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Article 22, Arizona Constitution

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Arizona Constitution
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Article XXII of the Arizona Constitution is entitled Schedule and Miscellaneous. It has 22 sections.[1]

Section 1

Text of Section 1:

Existing Rights, Actions, Suits, Proceedings, Contracts, Claims, or Demands; Process

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

No rights, actions, suits, proceedings, contracts, claims, or demands, existing at the time of the admission of this State into the Union, shall be affected by a change in the form of government, from Territorial to State, but all shall continue as if no change had taken place; and all process which may have been issued under the authority of the Territory of Arizona, previous to its admission into the Union, shall be as valid as if issued in the name of the State.[1]

Section 2

Text of Section 2:

Territorial Laws

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

All laws of the Territory of Arizona now in force, not repugnant to this Constitution, shall remain in force as laws of the State of Arizona until they expire by their own limitations or are altered or repealed by law; Provided, that wherever the word Territory, meaning the Territory of Arizona, appears in said laws, the word State shall be substituted.[1]

Section 3

Text of Section 3:

Debts, Fines, Penalties, and Forfeitures

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

All debts, fines, penalties, and forfeitures which have accrued, or may hereafter accrue, to the Territory of Arizona shall inure to the State of Arizona.[1]

Section 4

Text of Section 4:

Recognizances; Bonds; Estate; Judgments; Choses in Action

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

All recognizances heretofore taken, or which may be taken, before the change from a Territorial to a State government, shall remain valid, and shall pass to and may be prosecuted in the name of the State, and all bonds executed to the Territory of Arizona, or to any county or municipal corporation, or to any officer, or court, in his or its official capacity, shall pass to the State authorities and their successors in office for the uses therein expressed, and may be sued for and recovered accordingly; and all the estate, real, personal, and mixed, and all judgments, decrees, bonds, specialties, choses in action, and claims, demands or debts of whatever description, belonging to the Territory of Arizona, shall inure to and vest in the State of Arizona, and may be sued for and recovered by the State of Arizona in the same manner, and to the same extent, as the same might or could have been by the Territory of Arizona.[1]

Section 5

Text of Section 5:

Criminal Prosecutions and Penal Actions; Offense; Penalties; Actions and Suits

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

All criminal prosecutions and penal actions which may have arisen, or which may arise, before the change from a Territorial to a State government, and which shall then be pending, shall be prosecuted to judgment and execution in the name of the State. All offenses committed against the laws of the Territory of Arizona before the change from a Territorial to a State government, and which shall not be prosecuted before such change, may be prosecuted in the name, and by the authority, of the State of Arizona, with like effect as though such change had not taken place, and all penalties incurred and punishments inflicted shall remain the same as if this Constitution had not been adopted.

All actions at law and suits in equity, which may be pending in any of the courts, of the Territory of Arizona at the time of the change from a Territorial to a State government, shall be continued and transferred to the court of the State, or of the United States, having jurisdiction thereof.[1]

Section 6

Text of Section 6:

Territorial, District, County, and Precinct Officers

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

All Territorial, district, county, and precinct officers who may be in office at the time of the admission of the State into the Union shall hold their respective offices until their successors shall have qualified, and the official bonds of all such officers shall continue in full force and effect while such officers remain in office.[1]

Section 7

Text of Section 7:

Causes Pending in District Courts of Territory; Records, Papers, and Property

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

Whenever the judge of the superior court of any county, elected or appointed under the provisions of this Constitution, shall have qualified, the several causes then pending in the district court of the Territory, and in and for such county, except such causes as would have been within the exclusive jurisdiction of the United States courts, had such courts existed at the time of the commencement of such causes within such county, and the records, papers, and proceedings of said district court, and other property pertaining thereto, shall pass into the jurisdiction and possession of the superior court of such county.

It shall be the duty of the clerk of the district court having custody of such papers, records, and property, to transmit to the clerk of said superior court the original papers in all cases pending in such district and belonging to the jurisdiction of said superior court, together with a transcript, or transcripts, of so much of the record of said district court as shall relate to the same; and until the district courts of the Territory shall be superseded in manner aforesaid, and as in this Constitution provided, the said district courts, and the judges thereof, shall continue with the same jurisdiction and powers, to be exercised in the same judicial district, respectively, as heretofore, and now, constituted.[1]

Section 8

Text of Section 8:

Probate Records and Proceedings

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

When the State is admitted into the Union, and the superior courts, in their respective counties, are organized, the books, records, papers, and proceedings of the probate court in each county, and all causes and matters of administration pending therein, shall pass into the jurisdiction and possession of the superior court of the same county created by this Constitution, and the said court shall proceed to final judgment or decree, order, or other determination, in the several matters and causes with like effect as the probate court might have done if this Constitution had not been adopted.[1]

Section 9

Text of Section 9:

Causes Pending in Supreme Court of Territory; Records, Papers, and Property

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

Whenever a quorum of the judges of the Supreme Court of the State shall have been elected, and qualified, and shall have taken office, under this Constitution, the causes then pending in the Supreme Court of the Territory, except such causes as would have been within the exclusive jurisdiction of the United States courts, had such courts existed at the time of the commencement of such causes, and the papers, records, and proceedings of said court, and the seal and other property pertaining thereto, shall pass into the jurisdiction and possession of the Supreme Court of the State, and until so superseded, the Supreme Court of the Territory, and the judges thereof, shall continue, with like powers and jurisdiction as if this Constitution had not been adopted, or the State admitted into the Union; and all causes pending in the Supreme Court of the Territory at said time, and which said causes would have been within the exclusive jurisdiction of the United States courts, had such courts existed, at the time of the commencement of such causes, and the papers, records, and proceedings of said court, relating thereto, shall pass into the jurisdiction of the United States courts, all as in the Enabling Act approved June 20, 1910, provided.[1]

Section 10

Text of Section 10:

Seals of Supreme Court, Superior Courts, Municipalities, and County Officers

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

Until otherwise provided by law, the seal now in use in the Supreme Court of the Territory, shall be the seal of the Supreme Court of the State, except that the word "State," shall be substituted for the word "Territory" on said seal. The seal of the superior courts of the several counties of the State, until otherwise provided by law, shall be the vignette of Abraham Lincoln, with the words "Seal of the Superior Court The seal of municipalities, and of all county officers, in the Territory, shall be the seals of such municipalities and county officers, respectively, under the State, until otherwise provided by law, except that the word "Territory," or "Territory of Arizona," be changed to read "State" or "State of Arizona," where the same may appear on any such seals.[1]

Section 11

Text of Section 11:

Effective Date of Constitution

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

The provisions of this Constitution shall be in force from the day on which the President of the United States shall issue his proclamation declaring the State of Arizona admitted into the Union.[1]

Section 12

Text of Section 12:

Election of Representative in Congress

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

One Representative in the Congress of the United States shall be elected from the State at large, and at the same election at which officers shall be elected under the Enabling Act, approved June 20, 1910, and, thereafter, at such times and in such manner as may be prescribed by law.[1]

Section 13

Text of Section 13:

Continuation in Office until Qualification of Successor

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

The term of office of every officer to be elected or appointed under this Constitution or the laws of Arizona shall extend until his successor shall be elected and shall qualify.[1]

Section 14

Text of Section 14:

Initiative

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

Any law which may be enacted by the Legislature under this Constitution may be enacted by the people under the Initiative. Any law which may not be enacted by the Legislature under this Constitution shall not be enacted by the people.[1]

Section 15

Text of Section 15:

Public Institutions

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

Correctional and penal institutions, and institutions for the benefit of persons who have mental or physical disabilities and such other institutions as the public good may require, shall be established and supported by the State in such manner as may be prescribed by law.[1]

Amendment

Ratified on November 7, 2000 via voter approval of Proposition 101.

Section 16

Text of Section 16:

Confinement of Minor Offenders

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

It shall be unlawful to confine any minor under the age of eighteen years, accused or convicted of crime, in the same section of any jail or prison in which adult prisoners are confined. Suitable quarters shall be prepared for the confinement of such minors.[1]

Section 17

Text of Section 17:

Compensation of Public Officers

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

All State and county officers (except notaries public) and all justices of the peace and constables, whose precinct includes a city or town or part thereof, shall be paid fixed and definite salaries, and they shall receive no fees for their own use.[1]

Section 18

Text of Section 18:

Nomination of Incumbent Public Officers to Other Offices

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

Except during the final year of the term being served, no incumbent of a salaried elective office, whether holding by election or appointment, may offer himself for nomination or election to any salaried local, State or federal office.[1]

Section 19

Text of Section 19:

Lobbying

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

The Legislature shall enact laws and adopt rules prohibiting the practice of lobbying on the floor of either House of the Legislature, and further regulating the practice of lobbying.[1]

Section 20

Text of Section 20:

Design of State Seal

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

The seal of the State shall be of the following design: In the background shall be a range of mountains, with the sun rising behind the peaks thereof, and at the right side of the range of mountains there shall be a storage reservoir and a dam, below which in the middle distance are irrigated fields and orchards reaching into the foreground, at the right of which are cattle grazing. To the left in the middle distance on a mountain side is a quartz mill in front of which and in the foreground is a miner standing with pick and shovel. Above this device shall be the motto: "Ditat Deus." In a circular band surrounding the whole device shall be inscribed: "Great Seal of The State of Arizona," with the year of admission of the State into the Union.[1]

Section 21

Text of Section 21:

Enactment of Laws to Carry Constitution into Effect

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

The Legislature shall enact all necessary laws to carry into effect the provisions of this Constitution.[1]

Section 22

Text of Section 22:

Judgments of Death

This text is quoted verbatim from the original source. Any inconsistencies are attributed to the original source.

The judgment of death shall be inflicted by administering an intravenous injection of a substance or substances in a lethal quantity sufficient to cause death except that defendants sentenced to death for offenses committed prior to the effective date of the amendment to this section shall have the choice of either lethal injection or lethal gas. The lethal injection or lethal gas shall be administered under such procedures and supervision as prescribed by law. The execution shall take place within the limits of the state prison.[1]

Amendment

Ratified in November 1992 via voter approval of Proposition 103.

See also

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External links

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Additional reading

References