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one-half of the whole number of the house of representatives; and they shall lay off the State into the same number of senatorial districts, as nearly equal in the number of inhabitants as may be, according to the ratio of representation esta lished in the preceding section; each of which districts shall be entitled to one senator.

SEC. 3. When any senatorial district shall be composed of two or more counties, the counties of which such district consists shall not be entirely sepe rated by any county belonging to another district, and no county shall be divided in forming a district.

SEC. 4. No new county shall be entitled to separate representation until its population equal the ratio of representation then existing; nor shall any county be reduced in population, by division, below the existing ratio.

SEC. 5. Until the apportionment of representation by the general assembly as directed in the foregoing section, the several counties shall be entitled to the following representatives, viz: Escambia, three; Walton, one; Washington one Jackson, three; Franklin, two; Calhoun, two; Gadsden, four; Leon, six: Jeffer son, three; Madison, one; Hamilton, one; Columbia, two; Alachua, two: Duval two, Nassau, one; Saint John's, three, Mosquito, one; Dade, one; Monroe, one Hillsborough, one; and, until the apportionment of senators under the census as aforesaid, there shall be sixteen senatorial districts in this State, which shal be as follows:

The county of Escambia shall compose the first district.

The counties of Walton and Washington shall compose the second district.
The county of Jackson shall compose the third district.
The county of Calhoun shall compose the fourth district.
The county of Franklin shall compose the fifth district.
The county of Gadsden shall compose the sixth district.
The county of Leon shall compose the seventh district.
The county of Jefferson shall compose the eighth district.
The county of Madison shall compose the ninth district.
The county of Hamilton shall compose the tenth district.
The county of Columbia shall compose the eleventh district.
The county of Alachua shall compose the twelfth district.
The county of Duval shall compose the thirteenth district.
The county of Nassau shall compose the fourteenth district.

The counties of Saint John's and Mosquito shall compose the fifteenth distres The counties of Dade, Monroe, and Hillsborough shall compose the sixteenth district.

And each senatorial district shall elect one senator, and the seventh distract shall be entitled to two.

Georgia-1789

CONSTITUTION

ART. LVIII. No person shall be allowed to plead in the courts of law in the State, except those who are authorized so to do by the house of assembly; and if any person so authorized shall be found guilty of malpractice before the bene of assembly, they shall have power to suspend them. This is not intended to exclude any person from that inherent privilege of every freeman, the liberty to plead his own cause.

ART. LIX. Excessive fines shall not be levied, nor excessive bail demanded. ART. LX. The principles of the habeas-corpus act shall be a part of this ene stitution.

ART. LXI. Freedom of the press and trial by jury to remain inviolate forever ART. LXII. No clergyman of any denomination shall be allowed a seat in the legislature.

ART. LXIII. No alteration shall be made in this constitution without peritiva from a majority of the counties, and the petitions from each county to be sugDA by a majority of voters in each county within this State; at which time the assembly shall order a convention to be called for that purpose, specifying the alterations to be made, according to the petitions preferred to the assembly br the majority of the counties as aforesaid.

Done at Savannah, in convention, the fifth day of February, in the year of our Lord one thousand seven hundred and seventy-seven, and in the first year of the Independence of the United States of America.

CONSTITUTION OF GEORGIA-1789 a b

We, the underwritten delegates from the people, in convention met, do declare that the following articles shall form the constitution for the government of this State; and, by virtue of the powers in us vested for that purpose, do hereby ratify and confirm the same.

ARTICLE I

SECTION 1. The legislative power shall be vested in two separate and distinct branches, to wit, a senate and house of representatives, to be styled "The general assembly."

SEC. 2. The senate shall be elected on the first Monday in October in every third year, until such day of election be altered by law; and shall be composed of one member from each county, chosen by the electors thereof, and shall continue for the term of three years.

SEC. 3. No person shall be a member of the senate who shall not have attained to the age of twenty-eight years, and who shall not have been nine years an inhabitant of the United States, and three years a citizen of this State; and shall be an inhabitant of that county for which he shall be elected, and have resided therein six months immediately preceding his election, and shall be possessed in his own right of two hundred and fifty acres of land, or some property to the amount of two hundred and fifty pounds.

SEC. 4. The senate shall elect, by ballot, a president out of their own body. SEC. 5. The senate shall have solely the power to try all impeachments. SEC. 6. The election of members for the house of representatives shall be annual, on the first Monday in October, until such day of election be altered by law, and shall be composed of members from each county, in the following proportions: Camden, two; Glynn, two; Liberty, four; Chatham, five; Effingham, two; Burke, four; Richmond, four; Wilkes, five; Washington, two; Green, two; and Franklin, two.

SEC. 7. No person shall be a member of the house of representatives who shall not have attained to the age of twenty-one years, and have been seven years a citizen of the United States, and two years an inhabitant of this State; and shall be an inhabitant of that county for which he shall be elected, and have resided therein three months immediately preceding his election; and shall be possessed in his own right of two hundred acres of land, or other property to the amount of one hundred and fifty pounds.

SEC. 8. The house of representatives shall choose their speaker and other officers.

SEC. 9. They shall have solely the power to impeach all persons who have been or may be in office.

SEC. 10. No person holding a military commission, or office of profit, under this or the United States, or either of them, (except justices of the peace and officers of the militia,) shall be allowed to take his seat as a member of either branch of the general assembly; nor shall any senator or representative be elected to any office of profit which shall be created during his appointment.

SEC. 11. The meeting of the general assembly shall be annual, on the first Monday in November, until such day of meeting be altered by law.

SEC. 12. One-third of the members of each branch shall have power to proceed to business; but a smaller number may adjourn from day to day, and compel the attendance of their members in such manner as each house may prescribe. SEC. 13. Each house shall be judges of the elections, returns, and qualifications of its own members, with powers to expel or punish for disorderly behavior. SEC. 14. No senator or representative shall be liable to be arrested during his attendance on the general assembly, or for a reasonable time in going thereto or returning home, except it be for treason, felony, or breach of the peace; nor shall any member be liable to answer for anything spoken in debate in either house, in any court or place elsewhere.

This Constitution was framed by a convention which assembled at Augusta November 4, 1788, and adjourned November 24, 1788. The Constitution was submitted to a Convention called for the purpose of ratifying or rejecting it, which met January 4, 1789. It proposed amendments, which were submitted to a convention which met May 4, 1789, and adjourned May 6, 1789. This Convention framed amendments but did not submit them to the people. Verified by "The Constitution of Georgia of 1789," printed in "Digest of Laws of the State of Georgia, by Robert and George Watkins, Philadelphia. Printed by R. Aitkin, 1800. pp. 25-31

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SEC. 15. The members of the senate and house of representatives shall take t? following oath or affirmation: "I, A B, do solemnly swear (or affirm, as the ca may be that I have not obtained my election by bribery, or other uniawia means; and that I will give my vote on all questions that may come before r • as a senator, (or representative,) in such manner as, in my judgment, will last promote the good of this State; and that I will bear true faith and allegiance to the same, and to the utmost of my power observe, support, and defend ta constitution thereof."

SEC. 16. The general assembly shall have power to make all laws and ordinan which they shall deem necessary and proper for the good of the State, which sl not be repugnant to this constitution.

SEC. 17. They shall have power to alter the boundaries of the present courtes and to lay off new ones, as well out of the counties already laid off, as out of the other territory belonging to the State. When a new county or counties shall 1laid off, out of any of the present county or counties, such new county or counts shall have their representation apportioned out of the number of the representi tives of the county or counties out of which it or they shall be laid out: at when any new county shall be laid off in the vacant territory belonging to ta State, such county shall have a number of representatives, not exceeding thre to be regulated and determined by the general assembly. And no money shall ► drawn out of the treasury, or from the public funds of this State, except h; appropriations made by law.

SEC. 18. No clergyman of any denomination shall be a member of the generi assembly.

CONSTITUTION: HAWAII

of his presence or absence while employed inthe service of the United States, or while engaged in navigation or while a student at any institution of learning.

REGISTRATION, VOTING

Section 4. The legislature shall provide for the registration of voters and fr absentee voting; and shall prescribe the method of voting at all electionSecrecy of voting shall be preserved.

ELECTIONS

Section 5. General elections shall be held on the first Tuesday after the first Monday in November in all even numbered years. Special elections may be held in accordance with law. Contested elections shall be determined by a cour of competent jurisdiction in such manner as shall be provided by law.

Election contests. Chapter 11, part 1A.

ARTICLE III

THE LEGISLATURE

LEGISLATIVE POWER

Section 1. The legislative power of the State shall be vested in a legislature. which shall consist of two houses, a senate and a house of representatives. Suc power shall extend to all rightful subjects of legislation not inconsistent wi this constitution or the Constitution of the United States.

Referred to: 44 H. 651, 361 P. 2d 390.

Referendum not authorized, but local option law permissible. Advisory referendum al permissible. Att. Gen. Op. 63–11.

SENATE; DISTRICTS; COMPOSITION

Section Two. The senate shall be composed of twenty-five members, who sha be elected by the qualified voters of the respective senatorial districts. The districts, and the number of senators to be elected from each, shall be as follows:

First senatorial district: that portion of the island of Hawaii known as Puna Hilo and Hamakua, five;

Second senatorial district: that portion of the island of Hawaii known as Kau, Kona, and Kohala, two;

Third senatorial district: the islands of Maui, Molokai, Lanai and Kahoolawe, five;

Fourth senatorial district: that portion of the island of Oahu lying east and south of Nuuanu Street and Pali Road and the upper ridge of the Koolau Range from the Nuuanu Pali to Makapuu Point and all other islands not specifically enumerated, five;

Fifth senatorial district: that portion of the island of Oahu lying west and north of the fourth senatorial district, five; and

Sixth senatorial district: the islands of Kauai and Niihau, three.

HOUSE OF REPRESENTATIVES; COMPOSITION

Section Three. The house of representatives shall be composed of fifty-one members, who shall be elected by the qualified voters of the respective representative districts. Until the next reapportionment, the representative districts and the number of representatives to be elected from each shall be as set forth in the Schedule.

REAPPORTIONMENT OF HOUSE

Section Four. On or before June 1 of the year 1959, and of each tenth year thereafter, the governor shall reapportion the members of the house of representatives in the following manner: The total number of representatives shall first be reapportioned among four basic areas namely, (1) the islands of Hawaii, (2) the islands of Maui, Molokai, Lanai and Kahoolawe, (3) the island of Oahu and all other islands not specifically enumerated, and (4) the islands of Kauai and Niihau, on the basis of the number of voters registered at the last preceding general election in each of such basic areas and computed by the method known as the method of equal proportions, no basic area to receive less than one member. Upon the determination of the total number of representatives to which each basic area is entitled, such total shall be reapportioned among the one or more representative districts within each basic area on the basis of the number of voters registered at the last preceding general election within each of such representative districts and computed by the method known as the method of equal proportions, no representative district to receive less than one member. Upon any reapportionment, should the total number of voters registered in any representative district be less than one-half of the quotient obtained by dividing the total number of voters registered in the State by the total number of members to which the house is entitled, then, as part of such reapportionment, the basic area within which such representative district lies shall be redistricted by the governor in such manner that the total number of voters registered in each new representative district therein shall be more than one-half of such quotient. The governor shall thereupon issue a proclamation showing the results of such reapportionment, and such reapportionment shall be effective for the election of members to such house for the next five succeeding legislatures.

MANDAMUS

Original jurisdiction is hereby vested in the supreme court of the State to be exercised on the application of any registered voter, made within thirty days following the date specified above, to compel, by mandamus or otherwise, the governor to perform the above duty; and made within thirty days following the date of such proclamation, to compel, by mandamus or otherwise, the correction of any error made in such reapportionment.

Provisions applicable to first state elections held pursuant to sections 6 and 7(a) of Hawaii Admission Act, 73 Stat. 4, P. L. 86-3. 43 H. 261.

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SESSIONS

Section 11. Regular sessions of the legislature shall be held annually. The governor may convene the legislature, or the senate alone, in special session. Al sessions shall be held at the capital of the State. In case of the capital shall be unsafe, the governor may direct that any session shall be held at some other place. Regular sessions in odd numbered years shall be known as "general

ses

provide for the election of delegates at a special election.

Notwithstanding any provision in this constitution to the contrary, other than Section 3 of Article XIV, any qualified voter of the district concerned shall be eligible to membership in the convention.

Unless the legislature shall otherwise provide, there shall be the same number of delegates to such convention, who shall be elected from the same areas, and the convention shall be convened in the same manner, as nearly as practicable. as required for the Hawaii State Constitutional Convention of 1950.

ORGANIZATION; PROCEDURE

The convention shall determine its own organization and rules of procedure. It shall be the sole judge of the elections, returns and qualifications of its members and, by a two-thirds vote, may suspend or remove any member for cause. The governor shall fill any vacancy by appointment of a qualified voter from the district concerned.

RATIFICATION; APPROPRIATIONS

The convention shall provide for the time and manner in which the proposed constitutional revision or amendments shall be submitted to a vote of the electorate, but no such revision or amendments shall be effective unless approved at a general election by a majority of all the votes tallied upon the question, such majority constituting at least thirty-five percent of the total vote cast at such election, or at a special election by a majority of the total vote tallied upon such question, such majority constituting at least thirty-five percent of the total nunber of registered voters; provided, that no constitutional amendment altering this proviso or the representation from any senatorial district in the senate shau become effective unless it shall also be approved by a majority of the votes tallied upon the question in each of a majority of the counties.

The provisions of this section shall be self-executing, but the legislature shall make the necessary appropriations and may enact legislation to facilitate thei operation.

AMENDMENTS PROPOSED BY LEGISLATURE

SECTION 3. The legislature may propose amendments to the constitution by adopting the same, in the manner required for legislation, by a two-thirds vote of each house on final reading at any session, after either or both houses shall have given the governor at least ten days' written notice of the final form of the proposed amendment, or, with or without such notice, by a majority vote of each house on final reading at each of two successive sessions.

Upon such adoption, the proposed amendments shall be entered upon the journals, with the ayes and noes, and published once in each of four successive weeks in at least one newspaper of general circulation in each senatorial district wherein such a newspaper is published, within the two months' period immediately preceding the next general election.

At such general election the proposed amendments shall be submitted to the electorate for approval or rejection upon a separate ballot.

The conditions of and requirements for ratification of such proposed amend ments shall be the same as provided in Section 2 of this article for ratification at a general election.

VETO

SECTION 4. No proposal for amendment of the constitution adopted in either manner provided by this article shall be subject to veto by the governor.

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