Rhode Island Separation of Power Question 1 (2004)

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Rhode Island Constitution
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Articles
PreambleIIIIIIIVVVIVIIVIIIIXXXIXIIXIIIXIVXV
Rhode Island Question 1, also known as Amendments to the Constitution of the State (Separation of Powers), was on the November 2, 2004 election ballot in Rhode Island as a legislatively-referred constitutional amendment, where it was approved.[1]

Election results

Question 1
ResultVotesPercentage
Approveda Yes 257,308 78.3%
No71,23621.7%

Text of measure

The language that appeared on the ballot said:

"The approval of the following proposed amendments to the Constitution of the state are intended to have the collective effect of ensuring the separation of governmental power among the three branches of state government: the legislative branch, the executive branch and the judicial branch:
a. Article III, Section 6 of the Constitution shall be amended to read as follows:
Section 6. Holding of offices under other governments. Senators and representatives not to hold other appointed offices under state government. -- No person holding any office under the government of the United States, or of any other state or country, shall act as a general officer or as a member of the general assembly, unless at the time of taking such engagement that person shall have resigned the office under such government; and if any general officer, senator, representative, or judge shall, after election and engagement, accept any appointment under any other government, the office under this shall be immediately vacated; but this restriction shall not apply to any person appointed to take deposition or acknowledgement of deeds, or other legal instruments, by the authority of any other state or country.

No senator or representative shall, during the time for which he or she was elected, be appointed to any state office, board, commission or other state or quasi-public entity exercising executive power under the laws of this state, and no person holding any executive office or serving as a member of any board, commission or other state or quasi-public entity exercising executive power under the laws of this state shall be a member of the senate or the house of representatives during his or her continuance in such office.

b. Article V of the Constitution shall be amended to read as follows:
The powers of the government shall be distributed into three (3) separate and distinct departments: the legislative, the executive and the judicial.
c. Article VI, Section 10 of the Constitution shall be deleted in its entirety.
d. Article IX, Section 5 of the Constitution shall be amended to read as follows:
Section 5. Powers of appointment. The governor shall, by and with the advice and consent of the senate, appoint all officers of the state whose appointment is not herein otherwise provided for and all members of any board, commission or other state or quasi-public entity which exercises executive power under the laws of this state; but the general assembly may by law vest the appointment of such inferior officers, as they deem proper, in the governor, or within their respective departments in the other general officers, the judiciary or in the heads of departments.

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