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Article XII, Missouri Constitution

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Missouri Constitution
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Preamble
Articles
IIIIIIIVVVIVIIVIIIIXXXIXIIXIII
Article XII of the Missouri Constitution is entitled Amending the Constitution.

Section 1

Text of Section 1:

Limitation on Revision and Amendment

This constitution may be revised and amended only as therein provided.[1]

Amendments

  • Amended on November 2, 1920.

Section 2(a)

Text of Section 2(a):

Proposal of Amendments by General Assembly

Constitutional amendments may be proposed at any time by a majority of the members-elect of each house of the general assembly, the vote to be taken by yeas and nays and entered on the journal.[1]

Amendments

  • Amended on November 2, 1920.

Section 2(b)

Text of Section 2(b):

Submission of Amendments Proposed by General Assembly or By the Initiative

All amendments proposed by the general assembly or by the initiative shall be submitted to the electors for their approval or rejection by official ballot title as may be provided by law, on a separate ballot without party designation, at the next general election, or at a special election called by the governor prior thereto, at which he may submit any of the amendments. No such proposed amendment shall contain more than one amended and revised article of this constitution, or one new article which shall not contain more than one subject and matters properly connected therewith. If possible, each proposed amendment shall be published once a week for two consecutive weeks in two newspapers of different political faith in each county, the last publication to be not more than thirty nor less than fifteen days next preceding the election. If there be but one newspaper in any county, publication for four consecutive weeks shall be made. If a majority of the votes cast thereon is in favor of any amendment, the same shall take effect at the end of thirty days after the election. More than one amendment at the same election shall be so submitted as to enable the electors to vote on each amendment separately.[1]

Amendments

  • Amended on November 2, 1920.

Section 3(a)

Text of Section 3(a):

Referendum on Constitutional Convention-—Qualifications of Delegates Selection of Nominees for District Delegates and Delegates-at-Large—Election Procedure

At the general election on the first Tuesday following the first Monday in November 1962, and every twenty years thereafter, the secretary of state shall, and at any general or special election the general assembly by law may, submit to the electors of the state the question “Shall there be a convention to revise and amend the constitution?” The question shall be submitted on a separate ballot without party designation, and if a majority of the votes cast thereon is for the affirmative, the governor shall call an election of delegates to the convention on a day not less than three nor more than six months after the election on the question. At the election the electors of the state shall elect fifteen delegates-at-large and the electors of each state senatorial district shall elect two delegates. Each delegate shall possess the qualifications of a senator; and no person holding any other office of trust or profit (officers of the organized militia, school directors, justices of the peace and notaries public excepted) shall be eligible to be elected a delegate. To secure representation from different political parties in each senatorial district, in the manner prescribed by its senatorial district committee each political party shall nominate but one candidate for delegate from each senatorial district, the certificate of nomination shall be filed in the office of the secretary of state at least thirty days before the election, each candidate shall be voted for on a separate ballot bearing the party designation, each elector shall vote for but one of the candidates, and the two candidates receiving the highest number of votes in each senatorial district shall be elected. Candidates for delegates-at-large shall be nominated by nominating petitions only, which shall be signed by electors of the state equal to five percent of the legal voters in the senatorial district in which the candidate resides until otherwise provided by law, and shall be verified as provided by law for initiative petitions, and filed in the office of the secretary of state at least thirty days before the election. All such candidates shall be voted for on a separate ballot without party designation, and the fifteen receiving the highest number of votes shall be elected. Not less than fifteen days before the election, the secretary of state shall certify to the county clerk of the county the name of each person nominated for the office of delegate from the senatorial district in which the county, or any part of it, is included, and the names of all persons nominated for delegates-at-large.[1]

Amendments

  • Amended on November 2, 1920.

Section 3(b)

Text of Section 3(b):

Convention of Delegates—-Quarters—-Oath—-Compensation—-Quorum—-Vote Required-—Organization, Employees, Printing—-Public Sessions—-Rules—-Vacancies

The delegates so elected shall be convened at the seat of government by proclamation of the governor within six months after their election. The facilities of the legislative chambers and legislative quarters shall be made available for the convention and the delegates. Upon convening all delegates shall take an oath or affirmation to support the Constitution of the United States and of the state of Missouri, and to discharge faithfully their duties as delegates to the convention, and shall receive for their services the sum of ten dollars per diem and mileage as provided by law for members of the general assembly. A majority of the delegates shall constitute a quorum for the transaction of business, and no constitution or amendment to this constitution shall be submitted to the electors for approval or rejection unless by the assent of a majority of all the delegates-elect, the yeas and nays being entered on the journal. The convention may appoint such officers, employees and assistants as it may deem necessary, fix their compensation, provide for the printing of its documents, journals, proceedings and a record of its debates, and appropriate money for the expenditures incurred. The sessions of the convention shall be held with open doors, and it shall determine the rules of its own proceedings, choose its own officers, and be the judge of the election, returns and qualifications of its delegates. In case of a vacancy by death, resignation or other cause, the vacancy shall be filled by the governor by the appointment of another delegate of the political party of the delegate causing the vacancy.[1]

Amendments

  • Amended on November 2, 1920.

Section 3(c)

Text of Section 3(c):

Submission of Proposal Adopted by Convention-—Time of Election—-Effective Date

Any proposed constitution or constitutional amendment adopted by the convention shall be submitted to a vote of the electors of the state at such time, in such manner and containing such separate and alternative propositions and on such official ballot as may be provided by the convention, at a special election not less than sixty days nor more than six months after the adjournment of the convention. Upon the approval of the constitution or constitutional amendments the same shall take effect at the end of thirty days after the election. The result of the election shall be proclaimed by the governor.[1]

Amendments

  • Amended on November 2, 1920.

Schedule

Section 1

Text of Section 1:

Supersession of Prior Constitutional Provisions

The constitution of 1875 and all amendments thereto except as hereinafter provided shall be superseded by this constitution.[1]

Section 2

Text of Section 2:

Effect on Existing Laws

All laws in force at the time of the adoption of this constitution and consistent therewith shall remain in full force and effect until amended or repealed by the general assembly. All laws inconsistent with this constitution, unless sooner repealed or amended to conform with this constitution, shall remain in full force and effect until July 1, 1946.[1]

Section 3

Text of Section 3:

Effect on Existing Terms of Office

The terms of all persons holding public office to which they have been elected or appointed at the time this constitution shall take effect shall not be vacated or otherwise affected thereby.[1]

Section 4

Text of Section 4:

Effect on Certain Existing Courts

All courts of common pleas now existing, the St. Louis courts of criminal correction, and all circuit court circuits as now established, shall continue until changed or abolished by law. The justices of the peace shall continue to hold their offices and receive the emoluments thereof until their terms of office expire, upon which their records shall be transferred to the magistrate.[1] courts.

Section 5

Text of Section 5:

Effect on Existing Rights, Claims

All rights, claims, causes of action and obligations existing and all contracts, prosecutions, recognizances and other instruments executed or entered into and all indictments which shall have been found and informations which shall have been filed and all actions which shall have been instituted and all fines, taxes, penalties and forfeitures assessed, levied, due or owing prior to the adoption of this constitution shall continue to be as valid as if this constitution had not been adopted.[1]

Section 6

Text of Section 6:

Reimbursement for Expenses of Constitutional Election

The general assembly shall appropriate out of the general revenue fund of the state a sum sufficient to reimburse the various counties for the sums legally and properly paid by them to the judges and clerks of the special election called for the purpose of adopting or rejecting this constitution.[1]

Done in convention on September 28, 1944.

See also

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External links

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