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Article V, Mississippi Constitution

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Mississippi Constitution
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Article 5 of the Mississippi Constitution is entitled Executive and consists of 28 sections.

Section 116

Text of Section 116:

Governor; Term of Office

The chief executive power of this state shall be vested in a Governor, who shall hold his office for four (4) years. Any person elected to the office of Governor shall be eligible to succeed himself in office. However, no person shall be elected to the office of Governor more than twice, and no person who has held the office of Governor or has acted as Governor for more than two (2) years of a term to which another person was elected shall be elected to the office of Governor more than once.[1]

Amendments

  • The 1986 amendment to Section 116 was proposed by Laws 1986, ch. 515, House Concurrent Resolution No. 5, and upon ratification by the electorate on November 4, 1986, was inserted by proclamation of the Secretary of State on November 20, 1986.

Section 117

Text of Section 117:

Eligibility to Serve as Governor

The governor shall be at least thirty years of age, and shall have been a citizen of the United States twenty years, and shall have resided in this state five years next preceeding the day of his election.[1]

Section 118

Text of Section 118:

Salary of Governor

The governor shall receive for his services such compensation as may be fixed by law, which shall neither be increased nor diminished during his term of office.[1]

Section 119

Text of Section 119:

Commander-In-Chief of Military

The governor shall be commander-in-chief of the army and navy of the state, and of the militia, except when they shall be called into the service of the United States.[1]

Section 120

Text of Section 120:

Report from Officers of Executive Department

The governor may require information in writing from the officers in the executive departments of the state on any subject relating to the duties of their respective offices.[1]

Section 121

Text of Section 121:

Convening of Legislature in Extraordinary Session

The governor shall have power to convene the legislature in extraordinary session whenever, in his judgment, the public interest requires it. Should the governor deem it necessary to convene the legislature he shall do so by public proclamation, in which he shall state the subjects and matters to be considered by the legislature, when so convened; and the legislature, when so convened as aforesaid, shall have no power to consider or act upon subjects or matters other than those designated in the proclamation of the governor by which the session is called, except impeachments and examination into the accounts of state officers. The legislature, when so convened, may also act on and consider such other matters as the governor may in writing submit to them while in session. The governor may convene the legislature at the seat of government, or at a different place if that shall become dangerous from an enemy or from disease; and in case of a disagreement between the two houses with respect to time of adjournment, adjourn them to such time as he shall think proper, not beyond the day of the next stated meeting of the legislature.[1]

Section 122

Text of Section 122:

State of the Government; Recommending Measures

The governor shall, from time to time, give the legislature information of the state of the government, and recommend for consideration such measures as may be deemed necessary and expedient.[1]

Section 123

Text of Section 123:

Faithful Execution of Laws

The governor shall see that the laws are faithfully executed.[1]

Section 124

Text of Section 124:

Reprieves and Pardons

In all criminal and penal cases, excepting those of treason and impeachment, the governor shall have power to grant reprieves and pardons, to remit fines, and in cases of forfeiture, to stay the collection until the end of the next session of the legislature, and by and with the consent of the senate to remit forfeitures. In cases of treason he shall have power to grant reprieves, and by and with consent of the senate, but may respite the sentence until the end of the next session of the legislature; but no pardon shall be granted before conviction; and in cases of felony, after conviction no pardon shall be granted until the applicant therefore shall have published for thirty days, in some newspaper in the county where the crime was committed, and in case there be no newspaper published in said county, then in an adjoining county, his petition for pardon, setting forth therein the reasons why such pardon should be granted.[1]

Section 125

Text of Section 125:

Suspension of Defaulting Treasurers and Tax Collectors

The governor shall have the power, and it is hereby made his duty, to suspend alleged defaulting state and county treasurers, and defaulting tax-collectors, pending the investigation of their respective accounts, and to make temporary appointments of proper persons to fill the offices while such investigations are being made; and the legislature shall provide for the enforcement of this provision by appropriate legislation.[1]

Section 126

Text of Section 126:

Seal of State

There shall be a seal of the state kept by the governor, and used by him officially, and be called the great seal of the state of Mississippi.[1]

Section 127

Text of Section 127:

Commissions

All commissions shall be in the name and by the authority of the state of Mississippi, be sealed with the great seal of the state, and be signed by the governor, and attested by the secretary of state.[1]

Section 128

Text of Section 128:

Lieutenant Governor; Qualifications and Term

There shall be a Lieutenant Governor who shall be elected at the same time, in the same manner, and for the same term, and who shall possess the same qualifications as required of the Governor. Any person elected to the office of Lieutenant Governor shall be eligible to succeed himself in office, but no person who has been elected to the office of Lieutenant Governor for two successive terms shall be eligible to hold that office until one term has intervened.[1]

Amendments

  • The 1992 amendment of Section 128 was proposed by Laws 1992, ch. 719, Senate Concurrent Resolution No. 525, and upon ratification by the electorate on November 3, 1992, was inserted by proclamation of the Secretary of State on December 8, 1992.

Section 129

Text of Section 129:

Lieutenant Governor as President of Senate

The lieutenant-governor shall, by virtue of his office, be president of the senate. In committee of the whole he may debate all questions, and where there is an equal division in the senate, or on a joint vote of both houses, he shall give the casting vote.[1]

Section 130

Text of Section 130:

Salary of Lieutenant Governor

The lieutenant-governor shall receive for his services the same compensation as the speaker of the house of representatives.[1]

Section 131

Text of Section 131:

Vacancy in Office of Governor

When the office of Governor shall become vacant, by death or otherwise, the Lieutenant Governor shall possess the powers and discharge the duties of the office. When the Governor shall be absent from the state, or unable, from protracted illness, to perform the duties of the office, the Lieutenant Governor shall discharge the duties of said office until the Governor be able to resume his duties; but if, from disability or otherwise, the Lieutenant Governor shall be incapable of performing said duties, or if he be absent from the state, the President of the Senate Pro Tempore shall act in his stead; but if there be no such president, or if he be disqualified by like disability, or be absent from the state, then the Speaker of the House of Representatives shall assume the office of Governor and perform the duties; and in case of the inability of the foregoing officers to discharge the duties of Governor, the Secretary of State shall convene the Senate to elect a President Pro Tempore. The officer discharging the duties of Governor shall receive as compensation while performing such duties, the compensation to which he is regularly entitled by law for service in the position to which he was elected and, in addition thereto, an amount equal to the difference between such regular compensation and the compensation of the Governor. Should a doubt arise as to whether a vacancy has occurred in the office of Governor or as to whether any one of the disabilities mentioned in this section exists or shall have ended, then the Secretary of State shall submit the question in doubt to the judges of the Supreme Court, who, or a majority of whom, shall investigate and determine the question and shall furnish to the Secretary of State an opinion, in writing, determining the question submitted to them, which opinion, when rendered as aforesaid, shall be final and conclusive.[1]

Amendments

  • The 1992 amendment of Section 131was proposed by Laws 1992, ch. 721, Senate Concurrent Resolution No. 527, and upon ratification by the electorate on November 3, 1992, was inserted by proclamation of the Secretary of State on December 8, 1992.

Section 132

Text of Section 132:

Contested Election for Lieutenant Governor

In case the election for lieutenant-governor shall be contested, the contest shall be tried and determined in the same manner as a contest for the office of governor.[1]

Section 133

Text of Section 133:

Secretary of State

There shall be a secretary of state, who shall be elected as herein provided. He shall be at least twenty-five years of age, a citizen of the state five years next preceding the day of his election, and he shall continue in office during the term of four years, and shall be keeper of the capitol; he shall keep a correct register of all official acts and proceedings of the governor; and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before the legislature, and he shall perform such other duties as may be required of him by law. He shall receive such compensation as shall be prescribed.[1]

Section 134

Text of Section 134:

State Treasurer; Auditor of Public Accounts

A State Treasurer and an Auditor of Public Accounts shall be elected as herein provided, who shall hold their office for the term of four (4) years, and shall possess the same qualifications as required for the Secretary of State. They shall receive such compensation as may be provided by law.[1]

Amendments

  • The 1966 amendment to Section 134, which eliminated the prohibition against the treasurer and the auditor of public accounts immediately succeeding each other in office, and the prohibition against the auditor of public accounts immediately succeeding himself in that office, was proposed by House Concurrent Resolution No. 38, ch. 692, adopted at the 1966 regular session of the Legislature, and upon ratification by the electorate on November 8, 1966, was inserted by proclamation of the Secretary of State on November 23, 1966.
  • The 1986 amendment to Section 134 was proposed by Laws 1986, ch. 634, Senate Concurrent Resolution No. 513, and upon ratification by the electorate on November 4, 1986, was inserted by proclamation of the Secretary of State on November 20, 1986.

Section 135

Text of Section 135:

County Officers

Effective January 1, 1964, there shall be a sheriff, coroner, assessor, tax collector and surveyor for each county to be selected as elsewhere provided herein, who shall hold their office for four years and who shall be eligible to immediately succeed themselves in office, provided, however, if the offices of sheriff and tax collector are combined the holder thereof shall not be eligible to immediately succeed himself in office. The Legislature may combine any one or more of said offices in any county or counties and shall fix their compensation. The duties heretofore imposed on the county treasurer shall be discharged by some person or persons selected as required by law.[1]

Amendments

  • The 1962 amendment to Section 135 was proposed by Senate Concurrent Resolution No. 109, ch. 683, of the 1962 regular session of the Legislature, and upon ratification by the electorate on June 5, 1962, was inserted by proclamation of the Secretary of State on June 22, 1962.

Section 136

Text of Section 136:

Continuation in Office

All officers named in this article shall hold their offices during the term for which they were selected, unless removed, and until their successors shall be duly qualified to enter on the discharge of their respective duties.[1]

Section 137

Text of Section 137:

Repealed.[1]

Amendments

  • Former Section 137 required that the state treasurer publish in a newspaper located at the seat of government, within ten days of the first of January and July of each year, a statement of the condition of the treasury including the balance on hand and information concerning the nature of the funds. The former section also required verification by inpection and certification of the count by the governor.
  • The repeal of Section 137 was proposed by Laws 1990, ch. 695, Senate Concurrent Resolution No. 562, and upon ratification by the electorate on November 6, 1990, was deleted by proclamation of the Secretary of State on December 19, 1990.

Section 138

Text of Section 138:

Selection of County Officers

The sheriff, coroner, assessor, surveyor, clerks of courts, and members of the board of supervisors of the several counties, and all other officers exercising local jurisdiction therein, shall be selected in the manner provided by law for each county.[1]

Section 139

Text of Section 139:

Removal and Appointment of County and Municipal Officers

The legislature may empower the governor to remove and appoint officers, in any county or counties or municipal corporations, under such regulations as may be prescribed by law.[1]

Section 140

Text of Section 140:

Election of Governor

The Governor of the state shall be chosen in the following manner: On the first Tuesday after the first Monday of November of A.D. 1895, and on the first Tuesday after the first Monday of November in every fourth year thereafter, until the day shall be changed by law, an election shall be held in the several counties and districts created for the election of members of the House of Representatives in this state, for Governor, and the person receiving in any county or such legislative district the highest number of votes cast therein, for said office, shall be holden to have received as many votes as such county or district is entitled to members in the House of Representatives, which last named votes are hereby designated "electoral votes."In all cases where a representative is apportioned to two (2) or more counties or districts, the electoral vote based on such representative, shall be equally divided among such counties or districts. The returns of said election shall be certified by the election commissioners, or the majority of them, of the several counties and transmitted, sealed, to the seat of government, directed to the Secretary of State, and shall be by him safely kept and delivered to the Speaker of the House of Representatives on the first day of the next ensuing session of the Legislature.

The Speaker shall, on the same day he shall have received said returns, open and publish them in the presence of the House of Representatives, and said House shall ascertain and count the vote of each county and legislative district and decide any contest that may be made concerning the same, and said decision shall be made by a majority of the whole number of members of the House of Representatives concurring therein by a viva voce vote, which shall be recorded in its journal; provided, in case the two (2) highest candidates have an equal number of votes in any county or legislative district, the electoral vote of such county or legislative district shall be considered as equally divided between them. The person found to have received a majority of all the electoral votes, and also a majority of the popular vote, shall be declared elected.[1]

Amendments

  • The 1982 amendment to Section 140 was proposed by Laws 1982, ch. 621, Senate Consurrent Resolution No. 517, of the 1982 regular session of the Legislature, and upon ratification by the electorate on November 2, 1982, was inserted by proclamation of the Secretary of State on January 28, 1983.

Section 141

Text of Section 141:

Choosing Governor in Absence of Electoral and Popular Vote Majorities

If no person shall receive such majorities, then the house of representatives shall proceed to choose a governor from the two persons who shall have received the highest number of popular votes. The election shall be by viva voce vote, which shall be recorded in the journal, in such manner as to show for whom each member voted.[1]

Section 142

Text of Section 142:

Ineligibility of Legislators to Receive Certain Appointments

In case of an election of governor or any state officer by the house of representatives, no member of that house shall be eligible to receive any appointment from the governor or other state officer so elected, during the term for which he shall be elected.[1]

Section 143

Text of Section 143:

Election of Other State Officers

All other state officers shall be elected at the same time, and in the same manner as provided for election of governor.[1]

See also

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