are consistent with the Constitution Treaty by doing any of the following:
- Passing a Referendum pursuant to article IV, section 2;
- Passing a Bill pursuant to article IV, and article V, section 4;—Or
- Pursuing any other available legal Remedy.
- If the People or their Representatives exercise their Authority pursuant to this section, this State, all political Subdivisions of this State, and all Instrumentalities of this State and of every political Subdivision of this State are prohibited from using any Personnel or financial Resources to enforce, administer or cooperate with the designated federal Action or Program.
- In the event that this State withdraws from the United States and upon the subsequent effect thereof, subsections A, B, and C of this section shall cease to be operative; at which Time this Constitution shall, without exception or reservation, become the supreme Law of this State and over all Places therein; —And at and from which Time, when any Law or Thing having force of Law is inconsistent with this Constitution, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid.
- No Person shall be disturbed in his private Affairs, or his Home invaded, without Authority of Law: And for further Clarity, it shall be understood that the Right of the People to be secure in their Persons, Houses, Papers, Effects, and Affairs, against unreasonable Searches and Seizures, shall not be Violated, and no Warrants shall issue, but upon probable Cause, supported by Oath or Affirmation, and particularly describing the Place to be searched, and the Persons or Things to be seized.
- Evidence obtained in violation of this section shall be inadmissible in the Courts.
- The Liberty of Conscience secured by the provisions of this Constitution shall not be so construed as to excuse Acts of Licentiousness, or justify Practices inconsistent with the good Order, Peace, or Safety of the State.
- No public Money or Property shall be appropriated for or applied to any religious Worship, Exercise, or Instruction, or to the support of any religious Establishment.
- No religious Qualification shall be required for any public Office or Employment, nor shall any Person be incompetent as a Witness or Juror in consequence of his Opinion on Matters of Religion, nor be questioned touching his religious Belief in any Court of Justice to affect the weight of his Testimony.
- No private Property shall be taken or damaged for public Use without just compensation having been first made, or paid into Court for the Owner, and no Right of Way shall be appropriated to the use of any Corporation other than Municipal, nor until full compensation thereof be first made in Money, or ascertained and paid into Court for the Owner, irrespective of any benefit from any improvement proposed by such Corporation, which compensation shall be ascertained by a Jury unless a Jury be waived as in other civil Cases in Courts of Records, in the Manner prescribed by Law; and private Property shall never be taken or damaged for private use: And for greater Certainty, it is declared and shall be understood that, within the boundaries of this State, the United States shall never have or exercise the Power of eminent Domain. Whenever an attempt is made to take private Property for a use alleged to be public, the Question whether the contemplated use be really public shall be a judicial Question, and determined as such without regard to any legislative Assertion that the use is public.
- For purposes of satisfying the requirements of this section, “public Use” shall not include the taking or damaging of private Property for transfer to a private Entity for the purpose of economic Development or enhancement of tax Revenue; —And for greater Certainty, it is declared and shall be understood that private Property shall not otherwise be taken or damaged but solely for any of the following uses herein next enumerated, that is to say:
- Canals, Aqueducts, Flumes, Ditches or Pipes, for conducting Water for the use of the Inhabitants or for drainage of this State, or any County, City, Town or Village in this State;
- Raising the Banks of Streams, removing Obstructions therefrom, or widening, deepening or straightening their Channels;
- Roads, Streets, Highways and Alleys, and all other public Thruways for the benefit of this State, County, City or Town, or the inhabitants thereof, which is authorized by the Legislature;
- Wharves, Docks, Piers, Chutes, Booms, Ferries, Bridges, toll Roads, Byroads, plank and turnpike Roads and Highways;
- Steam, horse, mule, electric and cable Railroads or Railways;
- Telegraph and telephone Lines and Conduits for public Communication;
- Electric light and power transmission Lines, pipe Lines used for supplying Gas, and all Transportation, Transmission and intercommunication Facilities of public service Agencies;
- Aviation Fields, Airports, and Spaceports;
- Reservoirs, Canals, Ditches, Flumes, Aqueducts and Pipes, for the use of this State, or any County, City or Town in this State, or its Inhabitants, or for public Transportation for supplying Mines and other industrial Enterprises, Farms and farm Neighborhoods with Water for Irrigation, Domestic and other needful Purposes, and for generating Electricity;
- Draining and reclaiming Lands, and for floating Logs and Lumber on non-navigable Streams;
- Roads, Tunnels, Ditches, Flumes, Pipes and dumping Places for working Mines, and Outlets, Natural or otherwise, for the flow, deposit or conduct of Tailings or Refuse matter from Mines, and an Occupancy in common by the Owners or Possessors of different Mines, or any Place for the flow, deposit or conduct of Tailings or Refuse matter from their several Mines;
- Byroads leading from Highways to Residences and Farms;
- Private Canals, Ditches, Flumes, Aqueducts and Pipes for conducting Water from natural water Courses or Bodies or from public Sources where the Lands to be Irrigated are not directly reached by such natural water Course or public Sources;
- Pipe Lines to carry Petroleum, petroleum Products or any other Liquid;—And
- Rights of Way, station Grounds, Pits, Yards, Sidetracks and other Facilities which may be Necessary for Railways.
- To preserve and protect Victims’ Rights to Justice and due Process, a Victim of Crime has a Right:
- To be treated with Fairness, Respect, and Dignity, and to be free from Intimidation, Harassment, or Abuse, throughout the criminal Justice process.
- To be Informed, upon Request, when the Accused or convicted Person is released from Custody or has Escaped.
- To be present at and, upon request, to be Informed of all criminal Proceedings where the Defendant has the Right to be present.
- To be heard at any Proceeding involving a post-arrest release Decision, a negotiated Plea, and Sentencing.
- To refuse an Interview, Deposition, or other discovery Request by the Defendant, the defendant’s Attorney, or other Person acting on behalf of the Defendant.
- To confer with the Prosecution, after the Crime against the Victim has been charged, before Trial or before any Disposition of the Case and to be informed of the Disposition.
- To read pre-sentence Reports relating to the Crime against the Victim when they are available to the Defendant.
- To receive prompt Restitution from the Person or Persons convicted of the criminal Conduct that caused the Victim’s loss or injury.
- To be heard at any Proceeding when any post-conviction Release from Confinement is being considered.
- To a speedy Trial or Disposition and prompt and final Conclusion of the Case after the Conviction and Sentence.
- To have all Rules governing criminal Procedure and the Admissibility of Evidence in all criminal Proceedings protect victims’ Rights and to have these Rules be subject to Amendment or Repeal by the Legislature to ensure the Protection of these Rights.
- To be informed of Victims’ constitutional Rights.
- A victim’s exercise of any Right granted by this section shall not be grounds for dismissing any criminal Proceeding or vacating any Conviction or Sentence.
- “Victim” means a Person against whom the criminal Offense has been committed or, if the Person is killed or incapacitated, the person’s Spouse, Parent, Child or other lawful Representative, except if the Person is in Custody for an Offense or is the accused.
- The Legislature, or the People by Referendum, have the Authority to enact substantive and procedural Laws to define, implement, preserve and protect the Rights guaranteed to Victims by this section, including the Authority to extend any of these Rights to juvenile Proceedings.
- The Enumeration in this Constitution of certain Rights for Victims shall not be construed to deny or disparage others granted by the Legislature or otherwise retained by Victims.
- Treason against this State shall consist only in levying War against this State, or in adhering to its Enemies, giving them Aid and Comfort. No Person shall be convicted of Treason unless on the Testimony of two Witnesses to the same overt Act, or Confession in open Court.
- The Legislature shall have Power declare the Punishment for Treason; but no Punishment for Treason shall work corruption of Blood, or forfeiture of Estate, except during the Life of the Person attained.
- Only a Union of two adult Persons shall be valid or recognized as a Marriage by this State; and for further Clarity it shall be understood that, insofar as shall concern this State, Marriages between two adult Persons of the same sex shall be equal in every Manner whatsoever to Marriages between two adult Persons of the opposite sex, and Spouses under either form of Marriage as to both forms shall be entitled to enjoy all and the same Privileges and Immunities inherent in Marriage that are bestowed by the State; Provided always, that nothing in this section shall be construed as requiring faith-based Institutions to perform or solemnize, or refrain therefrom, any Marriage, or form thereof, that is incompatible with their tenets: But Polygamy, in any Type or Form, shall be forever prohibited in this State.
- The Legislature shall enact suitable Laws to enforce the Provisions of this Section.
- All legislative Powers of the State of Arizona shall be vested in a Legislature consisting of a Senate and House of Representatives: But the People of this State expressly reserve to themselves the Right to initiate statutory Measures, which shall be submitted to a Vote of the Electors of the State, and also the Right to require that any statutory Measure which the Legislature may have enacted shall be referred to a Vote of the Electors of the State before going into Effect, except such Laws as may be Necessary for the immediate preservation of the public Health, Safety, or Welfare, support of the Government of the State and its public Institutions, or mandating or otherwise fixing Expenditures. At least twelve Percent of the qualified Electors of the State shall be required to invoke either the Initiative or the Referendum.
- This section shall not be construed so as to deprive the Legislature or any Member thereof of the Right or Ability to propose any Measure.
- This section shall apply to political Subdivisions of the State.
- In addition to the Powers enumerated in this Constitution, the Legislature shall have all Powers Necessary to the Legislature of a free State.
- The Legislature shall enact suitable Laws for carrying into effect the Provisions of this Section.
- The Senate shall be composed of a Number of Members, chosen in each County by the Electors thereof, to a Term of six Years, and the Number of Senators chosen in each County shall be apportioned in the following Manner; that is to say:—
- Counties with a population of thirty thousand or less shall be entitled to one Senator;
- Counties with a population of more than thirty thousand but less than five hundred thousand shall be entitled to two Senators;—And
- Counties with a population of five hundred thousand or more shall be entitled to three Senators.
- Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one-third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, the Governor shall drop Writs of Election to fill such Vacancies.
- No Person shall be a Senator who shall not have attained to the age of twenty-five Years, and been seven Years a Citizen of this State, and who shall not, when chosen, be four Years a Resident of this State and of the County from which he is chosen.
- The Governor shall nominate and, by and with the Advice and Consent of the Senate, shall appoint the President of the Senate, for the duration of the Legislature: But the Senate shall choose their other Officers, and also a President pro Tempore, in the Absence of their President, or when he shall exercise the Office of Governor.
- The President of the Senate shall by virtue of that Office be Lieutenant-Governor of the State.
- The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the Governor is tried the chief Justice of the supreme Court shall preside: And no Person shall be convicted without the Concurrence of two-thirds of the total Number of Senators.
- Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of Honor, Trust or Profit under this State: But the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.
- Until such Time as the Legislature shall by Law prescribe the Manner in which Vacancies in the Representation in the Senate shall be filled, the Governor shall have Power to drop Writs of Election to fill such Vacancies.
- The House of Representatives shall be composed of a Number of Members, chosen by the Electors of the State, to a Term of two Years, and such Number shall be neither be less than one Representative for every ninety thousand people, nor shall there be more than one hundred twenty-eight Representatives total. Until otherwise provided by Law, Representatives shall be chosen at-large by the Electors of the State.
- No Person shall be a Representative who shall not have attained to the age of twenty-three Years, and been five Years a Citizen of this State, and who shall not, when chosen, be two Years a Resident of this State and of the District in which he is chosen.
- The House of Representatives shall choose their Speaker, a Speaker pro Tempore, and other Officers; and shall have the sole Power of Impeachment.
- Until such Time as the Legislature shall by Law prescribe the Manner in which Vacancies in the Representation in the House of Representatives shall be filled, the Governor shall have Power to drop Writs of Election to fill such Vacancies.
- The Sessions of the Legislature shall be held annually at the Capitol of the State, and except as to the first Session thereof, shall commence on the second Monday of January next following the Election of Members of the Legislature, unless they shall, by Law, appoint a different Day.
- The Governor may call a special Session, whenever in his Judgement it is advisable. In calling such special Session, the Governor shall specify the Subjects to be considered at such Session, and at such Session no Laws shall be enacted except such as shall relate to the Subjects mentioned in such call.
- Every Bill shall be Read by Sections on three different Days, unless in case of Emergency, in which two-thirds of either House deem it expedient to dispense with this Rule; but the Reading of a Bill by Sections on its final Passage shall in no Case be dispensed with, and the Vote on the final Passage of any Bill or joint Resolution shall be taken by Yeas and Nays on roll call.
- Every Measure when finally Passed shall be presented to the Governor for his approval or disapproval.
- The Legislature shall make no private or local law in any of the following cases; that is to say:
- Granting divorces;
- Changing names of Persons or Places;
- Locating or changing County seats;
- Changing Rules of Evidence;
- Changing the Law of descent or succession;
- Regulating the practice of Courts of Justice;
- Regulating the Jurisdiction and Duties of Justices of the Peace;
- Remitting fines, penalties, and forfeitures;
- Limitation of civil actions or giving effect to informal or invalid deeds;
- Punishment of crimes and misdemeanors;
- Laying out, opening, altering, or vacating roads, plats, streets, alleys, and public squares;
- Providing for changes of venue in civil or criminal cases;
- Providing for Election of Members of boards of supervisors;
- Summoning and empanelling of grand or petit juries;
- Relinquishing any indebtedness, liability, or obligation to this State;
- Regulating the rate of interest on money;
- Assessment and collection of taxes;
- The conduct of Elections;
- Designating Places of voting;
- Affecting the estates of deceased persons or of minors;
- Creating, increasing or decreasing fees, percentage or allowances of public Officers, during the Term for which said Officers are elected or appointed;
- Granting to any Corporation, Association or Individual the right to lay down railroad tracks;
- Granting to any private Corporation, Association or Individual any exclusive Privilege, Immunity or Franchise whatever;—Or
- Providing for building Bridges, and chartering Companies for such Purposes, except on or over the Waters forming a part of the Boundaries of this State.
- The Legislature shall pass general Laws providing for the cases Enumerated in this Section, and for all other Cases which, in their Judgement, may be provided for by general Laws.
- No provision or enactment shall be embraced in the general appropriation or supply Bill, unless it relates specifically to some particular Appropriation in the Bill; nor shall any such appropriation or supply Bill embrace anything but Appropriations for the different Departments of the State, for State institutions, for public Schools, and for Interest on the public Debt; and any such provision or enactment shall be limited in its Operation to such Appropriation. All other Appropriations shall be made by separate Bills, each embracing but one Subject.
- The approval in each House of the Legislature of two-thirds of the whole Number elected thereto, respectively, shall be requisite to every Bill appropriating the public Moneys or Property for local or private Purposes.
- It shall not be lawful for any Person holding public Office in this State to accept or use a Pass or to purchase Transportation from any Railroad or other Corporation, other than as such Transportation may be purchased by the general Public: Provided, that this shall not apply to Members of the Arizona State Guard traveling under Orders.
- The Legislature shall enact suitable Laws to enforce the Provisions of this Section.
- The Legislature, in order to insure continuity of State and local governmental Operations in periods of Emergency resulting from Disasters caused by enemy Attack or other public Danger, shall have the Power and the immediate Duty to:
- Provide for prompt and temporary Succession to the Powers and Duties of public Offices, of whatever Nature and whether filled by Election or Appointment, the Incumbents of which may become unavailable for carrying on the Powers and Duties of such Offices.
- Adopt such other Measures as may be Necessary and Proper for insuring the continuity of governmental Operations.
- In the exercise of the Powers hereby conferred, the Legislature shall in all respects conform to the Requirements of this Constitution except to the extent that in the Judgment of the Legislature so to do would be impracticable or would admit of undue delay.
- The enacting Clause of every Bill enacted by the Legislature shall be as follows: “Be it enacted by the Legislature of the State of Arizona.”
- The enacting Clause of every Measure initiated and approved by Vote of the Electors of the State shall be: “Be it enacted by the People of the State of Arizona.”
- The enacting Clause of every Bill enacted by the Legislature and referred to the People shall be the same as for other Bills enacted by the Legislature.
- All executive Powers of the State of Arizona shall be vested in a Governor of the State, who shall be chosen by the qualified Electors of the State, for four Years; and in choosing the Governor, the Person having a Majority of Votes cast for the Office of Governor shall be elected. If no person shall receive a Majority of the Votes cast for the said Office, a second Election shall be held as prescribed by Law between the Persons receiving the highest and second highest Number of Votes cast for the said Office. The Person receiving the highest Number of Votes at the second Election for the said Office shall be Governor, but if the two Persons have an equal Number of Votes for the said Office, the Legislature shall, within thirty Days, assemble in joint Session and they shall by joint Ballot choose forthwith one of such persons as Governor.
- The Legislature shall determine the Time and Manner of choosing the Governor, which shall be the same throughout the State: Provided, that until such determination be made, and except where this Constitution prescribes otherwise, the Governor shall be chosen in the same Manner as under the previous Constitution of this State.
- No Person shall be eligible to the Office of Governor who shall not, when chosen, be a natural born Citizen of this State, or be a Citizen of this State at the Time of the Adoption of this Constitution; neither shall any Person be eligible to that Office who shall not, when chosen, have attained to the Age of twenty-seven Years, and been ten Years a Resident within this State; nor shall any Person be eligible to the said Office who shall, when chosen, have been convicted of Felony under the Constitution and Laws of this State, unless restored to civil Rights prior to being chosen: Provided always, that no Person convicted of Treason under the Constitution and Laws of this State shall ever be eligible to the Office of Governor.
- In Case of the Removal of the Governor from Office, or of his Death, Resignation, or Absence from the State, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the President of the Senate: And the Legislature may by Law provide for the Case of Removal, Death, Absence, Resignation or Inability, both of the Governor and the President of the Senate, declaring what Officer shall then act as Governor, and such Officer shall act accordingly, until the Disability be removed, or a Governor shall be elected and qualified.
- Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:—“I do solemnly swear (or affirm) that I will faithfully execute the Office of Governor of the State of Arizona, and will, with every fiber of my Being, preserve, protect, and defend the Constitution for the State of Arizona (and, in like Manner, the Sovereignty of the People and State of Arizona) from all Enemies, foreign and domestic; that I will bear true Faith and Allegiance to the same; that I take this Obligation freely, without any mental Reservation or purpose of Evasion; and that I will well and faithfully discharge the Powers and Duties of the Office on which I am about to enter.”
- The Governor shall transact all executive Business with the Officers of the Government, civil and military.
- To aid him in the discharge of the Powers and Duties of his Office, he shall be assisted by an Executive Council, over which he shall preside, and which shall be composed of the principle Officer in each of the executive Departments of the State and such other executive Agencies as may be prescribed by Law. The Governor, his Executive Council, and the executive Departments and Agencies of the State shall form the Executive Department of the State.
- He shall be Commander-in-Chief of the military Forces of the State, and of the State Militia, except as to the State Militia when they, or such part of them, shall, with his Consent, be called into the actual Service of the United States. He shall also be Commander-in-Chief of such State Police Force as the Legislature may establish; and during Emergencies or other like extraordinary Situations may also exercise like Command and Control over the Sheriffs of the various Counties of the State, the police Departments of the various Cities and Towns in the State, and any other law enforcement Agency established under this State or any political Subdivision thereof.
- He shall have the Power to call out the Militia and summon the Posse Comitatus in order to prevent or suppress Invasion, Insurrection, or any serious Disturbance of the public Peace or Order.
- He shall have the Power to proclaim martial Law when the public Safety requires it in Case of Invasion or Insurrection or imminent Danger thereof. The Legislature shall assemble forthwith on their own Initiative to ratify or revoke the Proclamation.
- He may require the Opinion, in writing, of the principal Officer in each of the executive Departments and Agencies of the State, upon any Subject relating to the Duties of their respective Offices. He shall also have Power to grant Reprieves and Pardons against the State of Arizona, except in Cases of Impeachment or Treason, under such Conditions and in such Manner as the Legislature may by Law prescribe.
- He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties and other Agreements coming within the Power and Authority of this State, provided two-thirds of the total Number of Senators elected concur.
- He shall take Care that the Constitution and Laws of this State are faithfully executed; he may, by appropriate court Action or Proceeding brought in the Name of this State, enforce compliance with any constitutional or legislative Mandate, or restrain Violation of any constitutional or legislative Power, Duty, or Right by any Officer, Department, or Agency of this State or any political Subdivision of this State: Provided always, that this Authority shall not be construed to authorize any Action or Proceeding against the Legislature; he shall also have Power, by and with the Advice and Consent of the Senate (or of such other Body as the Legislature may by general Law prescribe), provided three-fifths of their total Number concur, to enact and repeal Regulations and Orders which may be Necessary and Proper for the implementation of the Constitution and Laws of this State: Provided always, that any such Regulation or Order which shall be repugnant to the Constitution or Laws of this State shall be null, void, unauthoritative, and of no force whatsoever, and the Judges shall be bound thereby to refuse their Enforcement.
- He shall nominate and, by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, and all other Officers of the State, whose Appointments are not herein otherwise provided for, and which shall be established by Law: But the Legislature may by Law vest the Appointment of such inferior Officers, as they think proper, in the Governor alone, in the Courts of Law, in the Heads of Departments, or in the Electorate.
- He shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session: But when any Office shall, from any Cause, become Vacant, and no Mode shall be provided by this Constitution or by Law for filling such Vacancy, the Governor shall have the Power to fill such Vacancy by Appointment.
- He shall have such other Powers and Duties as may be prescribed by Law.
- He shall from Time to Time give to the Legislature Information on the State of the Republic, and recommend to their Consideration such Measures as he shall judge Necessary and Expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think Proper; and he shall receive Ambassadors and other public Ministers.
- He may, by Proclamation, convene the Legislature into special Session, whenever in his judgment it is advisable. In his Proclamation, he shall specify the Subjects to be considered by the Legislature; and, at such special Session, they shall enact no Laws except such as shall relate to the Subjects mentioned in the Proclamation.
- Every Bill or other Measure which shall have passed the Senate and House of Representatives, shall, before it become a Law, be presented to the Governor: If he approve he shall sign it, but if not he shall return it, with his Objections, to that House in which it shall have originated, which shall enter the Objections at large on their Journal, and proceed to reconsider it. If, after such Reconsideration, two-thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House, it shall become a Law —But in all such Cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the Governor within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Legislature by their Adjournment prevent its Return, in which Case it shall not be a Law.
- Every Bill or other Measure which shall have passed the Senate and House of Representatives, and referred to a Vote of the People, shall before it become a Law, be presented to the People: If an absolute Majority of them approve it, it shall become Law upon Proclamation by the Governor that the Bill or other Measure so referred was approved by the People. The Governor shall have no Power to approve or disapprove of such Bills or Measures referred to a Vote of the People.
- Every Bill or Measure which shall be initiated by the People, and approved by them at the polls, shall before it become a Law, be presented to the Governor: If he approve he shall sign it; but if not, he shall not sign it, and it shall not become Law. If any Bill or Measure proposed by the People, and approved by them at the polls, shall not be disapproved by the Governor within ten Days (Sundays excepted) after it shall be presented to him, the Same shall be a Law, in like Manner as if he had signed it.
- Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be Necessary (except on a Question of Adjournment) shall be presented to the Governor, and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be re-passed in each House of the Legislature by two-thirds of their Members, according to the Rules and Limitations prescribed in the Case of a Bill.
- If any Bill presented to the Governor contains several Items of Appropriations of Money, he may object to one or more of such Items, while approving other portions of the Bill. In such Case he shall append to the Bill at the Time of signing it, a Statement of the Item or Items which he declines to approve, together with his Objections therefor, and such Item or Items shall not take Effect unless re-passed in each House of the Legislature by two-thirds of their respective Members, according to the Rules and Limitations prescribed in the Case of a Bill.
- After the final Action by the Governor, or following the Adoption of a Bill notwithstanding his Objection, it shall be filed with the Secretary of State or its successor.
- This provisions of parts B and C of this section shall not apply to emergency Measures as referred to in section 2 of Article IV of this Constitution.
- The Governor and all civil Officers of the State shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. The Governor shall also be responsible to the qualified Electors of the State, and upon the demand of two-thirds of them, the Office of Governor shall immediately become Vacant; and the Powers and Duties of the said Office shall immediately devolve upon the first Officer of the State eligible to the Office of Governor, who shall be Acting Governor and shall exercise the Powers and Duties of that Office until a new Governor shall be elected and qualified.
- The Legislature shall enact suitable Laws to enforce the provisions of this Section.
- Any executive Officer of this State, who shall knowingly and willingly refuse to faithfully enforce this Constitution and the Laws of this State made, or which may be made, in strict pursuance thereof, is guilty of Sedition, and shall be fined an Amount not less than one hundred thousand federal Dollars and be punished by a Term of Imprisonment not less than ten Years.
- A conviction of Sedition of any executive Officer of this State shall work a forfeit and resignation of his Office; he shall, upon conviction, be forever ineligible to hold or succeed to any Office of Honor, Profit or Trust under this State, and also be forever disqualified an Elector of this State.
- For the purpose of this section, “executive Officer of this State” shall be understood to also include any executive Officer of any political Subdivision of this State or of any Instrumentality or Institution of this State.
The judicial power of the State shall be vested in a supreme Court, a Court of Appeal, a superior Court, Justices of the Peace, and such Courts inferior to the superior Court as the Legislature may from time to time Ordain and Establish.
The judicial Power shall extend—
- To all Cases and Controversies, in Law and Equity, arising under this Constitution, the Laws of the State, Ordinances of political Subdivisions of the State, and Treaties made, or which shall be made, under the Authority of the State; and, insofar as this State shall be concerned, in like Manner to all Cases and Controversies in this State, in Law and Equity, arising under the Treaty Establishing a Constitution for the United States, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;
- To all Cases, insofar as this State shall be a Party, affecting Ambassadors, other public ministers and Consuls;
- To all Cases and Controversies in which this State shall be a party;—And
- To Controversies between two or more political subdivisions of the State; between the State and a political subdivision of the State; between this State and the United States; between this State and a foreign State; and between this State and citizens or subjects of a foreign State.
The Governor shall appoint the Justices of the supreme Court in the Manner prescribed by this Constitution. The Governor shall, from their Number, designate the chief Justice, for a period of two Years, who shall preside at all Sessions of the supreme Court. In case of the absence of the chief Justice, the most senior Justice of the supreme Court shall preside.
The Governor shall have Power to fill up all Vacancies which may occur on the supreme Court in the same Manner as in the Case of appointing the Justices of the said Court.
The sessions of the supreme Court shall be held at the Seat of Government of the State.
The supreme Court shall have original Jurisdiction in Habeas Corpus, Quo Warranto, and Mandamus as to all Officers of the State; and shall have appellate Jurisdiction in all other Actions and Proceedings: But its appellate Jurisdiction shall not extend to civil Actions at Law for recovery of Money or personal Property where the original amount in Controversy, or the Value of the Property, does not exceed the sum of two hundred federal Dollars, unless the Action involves the validity of a Tax, Impost, Assessment, Toll, municipal Fine, or Statute.
The supreme Court shall also have Power to issue Writs of Mandamus, Review, Prohibition, Habeas Corpus, Certiorari, and all other Writs which may be Necessary and Proper to the complete exercise of its appellate and revisory Jurisdiction.
The supreme Court shall have original and exclusive Jurisdiction to hear and determine all Causes between Counties concerning Boundaries and Surveys thereof, or concerning Claims of one County against another. Such Trials shall be to the Court without a Jury.
Each Justice of the supreme Court shall have Power to issue Writs of Habeas Corpus to any part of the State upon petition by, or on behalf of, any Person held in actual Custody, and may make such Writs returnable before himself, or before the supreme Court, or before any Division of the superior Court of the State or any Judge thereof.
There shall be in each of the organized Counties of the State a superior Court, for which there shall be at least one Judge; and the Judges of the superior Court shall be chosen, and shall hold their Office, in such Manner and for such Time as prescribed by this Constitution: Provided, that for each County having a Census enumeration greater that thirty thousand Inhabitants, one Judge of the superior Court for every additional thirty thousand Inhabitants, or majority fraction thereof, may be provided by Law. In any County where there shall be more than one Judge of the superior Court, there may be as many sessions of the superior Court at the same Time as there are Judges, and the business of the Court shall be so distributed and assigned by Law, or in the absence of Legislation therefor, by such Rules and Orders of the Court as shall best promote and secure the convenient and expeditious Transaction thereof.
The superior Courts provided for in this article shall constitute a single Court, in the name and form of a superior Court of the State of Arizona, composed of all the Judges in each of the Counties of the State. The Legislature may classify Counties for the purpose of fixing Salaries of Judges and other Officers of the Court.
The Process of the superior Court shall extend to all parts of the State.
The Judgements, Decrees, Orders and Proceedings of any Session of the superior Court held by any one or more of the Judges of such Court shall be equally effectual as if all the Judges of said Court had presided at such Session.
The superior Court shall have original Jurisdiction in all Cases of Equity and in all Cases at Law which involve the Title to, or the possession of, real Property, or the legality of any Tax, Impost, Assessment, Toll, or municipal Fine, and in all other Cases in which the Demand or Controversy amounts to two hundred federal Dollars exclusive of Interest and the Value of the Property in Controversy amounts to two hundred federal Dollars, exclusive of Interest and Costs, and in all criminal Cases amounting to Felony, and in all Cases of Misdemeanor not otherwise provided for by Law; of Actions of forcible Entry and Detainer; of Proceedings of Solvency; of Actions to prevent or abate Nuisance; of all Matters of Probate; of Divorce, and for annulment of Marriage; and for such special Cases and Proceedings as are not otherwise provided for by Law.
The superior Court shall also have original Jurisdiction in all Cases and of all Proceedings in which Jurisdiction shall not have been by Law vested exclusively in some other Court; and said Court shall have the Power of Naturalization and to issue Papers therefor. Said Court shall have such appellate Power of Jurisdiction in Cases arising in Justice and other inferior Courts in their respective Counties as may be prescribed by Law. The Process of said Court shall extend to all parts of the State.
The Supervisor of the Court shall have exclusive original Jurisdiction in all Proceedings and Matters affecting dependent, negligent, incorrigible or delinquent Children, or Children accused of Crime, under the Age of eighteen Years. The Judges of said Court must hold Examinations in Chambers of all such Children concerning whom the Proceedings are brought, in advance of any criminal Prosecution for any Offenses that may have been committed by such Children. The Power of said Judges to control such Children shall be as prescribed by Law.
The superior Court shall at all Times, except on non-judicial Days, be open for the determination of non-Jury civil Causes, and for the transaction of Business. For the determination of civil Causes and Matters in which a Jury demand has been entered; and for the Trial of criminal Causes, a trial Jury shall be Drawn and Summoned from the Body of the County at least three times a Year.
The superior Court and their Judges shall have the Power to issue Writs of Mandamus, Quo Warranto, Review, Certiorari, Prohibition, and Writs of Habeas Corpus on petition by, or on behalf of, any Person in actual Custody in their respective Counties. Injunctions, Attachments, and Writs of Prohibition and of Habeas Corpus may be issued and served on legal Holidays and non-judicial Days. Grand Juries shall be Drawn and Summoned only by Order of the superior Court.
The supreme Court, the Court of Appeal, and the superior Court shall be Courts of Record. Other Courts of Record may be established by Law, but Courts of Justices of the Peace shall not be Courts of Record.
The salaries of the Justices of the supreme Court and of the Judges of the Court of Appeal shall be paid by the State. One-half of the salary of each of the Judges of the superior Court shall be paid by the State, and one-half by the County for which he is chosen. Until otherwise provided by Law, each of the Justices of the supreme Court shall receive an annual salary of seventy-five thousand federal Dollars, and each of the Judges of the Court of Appeal an annual salary of sixty-five thousand federal Dollars. Until otherwise provided by Law, the Judges of the divisions of the superior Court in and for the Counties of Maricopa, Pima, Yavapai, Gila, and Cochise shall each receive fifty-thousand federal Dollars per annum; and the Judges of the divisions of the superior Court in and for the Counties of Coconino, Apache, Navajo, Santa Cruz, Yuma, La Paz, Pinal, Graham, and Mohave shall each receive forty-three thousand federal Dollars per annum.
Judges shall not charge Juries with respect to Matters of Fact nor comment thereon, but shall declare the Law.
No Judge of a Court of Record shall practice Law in any Court in this State during his continuance in Office.
The Common Law legal Principle of jury Nullification shall be preserved and recognized in and by this State.
No Person shall be eligible to the Office of Justice of the supreme Court or that of Judge of the Court of Appeal unless he shall be learned in the Law, at least thirty Years of age, and shall have been admitted to practice before the supreme Court of Arizona for at least five Years, and shall have been a resident of Arizona for five Years preceding his entering upon the Duties of his Office.
No Person shall be eligible for the Office of Judge of the superior Court, unless he shall be learned in the Law, at least twenty-five Years of age, and shall have been admitted to practice before the supreme Court of Arizona for at least two Years and shall have been a resident of Arizona for two Years preceding his entering upon the Duties of his Office.
- All Justices, Judges, Justices of the Peace, and Officers of any Court who are holding Office as such by election or appointment at the Time of the adoption of this section shall serve or continue in Office for the respective Terms for which they are so elected or for their respective unexpired Terms, and until their successors are chosen and qualify or they are retained in Office pursuant to section 28 of this article. The continued existence of any Office heretofore legally established or held shall not be abolished or repealed by the adoption of this article. The judicial Officers and Offices in force at the Time of the adoption of this article and not inconsistent herewith, shall, so far as applicable, apply to and govern such Courts, judicial Officers and Offices until amended or repealed.
- All Judges of the superior Court holding Office by appointment or retention shall serve or continue in Office for the respective Terms for which they were appointed. Upon an incumbent vacating the Office of Judge of the superior Court, whether by failing to file a declaration for retention, by rejection by the qualified Electors of the County or resignation, the appointment shall be pursuant to section 27 of this article.
- There shall be a nonpartisan Commission on Appellate Court Appointments which shall be composed of the chief Justice of the supreme Court, who shall be chairman, five attorney Members, who shall be nominated by the Board of Supervisors of the State Bar of Arizona and appointed by the Governor with the Advice and Consent of the Senate in the manner prescribed by law, and ten non-attorney Members who shall be appointed by the Governor by and with the Advice and Consent of the Senate in the Manner prescribed by Law. At least ninety days prior to a Term expiring or within twenty-one days of a Vacancy occurring for a non-attorney Member on the Commission on Appellate Court Appointments, the Governor shall appoint a nominating Committee of nine Members, not more than five of whom may be from the same political Party. The makeup of the Committee shall, to the extent feasible, reflect the diversity of the Population of the State. Members shall not be attorneys and shall not hold any governmental Office, elective or appointive, for profit. The Committee shall provide public Notice that a Vacancy exists and shall solicit, review and forward to the Governor all applications along with the Committee’s recommendations for appointment.
Attorney Members of the Commission shall have resided in the State and shall have been admitted to Practice before the supreme Court for not less than five Years. Not more than three attorney Members shall be Members of the same political Party and not more than two attorney Members shall be residents of any one County. Non-attorney Members shall have resided in the State for not less than five Years and shall not be Judges, retired Judges or admitted to Practice before the supreme Court. Not more than five non-attorney Members shall be Members of the same political Party. Not more than two non-attorney Members shall be residents of any one County. None of the attorney or non-attorney Members of the Commission shall hold any governmental Office, elective or appointive, for profit, and no attorney Member shall be eligible for appointment to any judicial Office of the State until one Year after he ceases to be a Member. Attorney Members of the Commission shall serve staggered four-Year Terms and non-attorney Members shall serve staggered four-Year Terms. Vacancies shall be filled for the unexpired Terms in the same Manner as the original appointments. - No person other than the chief Justice shall serve at the same Time as a Member of more than one judicial appointment Commission.
- In making or confirming appointments to the Appellate Court Commission, the Governor, the Senate, and the State Bar shall endeavor to see that the Commission reflects the diversity of Arizona’s population.
In the event of the absence or incapacity of the Chairman, the supreme Court shall appoint a Justice thereof to serve in his place and stead. - Prior to making recommendations to the Governor as hereinafter provided, the Commission shall conduct Investigations, hold public Hearings and take public Testimony. An executive Session as prescribed by Rule may be held upon a two-thirds Vote of the Members of the Commission in a public Hearing. Final Decisions as to recommendations shall be made without regard to political Affiliation in an impartial and objective Manner. The Commission shall consider the diversity of the State’s population, however the primary consideration shall be Merit. Voting shall be in a public Hearing. The expenses of Meetings of the Commission and the attendance of Members thereof for Travel and Subsistence shall be paid from the general Fund of the State as state Officers are paid, upon claims approved by the Chairman.
- After public Hearings, the supreme Court shall adopt Rules of Procedure for the Commission on Appellate Court Appointments.
- Notwithstanding the provisions of subsection A, the initial appointments for the five additional non-attorney Members and the two additional attorney Members of the Commission shall be designated by the Governor for staggered Terms as follows:
- One appointment for a non-attorney Member shall be for a one-Year Term.
- Two appointments for non-attorney Members shall be for a two-Year Term.
- Two appointments for non-attorney Members shall be for a three-Year Term.
- One appointment for an attorney Member shall be for a one-Year Term.
- One appointments for an attorney Member shall be for a two-Year Term.
- The Members currently serving on the Commission may continue to serve until the expiration of their normal Terms. All subsequent appointments shall be made as prescribed by this section.
- Within sixty days from the occurrence of a Vacancy in the Office of a Justice or Judge of any Court of Record, except for Vacancies occurring in the Office of a Judge of the superior Court or a Judge of a Court of Record inferior to the superior Court, the Commission on Appellate Court Appointments, if the Vacancy is in the supreme Court or an intermediate appellate Court of Record, shall submit to the Governor the Names of not less than three Persons nominated by them to fill such Vacancy, no more than two of whom shall be Members of the same political Party unless there are more than four such Nominees, in which event not more than sixty percent of such Nominees shall be Members of the same political Party.
- Within sixty days from the occurrence of a Vacancy in the Office of a Judge of the superior Court or a Judge of a Court of Record inferior to the superior Court, the Commission on Trial Court Appointments for the County in which the Vacancy occurs shall submit to the Governor the Names of not less than three Persons nominated by them to fill such Vacancy, no more than two of whom shall be Members of the same political Party unless there are more than four such Nominees, in which event no more than sixty percent of such Nominees shall be Members of the same political Party. A Nominee shall be under sixty-five Years of Age at the Time his Name is submitted to the Governor. Judges of the superior Court shall be subject to retention or rejection by a Vote of the qualified Electors of the County from which they were appointed at the general Election in the Manner provided by section 28 of this article.
- A Vacancy in the Office of a Justice or a Judge of such Courts of Record shall be filled by appointment by the Governor without regard to political affiliation from one of the Nominees whose Names shall be submitted to him as in this section provided. In making the appointment, the Governor shall consider the diversity of the State’s population for an appellate Court appointment and the diversity of the County’s population for a trial Court appointment, however the primary consideration shall be Merit. If the Governor does not appoint one of such Nominees to fill such Vacancy within sixty days after their Names are submitted to the Governor by such Commission, the chief Justice of the supreme Court forthwith shall appoint on the basis of Merit alone without regard to political affiliation one of such Nominees to fill such Vacancy. If such Commission do not, within sixty days after such Vacancy occurs, submit the Names of nominees as in this section provided, the Governor shall have Power to appoint any qualified Person to fill such Vacancy at any Time thereafter prior to the Time the Names of the Nominees to fill such Vacancy are submitted to the Governor as in this section provided. Each Justice or Judge so appointed shall initially hold Office for a Term ending sixty days following the next regular general Election after the expiration of a Term of two Years in Office. Thereafter, the Terms of Justices or Judges of the supreme Court and the superior Court shall be as provided by this article.
- A Person appointed to fill a Vacancy on an intermediate appellate Court or another Court of Record now existing or hereafter established by Law shall have been a resident of the Counties or County in which such Vacancy exists for at least one Year prior to his appointment, in addition to possessing the other required Qualifications. A nominee shall be under sixty-five Years of Age at the Time his Name is submitted to the Governor.
- A Justice or Judge of the supreme Court or an intermediate appellate Court shall file in the Office of the Secretary of the Department of State and Foreign Affairs or its successor, and a Judge of the superior Court or other Court of Record including such Justices or Judges who are holding Office as such by election or appointment at the Time of the adoption of this section shall file in the Office of the Clerk of the Board of Supervisors of the County in which he regularly sits and resides, not less than sixty nor more than ninety days prior to the regular general Election next preceding the expiration of his Term of Office, a declaration of his desire to be retained in Office, and the Secretary of the Department of State and Foreign Affairs or its successor shall certify to the several Boards of Supervisors the appropriate Names of the Candidate or Candidates appearing on such declarations filed in his Office.
- The Name of any Justice or Judge whose declaration is filed as provided in this section shall be placed on the appropriate official Ballot at the next regular general Election under a nonpartisan designation and in substantially the following Form: Shall __________, (Name of Justice or Judge) of the _________ Court be retained in Office? Aye __ No __ (Mark X after one).
- If a Majority of those Voting on the Question vote “No,” then, upon the expiration of the Term for which such Justice or Judge was serving, a Vacancy shall exist, which shall be filled as provided by this article. If a Majority of those Voting on the question vote “Aye,” such Justice or Judge shall remain in Office for another Term, subject to removal as provided by this Constitution.
- The Votes shall be counted and canvassed and the result declared as in the case of state and county Elections, whereupon a Certificate of Retention or Rejection of the incumbent Justice or Judge shall be delivered to him by the Secretary of the Department of State and Foreign Affairs or its successor or the Clerk of the Board of Supervisors, as the case may be.
- If a Justice or Judge fails to file a declaration of his desire to be retained in Office, as required by this section, then his Office shall become Vacant upon expiration of the Term for which such Justice or Judge was serving.
- Except as otherwise provided, Judges of the superior Court shall hold Office for a regular Term of four Years.
- There shall be a nonpartisan Commission on Trial Court Appointments for each County which shall be composed of the following Members:
- The chief Justice of the supreme Court, who shall be the Chairman of the Commission. In the event of the absence or incapacity of the Chairman, the supreme Court shall appoint a Justice thereof to serve in his place and stead.
- Five attorney Members, none of whom shall reside in the same supervisorial District and not more than three of whom shall be Members of the same political Party, who are nominated by the Board of Governors of the State Bar of Arizona and who are appointed by the Governor by and with the Advice and Consent of the Senate in the Manner prescribed by Law.
- Ten non-attorney Members, no more than two of whom shall reside in the same supervisorial District.
- At least ninety days prior to a Term expiring or within twenty-one days of a Vacancy occurring for a non-attorney Member on the Commission for Trial Court Appointments, the Member of the Board of Supervisors from the District in which the Vacancy has occurred shall appoint a nominating Committee of seven Members who reside in the District, not more than four of whom may be from the same political Party. The composition of the Committee shall, to the extent feasible, reflect the diversity of the Population of the District. Members shall not be attorneys and shall not hold any governmental Office, elective or appointive, for profit. The Committee shall provide public Notice that a Vacancy exists and shall solicit, review and forward to the Governor all applications along with the Committee’s recommendations for appointment. The Governor shall appoint two Persons from each supervisorial District who shall not be of the same political Party, by and with the Advice and Consent of the Senate in the Manner prescribed by Law.
- In making or confirming appointments to trial court Commissions, the Governor, the Senate, and the State Bar shall endeavor to see that the Commission reflects the diversity of the County’s population.
- Members of the Commission shall serve staggered four Year Terms, except that initial appointments for the five additional non-attorney Members and the two additional attorney Members of the Commission shall be designated by the Governor as follows:
- One appointment for a non-attorney Member shall be for a one-Year Term.
- Two appointments for non-attorney Members shall be for a two-Year Term.
- Two appointments for non-attorney Members shall be for a three-Year Term.
- One appointment for an attorney Member shall be for a one-Year Term.
- One appointment for an attorney Member shall be for a two-Year Term.
- Vacancies shall be filled for the unexpired Terms in the same Manner as the original appointments.
- Attorney Members of the Commission shall have resided in this State and shall have been admitted to practice in this State by the supreme Court for at least five Years and shall have resided in the supervisorial District from which they are appointed for at least one Year. Non-attorney Members shall have resided in this State for at least five Years, shall have resided in the supervisorial District for at least one Year before being nominated and shall not be Judges, retired Judges nor admitted to practice before the supreme Court. None of the attorney or non-attorney Members of the Commission shall hold any governmental Office, elective or appointive, for profit, and no attorney Member is eligible for appointment to any judicial Office of this state until one Year after membership in the Commission terminates.
- No Person other than the chief Justice shall serve at the same Time as a Member of more than one judicial appointment Commission.
- The Commission shall submit the Names of not less than three Persons for nomination for the Office of the superior Court Judge pursuant to section 27 of this article.
- Prior to making recommendations to the Governor, the Commission shall conduct Investigations, hold public Hearings and take public Testimony. An executive Session as prescribed by Rule may be held upon a two-thirds Vote of the Members of the Commission in a public Hearing. Final Decisions as to recommendations shall be made without regard to political affiliation in an impartial and objective Manner. The Commission shall consider the diversity of the County’s population and the geographical distribution of the Residences of the Judges throughout the County, however the primary Consideration shall be Merit. Voting shall be in a public Hearing. The expenses of Meetings of the Commission and the attendance of Members thereof for Travel and Subsistence shall be paid from the general Fund of the State as state Officers are paid, upon claims approved by the Chairman.
- After public Hearings, the supreme Court shall adopt Rules of procedure for the Commission on Trial Court Appointments.
- The Members of the Commission who were appointed pursuant to section 26 of this article prior to the effective date of this section may continue to serve until the expiration of their normal Terms. All subsequent appointments shall be made as prescribed by this section.
- A Commission on Judicial Conduct is created, to be composed of eleven Persons consisting of two Judges of the Court of Appeal, two Judges of the superior Court, one Justice of the Peace and one municipal Court Judge, who shall be appointed by the supreme Court; two Members of the State Bar of Arizona, who shall be appointed by the governing Body of such bar Association; and three Citizens of this State, being neither Judges, retired Judges, or Members of the State Bar of Arizona, who shall be appointed by the Governor by and with the Advice and Consent of the Senate, in such Manner as the Legislature shall by Law prescribe.
- Terms of Members of the Commission shall be six Years, except that initial Terms of two Members appointed by the supreme Court and one Member appointed by the State Bar of Arizona for Terms which begin in January of the Year in which this article shall enter into force shall be for two Years and initial Terms of one Member appointed by the supreme Court and one Member appointed by the State Bar of Arizona for Terms which begin in January of the Year in which this article shall enter into force shall be for four Years. If a Member ceases to hold the position that qualified him for appointment his membership on the Commission terminates. An appointment to fill a Vacancy for an unexpired Term shall be made for the remainder of the Term by the appointing Power of the original appointment.
- On recommendation of the Commission on Judicial Conduct, the supreme Court may retire a Judge for disability that seriously interferes with the performance of his Duties and is, or is likely to become, permanent; and may censure, suspend without pay or remove a Judge for action by him that constitutes willful misconduct in Office, willful and persistent failure to perform his Duties, habitual Intemperance or conduct prejudicial to the administration of Justice that brings the judicial Office into disrepute.
- A Judge retired by the supreme Court shall be considered to have retired voluntarily. A Judge removed by the supreme Court shall forever be ineligible to judicial Office in this State.
In all Elections held, by the people, in this State, the Person, or Persons, receiving a Majority of legal Votes shall be declared elected.
In the event that no Person shall have received a Majority of legal Votes cast, then a runoff Election shall be held between the two Persons with the highest Number of legal Votes; and of those two, the Person that receives the highest Number of legal Votes shall be declared elected.
The Legislature shall enact suitable Laws to carry this section into effect.
The Legislature shall provide by Law for an annual tax sufficient, with other sources of revenue, to defray the necessary ordinary expenses of the State for each fiscal Year. And for the purpose of paying the State debt, if there be any, the Legislature shall provide for levying an annual tax sufficient to pay the annual interest and the principal of such debt within twenty-five Years from the final passage of the Law creating the debt.
No tax shall be levied except in pursuance of Law, and every Law imposing a tax shall state distinctly the object of the tax, to which object only it shall be applied.
All taxes levied and collected for State purposes shall be paid into the State Treasury in Money only.
The State may contract Debts to supply the casual deficits or failures in Revenues, or to meet Expenses for which provision is not otherwise made; but the aggregate Amount of such Debts, direct and contingent, whether contracted by virtue of one or more Laws, or at different periods of Time, shall never exceed the sum of three hundred and fifty thousand federal Dollars; and the money arising from the creation of such Debts shall be applied to the Purpose for which it was obtained or to repay the Debts so contracted, and to no other Purpose.
In addition to the above limited Power to contract Debts, the State may borrow Money to repel Invasion, suppress Insurrection, or defend the State in Time of War; but the Money thus raised shall be applied exclusively to the Object for which the Loan shall have been authorized or to the repayment of the Debt thereby created. No Money shall be paid out of the State Treasury, except in the Manner provided by Law.
All lands otherwise acquired by the State shall be by the State accepted and held in Trust to be disposed of in whole or in part, only in the Manner as in this Constitution provided, and as may be further prescribed by Law.
All public Lands located within this State which were, or may have been, purported to belong to, or otherwise claimed by, the United States, are hereby the Property of the State of Arizona, and shall be by the State accepted and held in Trust to be disposed of in whole or in part, only in the Manner as in this Constitution provided, and as may be further prescribed by Law.
The natural Products and money Proceeds of any of said Lands shall be subject to the same Trusts as the Lands producing the same.
The Legislature shall provide by Law for a State Board of Education, whose Members shall be appointed or elected in such Manner and by such Authority, to such Term not exceeding six Years, as the Legislature shall prescribe by Law. The said Board shall perform such Duties as may be prescribed by Law. The Members of the Board shall serve without pay, but all their necessary Expenses incurred in attending the Meetings of the Board, and for Printing, shall be provided for by Law.
The State Board of Education shall be composed of the following Members: the Governor, the Secretary of Education, the President of the Board of Regents of the University and the Principals of the State normal Schools, as ex-officio Members; and a City Superintendent of Schools, a Principal of a high School, and a County Superintendent of Schools, to be appointed by the Governor.
The University and all other State educational Institutions shall be open to Students of both Sexes, and the Instruction furnished shall be as nearly free as possible.
The Legislature shall provide for a system of common Schools by which a free School shall be established and maintained in every school District for at least six Months in each Year, which School shall be open to all Pupils between the Ages of six and eighteen Years.
The Legislature may provide for a system of kindergarten or other pre-primary Schools, by which a free School may be established and maintained in every school District for at least six Months each Year, which School shall be open to all Pupils between the Ages of two and six Years.
- The Board of Supervisors of any County with a population of more than five hundred thousand Persons as determined by the most recent Census may call for an Election to cause a charter Committee to be elected by the qualified Electors of that County at any Time. Alternatively, the Board of Supervisors of any County with a population of more than five hundred thousand Persons as determined by the most recent Census shall call for the Election of the charter Committee within ten Days after receipt by the Clerk of the Board of Supervisors of a Petition that demands the Election and that is signed by a Number of qualified Electors of the County at least equal to ten percent of the total Number of Ballots cast for all Candidates for Governor or gubernatorial-general Electors in the County at the last preceding general Election. The Election shall be held at least one hundred Days but not more than one hundred twenty Days after the call for the Election. Except as otherwise provided in this section, for Elections held under this section or section 6 of this article, the Manner of conducting and voting at an Election, contesting an Election, canvassing Votes and certifying returns shall be the same, as nearly as practicable, as in Elections for County Officers.
- At the Election a Vote shall be taken to elect Members of the charter Committee who will function if further Proceedings are authorized and the Ballot shall contain the question of whether further Proceedings toward adopting a charter shall be authorized pursuant to the call for the Election. Unless a majority of the qualified Electors voting on the question authorize further proceedings, the Election of Members of the charter Committee shall be invalidated and no further Proceedings may be had except pursuant to a subsequent call pursuant to subsection A.
- The charter Committee shall be composed of fifteen qualified Electors of the County elected by supervisorial District with the same Number serving from each District. A nomination Petition for Election to the charter Committee shall be made available by the Clerk of the Board of Supervisors and shall be signed by a Number of qualified Electors of the supervisorial District who are eligible to Vote for the nominee at least equal to one percent of the total Number of Ballots cast for all Candidates for Governor or gubernatorial-general Electors in the supervisorial District at the last preceding general Election, and filed with the said Clerk not later than sixty Days before the Election. All qualified Electors of the County, including all elected public Officials, are eligible to seek Election to the charter Committee.
- Within one hundred eighty Days after the Election the charter Committee shall prepare and submit a proposed Charter for the County. The proposed Charter shall be signed by a Majority of the Members of the Committee and filed with the Clerk of the Board of Supervisors, after which the charter Committee shall be dissolved. The County shall then Publish the proposed Charter in the official Newspaper of the County at least once a Week for three consecutive Weeks. The first Publication shall be made within twenty Days after the proposed Charter is filed with the Clerk of the Board of Supervisors.
- At least forty-five Days but not more than sixty Days after final Publication, the proposed Charter shall be submitted to the Vote of the qualified Electors of the County at a general or special Election. If a general Election will be held within ninety Days after final Publication, the proposed Charter shall be submitted at that general Election. The full text of the proposed Charter shall be printed in a publicity Pamphlet and mailed to each Household containing a registered Voter at least eleven Days before the charter Election and the Ballot may contain only a Summary of the proposed Charter provisions. The Ballot shall contain a Question regarding approval of the proposed Charter and the Questions pertaining to taxation Authority and appointment of Officers, if any, provided for in sections 7 and 8 of this article.
- If a Majority of the qualified Electors voting ratify the proposed Charter, a Copy of the Charter, together with a Statement setting forth the submission of the Charter to the qualified Electors and its ratification by them, shall be certified by the Clerk of the Board of Supervisors and shall be submitted to the Governor for approval. If he approve, he shall sign it within thirty Days after its submission (Sundays excepted), and it shall become the organic Law of the County. But if he shall not approve, he shall not sign it, and it shall not become the organic Law of the County: Provided always, that the Governor shall be required to approve the Charter, except when such Charter, or any part thereof, conflicts with the Constitution or Laws of this State, in which Case he shall not approve the Charter; and shall return it, together with evidence of such conflict with the Constitution or Laws of this State, to the charter Committee, which shall then proceed to reconsider the proposed Charter, and shall revise it so as to remove the conflict. If, after the charter Committee proceeds to remove the conflict, they shall re-submit the revised proposed Charter for the County as herein provided for the approval of the Charter.
- On approval, the Charter becomes the organic Law of the County, and certified Copies of the Charter shall be filed in the Office of the Secretary of the Department of State and Foreign Affairs or its successor and with the Clerk of the Board of Supervisors after being recorded in the Office of the County Recorder. Thereafter all Courts shall take judicial Notice of the Charter.
- Charter Counties continue to be political Subdivisions of this State that exist to aid in the Administration of the Laws of this State and for purposes of self-Government. Except as otherwise provided in this article the Powers of the Legislature over Counties are not affected by this section and sections 5, 6, 8 and 9 of this article. Charter Counties shall provide the same State mandated Services and perform the same State mandated Functions as non-Charter Counties. Charter Counties may exercise, if provided by the Charter, all Powers over local Concerns of the County consistent with, and subject to, the Constitution and the Laws of this State.
- If a County has framed and adopted a Charter and the Charter is approved by the Governor as provided in this article, the County shall be governed by the Terms of its Charter and Ordinances passed pursuant to its Charter. If the Charter has been framed, adopted and approved and any of its Provisions are in conflict with any County Ordinance, Rule or Regulation relating to local Concerns of the Counties in force at the Time of the adoption and approval of the Charter, the Provisions of the Charter shall prevail notwithstanding the conflict and shall operate as a repeal or suspension of such Ordinance, Rule, or Regulation to the extent of conflict, and such Ordinance, Rule, or Regulation shall not thereafter be operative as to such conflict.
- Notwithstanding article IX, section 1, if proposed and approved in the Charter, a Charter County may Levy and Collect:
- Taxes on a countywide basis to provide Services on a countywide basis.
- Taxes on a specially designated Area basis to provide Services or special levels of Service to that area.
- The decision to include a Charter provision authorizing Taxation pursuant to subsection C, paragraph 1 or 2 of this section shall be placed on the Ballot as separate Questions at the Election to ratify the Charter and must be approved by a majority of the qualified Electors voting at the Election. The result of the Voting on either provision authorizing Taxation does not affect the result of the Voting to ratify the Charter. Charter provisions authorizing Taxation pursuant to subsection C, paragraph 1 or 2 of this section may also be proposed by an Amendment to the Charter pursuant to section 6 of this article.
- If the Authority to Tax pursuant to subsection C, paragraph 2 of this section is approved for inclusion in the Charter, any new Tax proposed by the County under subsection C, paragraph 2 of this section shall be Voted on by the qualified Electors of the specially designated Area. The Tax must be ratified by a majority Vote of the qualified Electors voting at the Election.
- A transaction privilege Tax, use Tax or similar Tax levied by a County pursuant to subsection C, paragraph 1 of this section:
- May be imposed on only those business Activities, or on the Use, Storage or Consumption, which are subject to the comparable state transaction privilege Tax, use Tax or similar Tax.
- Shall provide all exclusion and exemptions provided by, and administrative provisions consistent with, the comparable state transaction privilege Tax, use Tax or similar Tax.
- All Taxes levied under subsection F of this section shall not exceed an aggregate rate of two percent when combined with existing Taxes levied by the State.
- If approved in the Charter, a charter County may adopt Fees and fee Schedules for any County products and County service delivery it provides in the conduct of any official Business. Notwithstanding any fee Schedules or individual Charges provided by State Law, the governing Body of a charter County may adopt an alternate fee Schedule or individual Charge. Any Fee or Charge established pursuant to this section shall be attributable to and defray or cover the current or future Costs of the Product or Service delivery for which the Fee or Charge is assessed.
- Taxes raised under the Authority of this section shall be subject to the provisions of the County property Tax and expenditure Limitations prescribed by the Legislature.
- The County charter shall provide:
- For an elective governing Body and its Method of Compensation, its Powers, Duties and Responsibilities, its Authority to delegate Powers, the method of Election and removal of Members, the Terms of Office and the Manner of filling Vacancies in the governing Body.
- For all Officers established under section 3 of this article and article VI, section 23, and such additional Officers as the Charter may provide for, their Election or Appointment, consolidation or segregation, Method of Compensation, Powers, Duties and Responsibilities, Authority to delegate Powers and, if elected, the method of Election and Removal, Terms of Office and the Manner of filling Vacancies in such Offices. If the Charter provides for the Attorney to remain an elective Officer of the County, the Charter may provide for an appointive Office to carry out the civil Representation needs of the County, its Departments, Agencies, Boards, Commissions, Officials and Employees. If the elective governing Body provided for in the Charter does not consist of Supervisors, the Charter may provide for elimination of the Office of Supervisor. If the Charter provides for the Office of Supervisor, the Number of Supervisors shall be not fewer than five or greater than nine. If the Charter provides for the appointment or elimination of an Officer established under section 3 of this article or article VI, section 23, or for an appointive Office to carry out the civil Representation needs of the County, those provisions shall include an effective date not earlier than the expiration of the Term of Office for the Officer commencing in January immediately following the first general Election at which the Officer is elected following approval of the Charter by the Voters and shall be placed on the Ballot as separate questions at the Election to ratify the Charter and must be approved by a Majority of the qualified Electors voting at the Election. The result of the voting on any provisions authorizing appointment or elimination of Officers does not affect the result of the voting to ratify the Charter.
- For the performance of Functions required by Statute.
- For a periodic Review of the Charter provisions to be conducted at least once every five Years from the Time of its ratification by the Voters and the procedures for the periodic Review.
- The County Charter may provide for other elective and appointive Offices.
Any City containing, now or hereafter, a population of more than three thousand five hundred may frame a Charter for its own Government consistent with, and subject to, the Constitution and the Laws of the State, in the following Manner: A Board of Freeholders composed of fourteen qualified Electors of said City may be elected at large by the qualified Electors thereof, at a general or special Election, whose duty it shall be, within ninety Days after such Election, to prepare and propose a Charter for such City. Such proposed Charter shall be signed in duplicate by the Members of such Board, or a Majority of them, and filed, one Copy of said proposed Charter with the chief executive Officer of such City and the other with the county Recorder of the County in which said City shall be situated. Such proposed Charter shall then be Published in one or more Newspapers published, and of general circulation, within said City for at least twenty-one days if in a daily Paper, or in three consecutive Issues if in a weekly Paper, and the first Publication shall be made within twenty Days after the completion of the proposed Charter. Within thirty Days, and not earlier than twenty Days, after such Publication, said proposed Charter shall be submitted to the Vote of the qualified Electors of said City at a general or special Election. If a Majority of such qualified Electors voting thereon shall ratify such proposed Charter, it shall thereupon be submitted to the Governor for his approval, and the Governor shall approve it if it shall not be in conflict with this Constitution or with the Laws of this State. Upon such approval said Charter shall become the organic Law of such City and supersede any Charter then existing (and all Amendments thereto) and all Ordinances inconsistent with said new Charter. A copy of such Charter, certified by the chief executive Officer, and authenticated by the Seal, of such City, together with a Statement similarly certified and authenticated setting forth the submission of such Charter to the Electors and its ratification by them, shall, after the approval of such Charter by the Governor, be made in duplicate and filed, one Copy in the Office of the Secretary of the Department of State and Foreign Affairs or its successor and the other in the Archives of the City after being recorded in the Office of said county Recorder. Thereafter all Courts shall take judicial Notice of said Charter.
The Charter so ratified may be amended by Amendments proposed and submitted by the legislative Authority of the City to the qualified Electors thereof (or by petition as hereinafter provided), at a general or special Election, and ratified by a Majority of the qualified Electors voting thereon and approved by the Governor as herein provided for the approval of the Charter.
No corporation shall be authorized to conduct the business of buying and selling real estate or be permitted to hold or own real estate except such as may be reasonably necessary to enable it to carry out the purposes for which it was created, and every corporation authorized to engage in agriculture shall by its charter be restricted to the ownership and control of not to exceed five hundred acres of land; and this provision shall be held to prevent any Member of a corporation engaged in agriculture from being in any way interested in any other corporation engaged in agriculture.
Corporations, however, may loan funds upon real estate security, and purchase real estate when necessary for the collection of loans, but they shall dispose of real estate so obtained within five Years after receiving the title.
Corporations not organized in Arizona, but doing business in Arizona, shall be bound by the provisions of this section so far as they are applicable.
These provisions shall not prevent the ownership, possession or management of lands in excess of five hundred acres by the State, its agencies or instrumentalities.
A Corporation Commission is hereby created in such Department or Agency of the executive Department as the Legislature shall by Law prescribe; But the Legislature May make the Corporation Commission an independent Agency of the State if they so choose. The Corporation Commission shall be composed of twelve Persons, who shall be nominated and, by and with the Advice and Consent of the Senate, shall be appointed by the Governor; to a Term of six Years; and the Corporation Commission, and the Members thereof, shall maintain their chief Office, and reside, within the limits of the Seat of Government of the State.
Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Commissioners of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that one third may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Senate, the Governor shall have Power to fill up all Vacancies that may happen during their Recess, by granting Commissions which shall expire at the End of their next Session.
The Qualifications of Commissioners may be prescribed by Law.
It shall be unlawful for any Person, Company, Association, or Corporation to require of its servants or employees as a condition of their employment, or otherwise, any contract or agreement whereby such Person, Company, Association, or Corporation shall be released or discharged from liability or responsibility on account of personal injuries which may be received by such servants or employees while in the service or employment of such Person, Company, Association, or Corporation, by reason of the negligence of such Person, Company, Association, Corporation, or the agents or employees thereof; and any such contract or agreement, if made, shall be null and void.
The Legislature shall enact suitable penalties for violations of this section.
- The Legislature, at any regular session, or at any special session when the Matter is included within the purposes for which the session is convened, may propose Amendments revising this Constitution, to be referred to, and be voted upon by, the registered and qualified Electors of this State, as defined by the Constitution and Laws of this State, at such Time and in such Manner as the Legislature shall by law direct: Provided always, that no alteration, revision, or amendment to this Constitution shall be adopted unless it shall be submitted to the registered and qualified Electors of this State and, before the same shall take effect, shall be approved by three-fourths of their whole Number; nor shall any alteration, revision, or amendment to this Constitution proposed by the Legislature be referred to, and voted upon by, the registered and qualified Electors of this State, unless the same shall have been approved in each House of the Legislature by two-thirds of the whole Number of Members elected thereto, and entered on their respective Journals.
- A brief explanatory Statement of the Nature of a proposed Amendment, together with the Date of the Election and the wording of the Proposition as it is to appear on the Ballot, shall be published twice in each Newspaper in the State which meets requirements set by the Legislature for the publication of official Notices of Offices and Departments of the State. The explanatory Statement shall be prepared by the Secretary of State and Foreign Affairs and shall be approved by the Attorney-General. The Secretary of State and Foreign Affairs shall send a full and complete Copy of the proposed Amendment or Amendments to each county Clerk who shall post the same in a public Place in the Courthouse at least thirty Days prior to the Election on said Amendment. The first Notice shall be published not more than sixty Days nor less than fifty Days before the Date of the Election, and the second Notice shall be published on the same Day in the succeeding Week. The Legislature shall fix the standards for the rate of charge for the publication, which may not be higher than the newspaper’s published all-Union rate for advertising per column inch.
- The Election shall be held in accordance with Procedures prescribed by the Legislature, and the returning Officer in each County shall make returns to the Secretary of State and Foreign Affairs of the number of legal Votes cast at the Election for and against each Amendment.
The Office of Auditor-General is hereby established.
The Office of Auditor-General shall be headed by an Auditor-General of the State, who shall examine the Books and Accounts of the Departments and Agencies of the State, the Institutions of the State, the public Schools and Universities of the State, and the Departments and Institutions of the political Subdivisions of the State. He shall have such other Powers and perform such other Duties as the Legislature may by Law prescribe.
He shall be chosen in such Manner, and to such Term as prescribed by the Legislature: But no Person shall be chosen as Auditor-General, or exercise the Powers and Duties thereof, who shall not, when chosen, have attained to the Age of twenty-five Years and be learned in Accountancy.
The Office of Mine Inspector is hereby established.
The Legislature, at their first session under this Constitution, shall enact suitable Laws so regulating the operation and equipment of all Mines in the State as to provide for the health and safety of Workers therein and in connection therewith, and for prescribing the Powers and Duties of said Office.
Upon approval of such Laws by the Governor, the Governor shall nominate and, by and with the Advice and Consent of the Senate, appoint a Mine Inspector, to such Term as prescribed by the Legislature, and who shall serve at the Pleasure of the Governor.
- In this section, unless the context otherwise requires:
- “Government” includes all laws, public proceedings, rules, publications, orders, actions, programs, policies, departments, boards, agencies, organizations and instrumentalities of this State or political subdivisions of this State, as appropriate under the circumstances to a particular official action.
- “Official action” includes the performance of any function or action on behalf of this State or a political subdivision of this State or required by State law that appears to present the views, position or imprimatur of the state or political subdivision or that binds or commits the state or political subdivision, but does not include:
- The teaching of or the encouragement of learning languages other than English.
- Actions, documents or policies necessary for tourism, commerce or international trade.
- Actions or documents that protect the public health and safety, including law enforcement and emergency services.
- Actions that protect the rights of victims of crimes or criminal defendants.
- Using terms of art or phrases from languages other than English.
- Using or preserving Arizona First Nation languages.
- Providing assistance to hearing impaired or illiterate persons.
- Informal and nonbinding translations or communications among or between representatives of government and other persons if this activity does not affect or impair supervision, management, conduct or execution of official actions and if the representatives of government make clear that these translations or communications are unofficial and are not binding on this State or a political subdivision of this State.
- Actions necessary to preserve the right to petition for the redress of grievances.
- “Preserve, protect and enhance the role of English” includes:
- Avoiding any official actions that ignore, harm or diminish the role of English as the language of government.
- Protecting the rights of persons in this State who use English.
- Encouraging greater opportunities for individuals to learn the English language.
- To the greatest extent possible under State statute, providing services, programs, publications, documents and materials in English.
- “Representatives of government” includes all individuals or entities during the performance of the individual’s or entity’s official actions.
- The official language of the State of Arizona is English.
- For further Clarity, it shall be understood that:—
- Representatives of government in this State shall preserve, protect and enhance the role of English as the official language of the government of Arizona.
- A person shall not be discriminated against or penalized in any way because the person uses or attempts to use English in public or private communication.
- Official actions shall be conducted in English.
- This article shall not be construed to prohibit any representative of Government, including a member of the Legislature, while performing official duties, from communicating unofficially through any medium with another person in a language other than English if official action is conducted in English.
- For further Clarity, it shall be understood that:—
- A person who resides or does business in this State may file a civil action for relief from any official action that violates this article in a manner that causes injury to the person.
- A person who resides or does business in this State and who contends that this article is not being implemented or enforced may file a civil action to determine if the failure or inaction complained of is a violation of this article and for injunctive or mandatory relief.
- A person shall not file an action under this section unless the person has notified the Attorney-General of the alleged violation and the Attorney-General or other appropriate representative of government has not provided appropriate relief within a reasonable time under the circumstances. An action filed under this section may be in addition to or in lieu of any action by officers of this State, including the Attorney-General.
- A person who files and is successful in an action under this section may be awarded all costs expended or incurred in the action, including reasonable attorney fees.