Article XVI, South Dakota Constitution

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South Dakota Constitution
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Article XVI of the South Dakota Constitution is entitled Impeachment and Removal from Office and consists of eight sections.

Section 1

Text of Section 1:

Power of Impeachment in House--Majority Required

The house of representatives shall have the sole power of impeachment. The concurrence of a majority of all members elected shall be necessary to an impeachment.

History: Repeal proposed by SL 1974, ch 1, rejected Nov. 5, 1974; repeal proposed by SL 1975, ch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976.

Section 2

Text of Section 2:

Trial of Impeachments--Presiding Officer

All impeachments shall be tried by the senate. When sitting for that purpose the senators shall be upon oath or affirmation to do justice according to law and evidence. No person shall be convicted without the concurrence of two-thirds of the members elected. When the Governor or lieutenant governor is on trial the presiding judge of the Supreme Court shall preside.

History: Repeal proposed by SL 1974, ch 1, rejected Nov. 5, 1974; repeal proposed by SL 1975, ch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976.

Section 3

Text of Section 3:

Officers Subject to Impeachment--Grounds--Removal from Office--Criminal Prosecution

The Governor and other state and judicial officers, except county judges, justices of the peace and police magistrates, shall be liable to impeachment for drunkenness, crimes, corrupt conduct, or malfeasance or misdemeanor in office, but judgment in such cases shall not extend further than to removal from office and disqualification to hold any office of trust or profit under the state. The person accused whether convicted or acquitted shall nevertheless be liable to indictment, trial, judgment and punishment according to law.

History: Repeal proposed by SL 1974, ch 1, rejected Nov. 5, 1974; repeal proposed by SL 1975, ch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976.

Section 4

Text of Section 4:

Removals of Officers Not Subject to Impeachment

All officers not liable to impeachment shall be subject to removal for misconduct or malfeasance or crime or misdemeanor in office, or for drunkenness or gross incompetency, in such manner as may be provided by law.

History: Repeal proposed by SL 1974, ch 1, rejected Nov. 5, 1974; repeal proposed by SL 1975, ch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976.

Section 5

Text of Section 5:

Suspension of Duties Between Impeachment and Acquittal

No officer shall exercise the duties of his office after he shall have been impeached and before his acquittal.

History: Repeal proposed by SL 1974, ch 1, rejected Nov. 5, 1974; repeal proposed by SL 1975, ch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976.

Section 6

Text of Section 6:

Lieutenant Governor Not to Try Governor

On trial of an impeachment against the Governor the lieutenant governor shall not act as a member of the court.

History: Repeal proposed by SL 1974, ch 1, rejected Nov. 5, 1974; repeal proposed by SL 1975, ch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976.

Section 7

Text of Section 7:

Service of Copy of Impeachment Before Trial Required

No person shall be tried on impeachment before he shall have been served with a copy thereof at least twenty days previous to the day set for trial.

History: Repeal proposed by SL 1974, ch 1, rejected Nov. 5, 1974; repeal proposed by SL 1975, ch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976.

Section 8

Text of Section 8:

Impeachment Twice for Same Offense Prohibited

No person shall be liable to impeachment twice for the same offense.

History: Repeal proposed by SL 1974, ch 1, rejected Nov. 5, 1974; repeal proposed by SL 1975, ch 2, as amended by SL 1976, ch 1, rejected Nov. 2, 1976.

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