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IDAHO
CONSTITUTION OF
THE STATE OF IDAHO
APPROVED JULY 3,
1890
ARTICLE
I DECLARATION OF RIGHTS
II DISTRIBUTION OF POWERS
III LEGISLATIVE
DEPARTMENT
IV EXECUTIVE DEPARTMENT
V JUDICIAL DEPARTMENT
VI SUFFRAGE AND ELECTIONS
VII FINANCE AND REVENUE
VIII PUBLIC INDEBTEDNESS AND
SUBSIDIES
IX EDUCATION AND SCHOOL LANDS
X PUBLIC INSTITUTIONS
XI CORPORATIONS, PUBLIC AND
PRIVATE
XII CORPORATIONS, MUNICIPAL
XIII IMMIGRATION AND LABOR
XIX MILITIA
XX WATER RIGHTS
XXI LIVESTOCK
XXII STATE BOUNDARIES
XXIII COUNTY ORGANIZATION
XXIV APPORTIONMENT
XXV AMENDMENTS
XXVI SCHEDULE AND ORDINANCE
PREAMBLE
We, the people of the State of Idaho,
grateful to Almighty God for our freedom,
to secure its blessings and promote
our common welfare do establish
this Constitution.
ARTICLE I
DECLARATION OF RIGHTS
SECTION 1. INALIENABLE RIGHTS OF MAN. All men are by nature free and
equal, and have certain inalienable rights, among which are enjoying and
defending life and liberty; acquiring, possessing and protecting
property; pursuing happiness and securing safety.
SECTION 2. POLITICAL POWER INHERENT IN THE PEOPLE. All political power
is inherent in the people. Government is instituted for their equal
protection and benefit, and they have the right to alter, reform or
abolish the same whenever they may deem it necessary; and no special
privileges or immunities shall ever be granted that may not be altered,
revoked, or repealed by the legislature.
SECTION 3. STATE INSEPARABLE PART OF UNION. The state of Idaho is an inseparable part
of the American Union, and the Constitution of the United States is the
supreme law of the land.
SECTION 4. GUARANTY OF RELIGIOUS LIBERTY. The exercise and enjoyment of
religious faith and worship shall forever be guaranteed; and no person
shall be denied any civil or political right, privilege, or capacity on
account of his religious opinions; but the liberty of conscience hereby
secured shall not be construed to dispense with oaths or affirmations,
or excuse acts of licentiousness or justify polygamous or other
pernicious practices, inconsistent with morality or the peace or safety
of the state; nor to permit any person, organization, or association to
directly or indirectly aid or abet, counsel or advise any person to
commit the crime of bigamy or polygamy, or any other crime. No person
shall be required to attend or support any ministry or place of worship,
religious sect or denomination, or pay tithes against his consent; nor
shall any preference be given by law to any religious denomination or
mode of worship. Bigamy and polygamy are forever prohibited in the
state, and the legislature shall provide by law for the punishment of
such crimes.
SECTION 5. RIGHT OF HABEAS CORPUS. The privilege of the writ of habeas
corpus shall not be suspended, unless in case of rebellion or invasion,
the public safety requires it, and then only in such manner as shall be
prescribed by law.
SECTION 6. RIGHT TO BAIL — CRUEL AND UNUSUAL PUNISHMENTS PROHIBITED.
All persons shall be bailable by sufficient sureties, except for capital
offenses, where the proof is evident or the presumption great. Excessive
bail shall not be required, nor excess fines imposed, nor cruel and
unusual punishments inflicted.
SECTION 7. RIGHT TO TRIAL BY JURY. The right of trial by jury shall
remain inviolate; but in civil actions, three-fourths of the jury may
render a verdict, and the legislature may provide that in all cases of
misdemeanors five-sixths of the jury may render a verdict. A trial by
jury may be waived in all criminal cases, by the consent of all parties,
expressed in open court, and in civil actions by the consent of the
parties, signified in such manner as may be prescribed by law. In civil
actions the jury may consist of twelve or of any number less than twelve
upon which the parties may agree in open court. Provided, that in cases
of misdemeanor and in civil actions within the jurisdiction of any court
inferior to the district court, whether such case or action be tried in
such inferior court or in district court, the jury shall consist of not
more than six.
SECTION 8. PROSECUTIONS
ONLY BY INDICTMENT OR INFORMATION. No person shall be held to answer for
any felony or criminal offense of any grade, unless on presentment or
indictment of a grand jury or on information of the public prosecutor,
after a commitment by a magistrate, except in cases of impeachment, in
cases cognizable by probate courts or by justices of the peace, and in
cases arising in the militia when in actual service in time of war or
public danger; provided, that a grand jury may be summoned upon the
order of the district court in the manner provided by law, and provided
further, that after a charge has been ignored by a grand jury, no person
shall be held to answer, or for trial therefor, upon information of
public prosecutor.
SECTION 9. FREEDOM OF
SPEECH. Every person may freely speak, write and publish on all
subjects, being responsible for the abuse of that liberty.
SECTION 10. RIGHT OF
ASSEMBLY. The people shall have the right to assemble in a peaceable
manner, to consult for their common good; to instruct their
representatives, and to petition the legislature for the redress of
grievances.
SECTION 11. RIGHT TO KEEP
AND BEAR ARMS. The people have the right to keep and bear arms, which
right shall not be abridged; but this provision shall not prevent the
passage of laws to govern the carrying of weapons concealed on the
person nor prevent passage of legislation providing minimum sentences
for crimes committed while in possession of a firearm, nor prevent the
passage of legislation providing penalties for the possession of
firearms by a convicted felon, nor prevent the passage of any
legislation punishing the use of a firearm. No law shall impose
licensure, registration or special taxation on the ownership or
possession of firearms or ammunition. Nor shall any law permit the
confiscation of firearms, except those actually used in the commission
of a felony.
SECTION 12. MILITARY
SUBORDINATE TO CIVIL POWER. The military shall be subordinate to the
civil power; and no soldier in time of peace shall be quartered in any
house without the consent of its owner, nor in time of war except in the
manner prescribed by law.
SECTION 13. GUARANTIES IN
CRIMINAL ACTIONS AND DUE PROCESS OF LAW. In all criminal prosecutions,
the party accused shall have the right to a speedy and public trial; to
have the process of the court to compel the attendance of witnesses in
his behalf, and to appear and defend in person and with counsel.
No person shall be twice
put in jeopardy for the same offense; nor be compelled in any criminal
case to be a witness against himself; nor be deprived of life, liberty
or property without due process of law.
SECTION 14. RIGHT OF
EMINENT DOMAIN. The necessary use of lands for the construction of
reservoirs or storage basins, for the purpose of irrigation, or for
rights of way for the construction of canals, ditches, flumes or pipes,
to convey water to the place of use for any useful, beneficial or
necessary purpose, or for drainage; or for the drainage of mines, or the
working thereof, by means of roads, railroads, tramways, cuts, tunnels,
shafts, hoisting works, dumps, or other necessary means to their
complete development, or any other use necessary to the complete
development of the material resources of the state, or the preservation
of the health of its inhabitants, is hereby declared to be a public use,
and subject to the regulation and control of the state.
Private property may be
taken for public use, but not until a just compensation, to be
ascertained in the manner prescribed by law, shall be paid therefor.
SECTION 15. IMPRISONMENT
FOR DEBT PROHIBITED. There shall be no imprisonment for debt in this
state except in cases of fraud.
SECTION 16. BILLS OF
ATTAINDER, ETC., PROHIBITED. No bill of attainder, ex post facto law, or
law impairing the obligation of contracts shall ever be passed.
SECTION 17. UNREASONABLE
SEARCHES AND SEIZURES PROHIBITED. The right of the people to be secure
in their persons, houses, papers and effects against unreasonable
searches and seizures shall not be violated; and no warrant shall issue
without probable cause shown by affidavit, particularly describing the
place to be searched and the person or thing to be seized.
SECTION 18. JUSTICE TO BE
FREELY AND SPEEDILY ADMINISTERED. Courts of justice shall be open to
every person, and a speedy remedy afforded for every injury of person,
property or character, and right and justice shall be administered
without sale, denial, delay, or prejudice.
SECTION 19. RIGHT OF
SUFFRAGE GUARANTIED. No power, civil or military, shall at any time
interfere with or prevent the free and lawful exercise of the right of
suffrage.
SECTION 20. NO PROPERTY
QUALIFICATION REQUIRED OF ELECTORS — EXCEPTIONS. No property
qualifications shall ever be required for any person to vote or hold
office except in school elections, or elections creating indebtedness,
or in irrigation district elections, as to which last-named elections
the legislature may restrict the voters to land owners.
SECTION 21. RESERVED
RIGHTS NOT IMPAIRED. This enumeration of rights shall not be construed
to impair or deny other rights retained by the people.
SECTION 22. RIGHTS OF
CRIME VICTIMS. A crime victim, as defined by statute, has the following
rights:
(1) To be treated with
fairness, respect, dignity and privacy throughout the criminal justice
process.
(2) To timely disposition
of the case.
(3) To prior notification
of trial court, appellate and parole proceedings and, upon request, to
information about the sentence, incarceration and release of the
defendant.
(4) To be present at all
criminal justice proceedings.
(5) To communicate with
the prosecution.
(6) To be heard, upon
request, at all criminal justice proceedings considering a plea of
guilty, sentencing, incarceration or release of the defendant, unless
manifest injustice would result.
(7) To restitution, as
provided by law, from the person committing the offense that caused the
victim's loss.
(8) To refuse and
interview, ex parte contact, or other request by the defendant, or any
other person acting on behalf of the defendant, unless such request is
authorized by law.
(9) To read presentence
reports relating to the crime.
(10) To the same rights
in juvenile proceedings, where the offense is a felony if commited by an
adult, as guaranteed in this section, provided that access to the social
history report shall be determined by statute.
Nothing in this section
shall be construed to authorize a court to dismiss a case, to set aside
or void a finding of guilt or an acceptance of a plea of guilty, or to
obtain appellate, habeas corpus, or other relief from any criminal
judgment, for a violation of the provisions of this section; nor be
construed as creating a cause of action for money damages, costs or
attorney fees against the state, a county, a municipality, any agency,
instrumentality or person; nor be construed as limiting any rights for
victims previously conferred by statute. This section shall be
self-enacting. The legislature shall have the power to enact laws to
define, implement, preserve, and expand the rights guaranteed to victims
in the provisions of this section.
ARTICLE II
DISTRIBUTION OF POWERS
SECTION 1. DEPARTMENTS OF
GOVERNMENT. The powers of the government of this state are divided into
three distinct departments, the legislative, executive and judicial; and
no person or collection of persons charged with the exercise of powers
properly belonging to one of these departments shall exercise any powers
properly belonging to either of the others, except as in this
constitution expressly directed or permitted.
ARTICLE III
LEGISLATIVE DEPARTMENT
SECTION 1. LEGISLATIVE
POWER — ENACTING CLAUSE — REFERENDUM — INITIATIVE. The legislative power
of the state shall be vested in a senate and house of representatives.
The enacting clause of every bill shall be as follows: “Be it enacted by
the Legislature of the State of Idaho.”
The people reserve to
themselves the power to approve or reject at the polls any act or
measure passed by the legislature. This power is known as the
referendum, and legal voters may, under such conditions and in such
manner as may be provided by acts of the legislature, demand a
referendum vote on any act or measure passed by the legislature and
cause the same to be submitted to a vote of the people for their
approval or rejection.
The people reserve to
themselves the power to propose laws, and enact the same at the polls
independent of the legislature. This power is known as the initiative,
and legal voters may, under such conditions and in such manner as may be
provided by acts of the legislature, initiate any desired
legislation and cause the same to be submitted to the vote of the people
at a general election for their approval or rejection.
SECTION 2. MEMBERSHIP OF
HOUSE AND SENATE. (1) Following the decennial census of 1990 and in each
legislature thereafter, the senate shall consist of not less than thirty
nor more than thirty-five members. The legislature may fix the number of
members of the house of representatives at not more than two times as
many representatives as there are senators. The senators and
representatives shall be chosen by the electors of the respective
counties or districts into which the state may, from time to time, be
divided by law.
(2) Whenever there is
reason to reapportion the legislature or to provide for new
congressional district boundaries in the state, or both, because of a
new federal census or because of a decision of a court of competent
jurisdiction, a commission for reapportionment shall be formed on order
of the secretary of state. The commission shall be composed of six
members. The leaders of the two largest political parties of each house
of the legislature shall each designate one member and the state
chairmen of the two largest political parties, determined by the vote
cast for governor in the last gubernatorial election, shall each
designate one member. In the event any appointing authority does not
select the members within fifteen calendar days following the secretary
of state's order to form the commission, such members shall be appointed
by the Supreme Court. No member of the commission may be an elected or
appointed official in the state of Idaho at the time of designation or
selection.
(3) The legislature shall
enact laws providing for the implementation of the provisions of this
section, including terms of commission members, the method of filling
vacancies on the commission, additional qualifications for commissioners
and additional standards to govern the commission. The legislature
shall appropriate funds to enable the commission to carry out its
duties.
(4) Within ninety days
after the commission has been organized or the necessary census data are
available, whichever is later, the commission shall file a proposed plan
for apportioning the senate and house of representatives of the
legislature with the office of the secretary of state. At the same
time, and with the same effect, the commission shall prepare and file a
plan for congressional districts. Any final action of the commission on
a proposed plan shall be approved by a vote of two-thirds of the members
of the commission. All deliberations of the commission shall be open to
the public.
(5) The legislative
districts created by the commission shall be in effect for all elections
held after the plan is filed and until a new plan is required and filed,
unless amended by court order. The Supreme Court shall have original
jurisdiction over actions involving challenges to legislative
apportionment.
(6) A member of the
commission shall be precluded from serving in either house of the
legislature for five years following such member's service on the
commission.
SECTION 3. TERM OF
OFFICE. The senators and representatives shall be elected for the term
of two (2) years, from and after the first day of December next
following the general election.
SECTION 4. APPORTIONMENT
OF LEGISLATURE. The members of the legislature following the decennial
census of 1990 and each legislature thereafter shall be apportioned to
not less than thirty nor more than thirty-five legislative districts of
the stat e as may be provided by law.
SECTION 5. SENATORIAL AND
REPRESENTATIVE DISTRICTS. A senatorial or representative district, when
more than one county shall constitute the same, shall be composed of
contiguous counties, and a county may be divided in creating districts
only to the extent it is reasonably determined by statute that counties
must be divided to create senatorial and representative districts which
comply with the constitution of the United States. A county may be
divided into more than one legislative district when districts are
wholly contained within a single county. No floterial district shall be
created. Multi-member districts may be created in any district composed
of more than one county only to the extent that two representatives may
be elected from a district from which one senator is elected. The
provisions of this section shall apply to any apportionment adopted
following the 1990 decennial census.
SECTION 6. QUALIFICATIONS
OF MEMBERS. No person shall be a senator or representative who, at the
time of his election, is not a citizen of the United States, and an
elector of this state, nor anyone who has not been for one year next
preceding his election an elector of the county or district whence he
may be chosen.
SECTION 7. PRIVILEGE FROM
ARREST. Senators and representatives in all cases, except for treason,
felony, or breach of the peace, shall be privileged from arrest during
the session of the legislature, and in going to and returning from the
same, and shall not be liable to any civil process during the session of
the legislature, nor during the ten days next before the commencement
thereof; nor shall a member, for words uttered in debate in either
house, be questioned in any other place.
SECTION 8. SESSIONS OF
LEGISLATURE. The sessions of the legislature shall be held annually at
the capital of the state, commencing on the second Monday of January of
each year, unless a different day shall have been appointed by law, and
at other times when convened by the governor.
SECTION 9. POWERS OF EACH
HOUSE. Each house when assembled shall choose its own officers; judge of
the election, qualifications and returns of its own members, determine
its own rules of proceeding, and sit upon its own adjournments; but
neither house shall, without the concurrence of the other, adjourn for
more than three (3) days, nor to any other place than that in which it
may be sitting.
SECTION 10. QUORUM,
ADJOURNMENTS AND ORGANIZATION. A majority of each house shall constitute
a quorum to do business; but a smaller number may adjourn from day to
day, and may compel the attendance of absent members in such manner and
under such penalties as such house may provide. A quorum being in
attendance, if either house fail to effect an organization within the
first four (4) days thereafter, the members of the house so failing
shall be entitled to no compensation from the end of the said four (4)
days until an organization shall have been effected.
SECTION 11. EXPULSION OF
MEMBERS. Each house may, for good cause shown, with the concurrence of
two-thirds (2/3) of all the members, expel a member.
SECTION 12. SECRET
SESSIONS PROHIBITED. The business of each house, and of the committee of
the whole shall be transacted openly and not in secret session.
SECTION 13. JOURNAL. Each
house shall keep a journal of its proceedings; and the yeas and nays of
the members of either house on any question shall at the request of any
three (3) members present, be entered on the journal.
SECTION 14. ORIGIN AND
AMENDMENT OF BILLS. Bills may originate in either house, but may be
amended or rejected in the other, except that bills for raising revenue
shall originate in the house of representatives.
SECTION 15. MANNER OF
PASSING BILLS. No law shall be passed except by bill, nor shall any bill
be put upon its final passage until the same, with the amendments
thereto, shall have been printed for the use of the members; nor shall
any bill become a law unless the same shall have been read on three
several days in each house previous to the final vote thereon: provided,
in case of urgency, two-thirds (2/3) of the house where such bill may be
pending may, upon a vote of the yeas and nays, dispense with this
provision. On the final passage of all bills, they shall be read at
length, section by section, and the vote shall be by yeas and nays upon
each bill separately, and shall be entered upon the journal; and no bill
shall become a law without the concurrence of a majority of the members
present.
SECTION 16. UNITY OF
SUBJECT AND TITLE. Every act shall embrace but one subject and matters
properly connected therewith, which subject shall be expressed in the
title; but if any subject shall be embraced in an act which shall not be
expressed in the title, such act shall be void only as to so much
thereof as shall not be embraced in the title.
SECTION 17. TECHNICAL
TERMS TO BE AVOIDED. Every act or joint resolution shall be plainly
worded, avoiding as far as practicable the use of technical terms.
SECTION 18. AMENDMENTS TO
BE PUBLISHED IN FULL. No act shall be revised or amended by mere
reference to its title, but the section as amended shall be set forth
and published at full length.
SECTION 19. LOCAL AND
SPECIAL LAWS PROHIBITED. The legislature shall not pass local or special
laws in any of the following enumerated cases, that is to say:
Regulating the
jurisdiction and duties of justices of the peace and constables.
For the punishment of
crimes and misdemeanors.
Regulating the practice
of the courts of justice.
Providing for a change of
venue in civil or criminal actions.
Granting divorces.
Changing the names of
persons or places.
Authorizing the laying
out, opening, altering, maintaining, working on, or vacating roads,
highways, streets, alleys, town plats, parks, cemeteries, or any public
grounds not owned by the state.
Summoning and impaneling
grand and trial juries, and providing for their compensation.
Regulating county and
township business, or the election of county and
township officers.
For the assessment and
collection of taxes.
Providing for and
conducting elections, or designating the place of voting.
Affecting estates of
deceased persons, minors, or other persons under legal disabilities.
Extending the time for
collection of taxes.
Giving effect to invalid
deeds, leases or other instruments.
Refunding money paid into
the state treasury.
Releasing or
extinguishing, in whole or in part, the indebtedness, liability or
obligation of any person or corporation in this state, or any municipal
corporation therein.
Declaring any person of
age, or authorizing any minor to sell, lease or incumber his or her
property.
Legalizing as against the
state the unauthorized or invalid act of any officer.
Exempting property from
taxation.
Changing county seats,
unless the law authorizing the change shall require that two-thirds
(2/3) of the legal votes cast at a general or special election shall
designate the place to which the county seat shall be changed; provided,
that the power to pass a special law shall cease as long as the
legislature shall provide for such change by general law; provided
further, that no special law shall be passed for any one county oftener
than once in six (6) years.
Restoring to citizenship
persons convicted of infamous crimes.
Regulating the interest on
money.
Authorizing the creation,
extension or impairing of liens.
Chartering or licensing
ferries, bridges or roads.
Remitting fines, penalties
or forfeitures.
Providing for the
management of common schools.
Creating offices or
prescribing the powers and duties of officers in counties, cities,
townships, election districts, or school districts, except as in this
constitution otherwise provided.
Changing the law of
descent or succession.
Authorizing the adoption
or legitimization of children.
For limitation of civil or
criminal actions.
Creating any corporation.
Creating, increasing or
decreasing fees, percentages, or allowances of public officers during
the term for which said officers are elected or appointed.
SECTION 20. GAMBLING
PROHIBITED. (1) Gambling is contrary to public policy and is strictly
prohibited except for the following:
a. A state lottery which is
authorized by the state if conducted in conformity with enabling
legislation; and
b. Pari-mutuel betting if
conducted in conformity with enabling legislation; and
c. Bingo and raffle games that
are operated by qualified charitable organizations in the pursuit of
charitable purposes if conducted in conformity with enabling
legislation.
(2) No activities
permitted by subsection (1) shall employ any form of casino gambling
including, but not limited to, blackjack, craps, roulette, poker,
bacarrat, keno and slot machines, or employ any electronic or
electromechanical imitation or simulation of any form of casino
gambling.
(3) The legislature shall
provide by law penalties for violation of this section.
(4) Nowithstanding the
foregoing, the following are not gambling and are not prohibited by this
section:
a. Merchant promotional
contests and drawings conducted incidentally to bona fide nongaming
business operations, if prizes are awarded without consideration being
charged to participants; and
b. Games that award only
additional play.
SECTION 21. SIGNATURE OF
BILL AND RESOLUTIONS. All bills or joint resolutions passed shall be
signed by the presiding officers of the respective houses.
SECTION 22. WHEN ACTS
TAKE EFFECT. No act shall take effect until sixty days from the end of
the session at which the same shall have been passed, except in case of
emergency, which emergency shall be declared in the preamble or in the
body of the law.
SECTION 23. COMPENSATION
OF MEMBERS. The legislature shall have no authority to establish the
rate of its compensation and expense by law. There is hereby authorized
the creation of the citizens committee on legislative compensation,
which shall consist of six members, three to be appointed by the
governor and three to be appointed by the supreme court, whose terms
of office and qualifications shall be as provided by law. Members of the
committee shall be citizens of the state of Idaho other than public
officials holding an office to which compensation is attached. The
committee shall, on or before the last day of November of each
even-numbered year, establish the rate of compensation and expenses for
services to be rendered by members of the legislature during the
two-year period commencing on the first day of December of such year.
The compensation and expenses so established shall, on or before such
date, be filed with the secretary of state and the state controller. The
rates thus established shall be the rates applicable for the two-year
period specified unless prior to the twenty-fifth legislative day of the
next regular session, by concurrent resolution, the senate and house of
representatives shall reject or reduce such rates of compensation and
expenses. In the event of rejection, the rates prevailing at the time of
the previous session, shall remain in effect.
The officers of the
legislature, including committee chairmen, may, by virtue of the office,
receive additional compensation as may be provided by the committee. No
change in the rate of compensation shall be made which applies to the
legislature then in office except as provided herein.
When convened in extra
session by the governor, no such session shall continue for a period
longer than twenty days.
SECTION 24. PROMOTION OF
TEMPERANCE AND MORALITY. The first concern of all good government is the
virtue and sobriety of the people, and the purity of the home. The
legislature should further all wise and well directed efforts for the
promotion of temperance and morality.
SECTION 25. OATH OF
OFFICE. The members of the legislature shall, before they enter upon the
duties of their respective offices, take or subscribe the following oath
or affirmation: “I do solemnly swear (or affirm, as the case may be)
that I will support the constitution of the United States and the
constitution of the state of Idaho, and that I will faithfully discharge
the duties of senator (or representative, as the case may be) according
to the best of my ability.” And such oath may be administered by the
governor, secretary of state, or judge of the Supreme Court, or
presiding officer of either house.
SECTION 26. POWER AND
AUTHORITY OVER INTOXICATING LIQUORS. From and after the thirty-first day
of December in the year 1934, the legislature of the state of Idaho
shall have full power and authority to permit, control and regulate or
prohibit the manufacture, sale, keeping for sale, and transportation for
sale, of intoxicating liquors for beverage purposes.
SECTION 27. CONTINUITY OF
STATE AND LOCAL GOVERNMENTAL OPERATIONS. 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 in
periods of emergency resulting from the imminent threat of such
disasters, shall have the power and the immediate duty (1) 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, and (2) to adopt such other
measures as may be necessary and proper for so 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.
ARTICLE IV
EXECUTIVE DEPARTMENT
SECTION 1. EXECUTIVE
OFFICERS LISTED — TERM OF OFFICE — PLACE OF RESIDENCE — DUTIES. The
executive department shall consist of a governor, lieutenant governor,
secretary of state, state controller, state treasurer, attorney general
and superintendent of public instruction, each of whom shall hold his
office for four years beginning on the first Monday in January next
after his election, commencing with those elected in the year 1946,
except as otherwise provided in this Constitution. The officers of the
executive department shall, during their terms of office, reside within
the state. Their official office shall be located in the county where
the seat of government is located, there they shall keep the public
records, books and papers. They shall perform such duties as are
prescribed by this Constitution and as may be prescribed by law,
provided that the state controller shall not perform any post-audit
functions.
SECTION 2. ELECTION OF
OFFICERS. The officers named in section 1 of this article shall be
elected by the qualified electors of the state at the time and places of
voting for members of the legislature, and the persons, respectively,
having the highest number of votes for the office voted for shall be
elected; but if two (2) or more shall have an equal and the highest
number of votes for any one (1) of said offices, the two (2) houses of
the legislature at its next regular session, shall forthwith, by joint
ballot, elect one (1) of such persons for said office. The returns of
election for the officers named in section 1 shall be made in such
manner as may be prescribed by law, and all contested elections of the
same, other than provided for in this section, shall be determined as
may be prescribed by law.
SECTION 3. QUALIFICATIONS
OF OFFICERS. No person shall be eligible to the office of governor or
lieutenant governor unless he shall have attained the age of thirty
years at the time of his election; nor to the office of secretary of
state, state controller, or state treasurer, unless he shall have
attained the age of twenty-five years; nor to the office of attorney
general unless he shall have attained the age of thirty years, and have
been admitted to practice in the Supreme Court of the state or territory
of Idaho, and be in good standing at the time of his election. In
addition to the qualifications above described each of the officers
named shall be a citizen of the United States and shall have resided
within the state or territory two years next preceding his election.
SECTION 4. GOVERNOR IS
COMMANDER OF MILITIA. The governor shall be commander-in-chief of the
military forces of the state, except when they shall be called into
actual service of the United States. He shall have power to call out the
militia to execute the laws, to suppress insurrection, or to repel
invasion.
SECTION 5. SUPREME
EXECUTIVE POWER VESTED IN GOVERNOR. The supreme executive power of the
state is vested in the governor, who shall see that the laws are
faithfully executed.
SECTION 6. GOVERNOR TO
APPOINT OFFICERS. The governor shall nominate and, by and with the
consent of the senate, appoint all officers whose offices are
established by this constitution, or which may be created by law, and
whose appointment or election is not otherwise provided for. If during
the recess of the senate, a vacancy occurs in any state or district
office, the governor shall appoint some fit person to discharge the
duties thereof until the next meeting of the senate, when he shall
nominate some person to fill such office. If the office of a justice of
the supreme or district court, secretary of state, state controller,
state treasurer, attorney general, or superintendent of public
instruction shall be vacated by death, resignation or otherwise, it
shall be the duty of the governor to fill the same by appointment, as
provided by law, and the appointee shall hold his office until his
successor shall be selected and qualified in such manner as may be
provided by law.
SECTION 7. THE PARDONING
POWER. Such board as may hereafter be created or provided by legislative
enactment shall constitute a board to be known as the board of pardons.
Said board, or a majority thereof, shall have power to remit fines and
forfeitures, and, only as provided by statute, to grant commutations and
pardons after conviction of a judgment, either absolutely or upon such
conditions as they may impose in all cases of offenses against the state
except treason or conviction on impeachment. The legislature shall by
law prescribe the sessions of said board and the manner in which
application shall be made, and regulated proceedings thereon, but no
fine or forfeiture shall be remitted, and no commutation or pardon
granted, except by the decision of a majority of said board, after a
full hearing in open session, and until previous notice of the time and
place of such hearing and the release applied for shall have been given
by publication in some newspaper of general circulation at least once a
week for four weeks. The proceedings and decision of the board shall be
reduced to writing and with their reasons for their action in each case,
and the dissent of any member who may disagree, signed by him, and
filed, with all papers used upon the hearing, in the office of the
secretary of state.
The governor shall have
power to grant respites or reprieves in all cases of convictions for
offenses against the state, except treason or conviction on impeachment,
but such respites or reprievies [reprieves] shall not extend beyond the
next session of the board of pardons; and such board shall at such
session continue or determine such respite or reprieve, or they may
commute or pardon the offense, as herein provided. In cases of
conviction for treason the governor shall have the power to suspend the
execution of the sentence until the case shall be reported to the
legislature at its next regular session, when the legislature shall
either pardon or commute the sentence, direct its execution, or grant a
further reprieve.
SECTION 8. GOVERNOR MAY
REQUIRE REPORTS — MESSAGES TO LEGISLATURE. The governor may require
information in writing from the officers of the executive department
upon any subject relating to the duties of their respective offices,
which information shall be given upon oath whenever so required; he may
also require information in writing, at any time under oath, from all
offices and managers of state institutions, upon any subject relating to
the condition, management and expenses of their respective offices and
institutions, and may, at any time he deems it necessary, appoint a
committee to investigate and report to him upon the condition of any
executive office or state institution. The governor shall at the
commencement of each session, and from time to time, by message, give to
the legislature information of the condition of the state, and
shall recommend such measures as he shall deem expedient. He shall also
send to the legislature a statement, with vouchers, of the expenditures
of all moneys belonging to the state and paid out by him. He shall also,
at the commencement of each session, present estimates of the amount of
money required to be raised by
taxation for all purposes of the state.
SECTION 9. EXTRA SESSIONS
OF LEGISLATURE. The governor may, on extraordinary occasions, convene
the legislature by proclamation, stating the purposes for which he has
convened it; but when so convened it shall have no power to legislate on
any subjects other than those specified in the proclamation; but may
provide for the expenses of the session and other matters incidental
thereto. He may also, by proclamation, convene the senate in
extraordinary session for the transaction of executive business.
SECTION 10. VETO POWER.
Every bill passed by the legislature shall, before it becomes a law, be
presented to the governor. If he approve, he shall sign it, and
thereupon it shall become a law; but if he do not approve, he shall
return it with his objections to the house in which it originated, which
house shall enter the objections at large upon its journals and proceed
to reconsider the bill. If then two-thirds (2/3) of the members present
agree to pass the same, 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 (2/3) of the members present in that house, it
shall become a law, notwithstanding the objections of the governor. In
all such cases the vote of each house shall be determined by yeas and
nays, to be entered on the journal. Any bill which shall not be returned
by the governor to the legislature within five (5) days (Sundays
excepted) after it shall have been presented to him, shall become a law
in like manner as if he had signed it, unless the legislature shall, by
adjournment, prevent its return, in which case it shall be filed, with
his objections, in the office of the secretary of state within ten (10)
days after such adjournment (Sundays excepted) or become a law.
SECTION 11. DISAPPROVAL
OF APPROPRIATION BILLS. The governor shall have power to disapprove of
any item or items of any bill making appropriations of money embracing
distinct items, and the part or parts approved shall become a law and
the item or items disapproved shall be void, unless enacted in the
manner following: If the legislature be in session, he shall within five
(5) days transmit to the house within which the bill originated a copy
of the item or items thereof disapproved, together with his objections
thereto, and the items objected to shall be separately reconsidered, and
each item shall then take the same course as is prescribed for the
passage of bills over the executive veto.
SECTION 12. LIEUTENANT
GOVERNOR TO ACT AS GOVERNOR. In case of the failure to qualify, the
impeachment, or conviction of treason, felony, or other infamous crime
of the governor, or his death, removal from office, resignation, absence
from the state, or inability to discharge the powers and duties of his
office, the powers, duties and emoluments of the office for the residue
of the term, or until the disability shall cease, shall devolve upon the
lieutenant governor.
SECTION 13. LIEUTENANT
GOVERNOR IS PRESIDENT OF SENATE. The lieutenant governor shall be
president of the senate, but shall vote only when the senate is equally
divided. In case of the absence or disqualification of the lieutenant
governor from any cause which applies to the governor, or when he shall
hold the office of governor, then the president pro tempore of the
senate shall perform the duties of the lieutenant governor until the
vacancy is filled or the disability removed.
SECTION 14. PRESIDENT PRO
TEMPORE TO ACT AS GOVERNOR. In case of the failure to qualify in his
office, death, resignation, absence from the state, impeachment,
conviction of treason, felony or other infamous crime, or
disqualification from any cause, of both governor and lieutenant
governor, the duties of the governor shall devolve upon the president of
the senate pro tempore, until such disqualification of either the
governor or lieutenant governor be removed, or the vacancy filled; and
if the president of the senate, for any of the above named causes, shall
become incapable of performing the duties of governor, the same shall
devolve upon the speaker of the house.
SECTION 15. GREAT SEAL OF
THE STATE. There shall be a seal of this state, which shall be kept by
the secretary of state and used by him officially, and shall be called
“The great seal of the state of Idaho.” The seal of the territory of
Idaho, as now used, shall be the seal of the state until otherwise provided by
law.
SECTION 16. GRANTS AND
PERMISSIONS. All grants and permissions shall be in the name and by the
authority of the state of Idaho, sealed with the great seal of the
state, signed by the governor, and countersigned by the secretary of
state.
SECTION 17. ACCOUNTS AND
REPORTS OF OFFICERS. An account shall be kept by the officers of the
executive department and of all public institutions of the state of all
moneys received by them severally, from all sources, and for every
service performed, and of all moneys disbursed by them severally, and a
semi-annual report thereof shall be made to the governor, under oath;
they shall also, at least twenty days preceding each regular session of
the legislature, make full and complete reports of their official
transactions to the governor, who shall transmit the same to the
legislature.
SECTION 18. BOARD OF
EXAMINERS. The governor, secretary of state, and attorney-general shall
constitute a board of examiners, with power to examine all claims
against the state, except salaries or compensation of officers fixed by
law, and perform such other duties as may be prescribed by law:
provided, that in the administration of moneys in cooperation with the
federal government the legislature may prescribe any method of
disbursement required to obtain the benefits of federal laws. And no
claim against the state, except salaries and compensation of officers
fixed by law, shall be passed upon by the legislature without first
having been considered and acted upon by said board.
SECTION 19. SALARIES AND
FEES OF OFFICERS. [Repealed]
SECTION 20. DEPARTMENTS
LIMITED. All executive and administrative officers, agencies, and
instrumentalities of the executive department of the state and their
respective functions, powers, and duties, except for the office of
governor, lieutenant governor, secretary of state, state controller,
state treasurer, attorney general and superintendent of public
instruction, shall be allocated by law among and within not more than
twenty departments by no later than January 1, 1975. Subsequently, all
new powers or functions shall be assigned to departments, divisions,
sections or units in such a manner as will tend to provide an orderly
arrangement in the administrative organization of state government.
Temporary agencies may be established by law and need not be allocated
within a department; however, such temporary agencies may not exist for
longer than two years.
ARTICLE V
JUDICIAL DEPARTMENT
SECTION 1. FORMS OF
ACTION ABOLISHED. The distinctions between actions at law and suits in
equity, and the forms of all such actions and suits, are hereby
prohibited; and there shall be in this state but one form of action for
the enforcement or protection of private rights or the redress of
private wrongs, which shall be denominated a civil action; and every
action prosecuted by the people of the state as a party, against a
person charged with a public offense, for the punishment of the same,
shall be termed a criminal action.
Feigned issues are
prohibited, and the fact at issue shall be tried by order of court
before a jury.
SECTION 2. JUDICIAL POWER
— WHERE VESTED. The judicial power of the state shall be vested in a
court for the trial of impeachments, a Supreme Court, district courts,
and such other courts inferior to the Supreme Court as established by
the legislature. The courts shall constitute a unified and integrated
judicial system for administration and supervision by the Supreme Court.
The jurisdiction of such inferior courts shall be as prescribed by the
legislature. Until provided by law, no changes shall be made in the
jurisdiction or in the manner of the selection of judges of existing
inferior courts.
SECTION 3. IMPEACHMENTS —
WHERE AND HOW TRIED. The court for the trial of impeachments shall be
the senate. A majority of the members elected shall be necessary to a
quorum, and the judgment shall not extend beyond removal from, and
disqualification to hold office in this state; but the party shall be
liable to indictment and punishment according to law.
SECTION 4. IMPEACHMENTS —
WHERE AND HOW TRIED — CONVICTION — IMPEACHMENT OF GOVERNOR. The house of
representatives solely shall have the power of impeachment. No person
shall be convicted without the concurrence of two-thirds (2/3) of the
senators elected. When the governor is impeached, the chief justice
shall preside.
SECTION 5. TREASON
DEFINED AND LIMITED. Treason against the state shall consist only in
levying war against it, or 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 on confession in open court.
No conviction of treason or attainder shall work corruption of blood or
forfeiture of estate.
SECTION 6. SUPREME COURT
— NUMBER OF JUSTICES — TERM OF OFFICE — CALLING OF DISTRICT JUDGE TO SIT
WITH COURT. The Supreme Court shall consist of five justices, a majority
of whom shall be necessary to make a quorum or pronounce a decision. If
a justice of the Supreme Court shall be disqualified from sitting in a
cause before said court, or be unable to sit therein, by reason of
illness or absence, the said court may call a district judge to sit in
said court on the hearing of such cause.
The justices of the
Supreme Court shall be elected by the electors of the state at large.
The terms of office of the justices of the Supreme Court, except as in
this article otherwise provided, shall be six years.
The justices of the
Supreme Court shall, immediately after the first election under this
constitution, be selected by lot, so that one shall hold his office for
the term of two years, one for the term of four years, and one for the
term of six years. The lots shall be drawn by the justices of the
Supreme Court, who shall, for that purpose, assemble at the seat of
government, and they shall cause the result thereof to be certified to
by the secretary of state and filed in his office.
The chief justice shall be
selected from among the justices of the Supreme Court by a majority vote
of the justices. His term of office shall be four years. When a vacancy
in the office of chief justice occurs, a chief justice shall be selected
for a full four year term. The chief justice shall be the executive head
of the judicial system.
SECTION 7. JUSTICES
PROHIBITED FROM HOLDING OTHER OFFICES. No justice of the Supreme Court
shall be eligible to any other office of trust or profit under the laws
of this state during the term for which he was elected.
SECTION 8. TERMS OF
SUPREME COURT. At least four (4) terms of the Supreme Court shall be
held annually; two (2) terms at the seat of state government, and two
(2) terms at the city of Lewiston, in Nez Perce county. In case of
epidemic, pestilence, or destruction of court houses, the justices may
hold the terms of the Supreme Court provided by this section at other
convenient places, to be fixed by a majority of said justices. After six
(6) years the legislature may alter the provisions of this section.
SECTION 9. ORIGINAL AND
APPELLATE JURISDICTION OF SUPREME COURT. The Supreme Court shall have
jurisdiction to review, upon appeal, any decision of the district
courts, or the judges thereof, any order of the public utilities
commission, any order of the industrial accident board, and any plan
proposed by the commission for reapportionment created pursuant to
section 2, article III; the legislature may provide conditions of
appeal, scope of appeal, and procedure on appeal from orders of the
public utilities commission, of the industrial accident board. On appeal
from orders of the industrial accident board the court shall be limited
to a review of questions of law. The Supreme Court shall also have
original jurisdiction to issue writs of mandamus, certiorari,
prohibition, and habeas corpus, and all writs necessary or proper to the
complete exercise of its appellate jurisdiction.
SECTION 10. JURISDICTION
OVER CLAIMS AGAINST THE STATE. The Supreme Court shall have original
jurisdiction to hear claims against the state, but its decision shall be
merely recommendatory; no process in the nature of execution shall issue
thereon; they shall be reported to the next session of the legislature
for its action.
SECTION 11. DISTRICT
COURTS — JUDGES AND TERMS. The state shall be divided into five (5)
judicial districts, for each of which a judge shall be chosen by the
qualified electors thereof, whose term of office shall be four (4)
years. And there shall be held a district court in each county, at least
twice in each year, to continue for such time in each county as may be
prescribed by law. But the legislature may reduce or increase the number
of districts, district judges and district attorneys. This section shall
not be construed to prevent the holding of special terms under such
regulations as may be provided by law.
SECTION 12. RESIDENCE OF
JUDGES — HOLDING COURT OUT OF DISTRICT — SERVICE BY RETIRED JUSTICES AND
JUDGES. Every judge of the district court shall reside in the district
for which he is elected. A judge of any district court, or any retired
justice of the Supreme Court or any retired district judge, may hold a
district court in any county at the request of the judge of the district
court thereof, and upon the request of the governor, or of the chief
justice, and when any such request is made or approved by the
chief justice it shall be his duty to do so; but a cause in the district
court may be tried by a judge pro tempore, who must be a member of the
bar, agreed upon in writing by the parties litigant, or their attorneys
of record, and sworn to try the cause. Any retired justice or district
judge may sit with the Supreme Court and exercise the authority of a
member thereof in any cause in which he is requested by that court so to
do, and when requested by the chief justice shall perform such other
duties pertaining to the judicial department of government as directed.
Compensation for such service shall be as provided by the legislature.
SECTION 13. POWER OF
LEGISLATURE RESPECTING COURTS. The legislature shall have no power to
deprive the judicial department of any power or jurisdiction which
rightly pertains to it as a coordinate department of the government; but
the legislature shall provide a proper system of appeals, and regulate
by law, when necessary, the methods of proceeding in the exercise of
their powers of all the courts below the Supreme Court, so far as the
same may be done without conflict with this Constitution, provided,
however, that the legislature can provide mandatory minimum sentences
for any crimes, and any sentence imposed shall be not less than the
mandatory minimum sentence so provided. Any mandatory minimum sentence
so imposed shall not be reduced.
SECTION 14. SPECIAL COURTS IN CITIES AND TOWNS. The legislature may
provide for the establishment of special courts for the trial of
misdemeanors in incorporated cities and towns, where the same may be
necessary.
SECTION 15. CLERK OF SUPREME COURT. The clerk of the Supreme Court
shall be appointed by the court, and shall hold his office during the
pleasure of the court. He shall receive such compensation for his
services as may be provided by law.
SECTION 16. CLERKS OF DISTRICT COURTS — ELECTION — TERM OF OFFICE. A
clerk of the district court for each county shall be elected by the
qualified voters thereof at the time and in the manner prescribed by law
for the election of members of the legislature, and shall hold his
office for the term of four (4) years.
SECTION 17. SALARIES OF JUSTICES AND JUDGES. The salary of the justices
of the Supreme Court, the salary of judges of the court of appeals, the
salary of the judges of the district court and the salary of magistrate
judges shall be as provided by statute, and no justice of the Supreme
Court, judge of the court of appeals,judge of the district court or
magistrate judge, shall be paid his salary, or any part thereof, unless
he shall have first taken and subscribed an oath that there is not in
his hands any matter in controversy not decided by him which had been
finally submitted for his consideration and determination, thirty days
prior to the taking and subscribing such oath.
SECTION 18. PROSECUTING ATTORNEYS — TERM OF OFFICE — QUALIFICATIONS. A
prosecuting attorney shall be elected for each organized county in the
state, by the qualified electors of such county, and shall hold office
for the term of two years, and commencing with the general election in
1984 shall hold office for the term of four years, and shall perform
such duties as may be prescribed by law; he shall be a practicing
attorney at law, and a resident and elector of the county for which he
is elected. He shall receive such compensation for services as may be
fixed by law.
SECTION 19. VACANCIES — HOW FILLED. All vacancies occurring in the
offices provided for by this article of the Constitution shall be filled
as provided by law.
SECTION 20. JURISDICTION OF DISTRICT COURT. The district court shall
have original jurisdiction in all cases, both at law and in equity, and
such appellate jurisdiction as may be conferred by law.
SECTION 21. JURISDICTION OF PROBATE COURTS. Repealed General Election
November 6, 1962, HJR No. 10, Session 1961.
SECTION 22. JURISDICTION OF JUSTICES OF THE PEACE. Repealed General
Election November 6, 1962, HJR No. 10,
Session 1961.
SECTION 23. QUALIFICATIONS OF DISTRICT JUDGES. No person shall be
eligible to the office of district judge unless he be learned in the
law, thirty (30) years of age, and a citizen of the United States, and
shall have resided in the state or territory at least two (2) years next
preceding his election, nor unless he shall have been at the time of his
election, an elector in the judicial district for which he is elected.
SECTION 24. JUDICIAL DISTRICTS ENUMERATED. Until otherwise provided by
law, the judicial districts shall be five (5) in number, and constituted
of the following counties, viz:
First District—Shoshone
and Kootenai.
Second District—Latah, Nez
Perce, and Idaho.
Third District—Washington,
Ada, Boise, and Owyhee.
Fourth District—Cassia,
Elmore, Logan, and Alturas.
Fifth District—Bear
Lake, Bingham, Oneida, Lemhi, and
Custer.
SECTION 25. DEFECTS IN
LAW TO BE REPORTED BY JUDGES. The judges of the district courts shall,
on or before the first day of July in each year, report in writing to
the justices of the Supreme Court, such defects or omissions in the laws
as their knowledge and experience may suggest, and the justices of the
Supreme Court shall, on or before the first day of December of each
year, report in writing to the governor, to be by him transmitted to the
legislature, together with his message, such defects and omissions in
the Constitution and laws as they may find to exist.
SECTION 26. COURT
PROCEDURE TO BE GENERAL AND UNIFORM. All laws relating to courts shall
be general and of uniform operation throughout the state, and the
organized judicial powers, proceedings, and practices of all the courts
of the same class or grade, so far as regulated by law, and the force
and effect of the proceedings, judgments, and decrees of such courts,
severally, shall be uniform.
SECTION 27. CHANGE IN
COMPENSATION OF OFFICERS. The legislature may by law diminish or
increase the compensation of any or all of the following officers, to
wit: governor, lieutenant governor, secretary of state, state
controller, state treasurer, attorney general, superintendent of public
instruction, justices of the Supreme Court, judges of the court of
appeals and district courts andmagistrate judges; but no diminution or
increase shall affect the compensation of the officer then in office
during his term, provided, however, that the legislature may provide for
the payment of actual and necessary expenses of these officers incurred
while in performance of official duty.
SECTION 28. REMOVAL OF JUDICIAL OFFICERS. Provisions for the
retirement, discipline and removal from office of justices and judges
shall be as provided by law.
ARTICLE VI
SUFFRAGE AND ELECTIONS
SECTION 1. SECRET BALLOT
GUARANTEED. All elections by the people must be by ballot. An absolutely
secret ballot is hereby guaranteed, and it shall be the duty of the
legislature to enact such laws as shall carry this section into effect.
SECTION 2. QUALIFICATIONS
OF ELECTORS. Every male or female citizen of the United States, eighteen
years old, who has resided in this state, and in the county were [where]
he or she offers to vote for the period of time provided by law, if
registered as provided by law, is a qualified elector.
SECTION
3. DISQUALIFICATION OF CERTAIN PERSONS. No person is permitted to vote,
serve as a juror, or hold any civil office who has, at any place, been
convicted of a felony, and who has not been restored to the rights of
citizenship, or who, at the time of such election, is confined in prison
on conviction of a criminal offense.
SECTION 4. LEGISLATURE
MAY PRESCRIBE ADDITIONAL QUALIFICATIONS. The legislature may prescribe
qualifications, limitations, and conditions for the right of suffrage,
additional to those prescribe [prescribed] in this article, but shall
never annul any of the provisions in this article contained.
SECTION 5. RESIDENCE FOR
VOTING PURPOSES NOT LOST OR GAINED. For the purpose of voting, no person
shall be deemed to have gained or lost a residence by reason of his
presence or absence while employed in the service of this state, or of
the United States, nor while engaged in the navigation of the waters of
this state or of the United States, nor while a student of any
institution of learning, nor while kept at any alms house or other
asylum at the public expense.
SECTION 6. RECALL OF
OFFICERS AUTHORIZED. Every public officer in the state of Idaho,
excepting the judicial officers, is subject to recall by the legal
voters of the state or of the electoral district from which he is
elected. The legislature shall pass the necessary laws to carry this
provision into effect.
SECTION 7. NONPARTISAN
SELECTION OF SUPREME AND DISTRICT JUDGES. The selection of justices of
the Supreme Court and district judges shall be nonpartisan. The
legislature shall provide for their nomination and election, but
candidates for the offices of justice of the Supreme Court and district
judge shall not be nominated nor endorsed by any political party and
their names shall not appear on any political party ticket, nor be
accompanied on the ballot by any political party designation.
ARTICLE VII
FINANCE AND REVENUE
SECTION 1. FISCAL YEAR.
The fiscal year shall commence on the second Monday of January in each
year, unless otherwise provided by law.
SECTION 2. REVENUE TO BE
PROVIDED BY TAXATION. The legislature shall provide such revenue as may
be needful, by levying a tax by valuation, so that every person or
corporation shall pay a tax in proportion to the value of his, her, or
its property, except as in this article hereinafter otherwise provided.
The legislature may also impose a license tax, both upon natural persons
and upon corporations, other than municipal, doing business in this
state; also a per capita tax: provided, the legislature may exempt a
limited amount of improvements upon land from taxation.
SECTION 3. PROPERTY TO BE
DEFINED AND CLASSIFIED. The word “property” as herein used shall be
defined and classified by law.
SECTION 4. PUBLIC
PROPERTY EXEMPT FROM TAXATION. The property of the United States, except
when taxation thereof is authorized by the United States, the state,
counties, towns, cities, villages, school districts, and other municipal
corporations and public libraries shall be exempt from taxation;
provided, however, that unimproved real pr | 
