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filled.

manner provided in the constitution for the choice of such officers.

ART. XVII. The secretary, treasurer and receiver- Election of general, auditor, and attorney-general, shall be chosen urer, auditor, annually, on the day in November prescribed for the and attorney

by choice of governor; and each person then chosen as such, people. duly qualified in other respects, shall hold his office for the term of one year from the third Wednesday in January next thereafter, and until another is chosen and qualified in his stead. The qualification of the voters, the manner of the election, the return of the votes, and the declaration of the election, shall be such as are required in the election of governor. In case of a failure to elect Vacancies, how either of said officers on the day in November aforesaid, or in case of the decease, in the mean time, of the person elected as such, such officer shall be chosen on or before the third Wednesday in January next thereafter, from the two persons who had the highest number of votes for said offices on the day in November aforesaid, by joint ballot of the senators and representatives, in one room; and in case the office of secretary, or treasurer and receivergeneral, or auditor, or attorney-general, shall become vacant, from any cause, during an annual or special session of the general court, such vacancy shall in like manner be filled by choice from the people at large ; but if such vacancy shall occur at any other time, it shall be supplied by the governor by appointment, with the advice and consent of the council. The person so chosen or appointed, duly qualified in other respects, shall hold his office until his successor is chosen and duly qualified in his stead. In case any person chosen or appointed to either of the To qualify with. offices aforesaid, shall neglect, for the space of ten days otherwise office after he could otherwise enter upon his duties, to qualify facando himself in all respects to enter upon the discharge of such duties, the office to which he has been elected or appointed shall be deemed vacant. No person shall be eligible to Qualification either of said offices unless he shall have been an inhabit- requisite. ant of this commonwealth five years next preceding his election or appointment.

Art. XVIII. All moneys raised by taxation in the school moneys towns and cities for the support of public schools, and plied for secta. all moneys which may be appropriated by the state for For ochood the support of common schools, shall be applied to, and provision as to expended in, no other schools than those which are con- constitution ducted according to law, under the order and superintend- III.

Part First, Art.

508.

110 Mass. 172, 173.

121 Mass. 65.

tution in English
and writing,
necessary quali.
fications of
voters.
Proviso.

tications, see amendments, Art. III.

amendments, Art. XXVI.

voters and of inhabitants, when taken, etc.

12 Allen, 500,

ence of the authorities of the town or city in which the 103 Mass. 94, 96, money is to be expended; and such moneys shall never

be appropriated to any religious sect for the maintenance,

exclusively, of its own school. Legislature to prescribe for

Art. XIX. The legislature shall prescribe, by general the election of law, for the election of sheriff's, registers of probate, comters of probate, missioners of insolvency, and clerks of the courts, by the people. people of the several counties, and that district-attorneys 8 Gray, 1. 13 Gray, 74. shall be chosen by the people of the several districts, for such term of office as the legislature shall prescribe.

117 Mass. 602, 603. Reading consti.

Art. XX. No person shall have the right to vote, or be eligible to office under the constitution of this commonwealth, who shall not be able to read the constitution in

the English language, and write his name : provided, howFor other quali.

ever, that the provisions of this amendment shall not apply

to any person prevented by a physical disability from comSee also amend- plying with its requisitions, nor to any person who now XXIII., which has the right to vote, nor to any persons who shall be was annulled by sixty years

of age or upwards at the time this amendment shall take effect. Census of legal

ART. XXI. A census of the legal voters of each city

and town, on the first day of May, shall be taken and See P. 8. c. 31. returned into the office of the secretary of the common

wealth, on or before the last day of June, in the year one thousand eight hundred and fifty-seven ; and a census of the inhabitants of each city and town, in the year one thousand eight hundred and sixty-five, and of every tenth year thereafter. In the census aforesaid, a special enumeration shall be made of the legal voters; and in each city, said enumeration shall specify the number of such legal voters aforesaid, residing in each ward of such city. The enumeration aforesaid shall determine the apportionment of representatives for the periods between the taking of

the census. House of repre.

The house of representatives shall consist of two hun

dred and forty members, which shall be apportioned by Legislature to the legislature, at its first session after the return of each apportion, etc. 10 Gray, 613. enumeration as aforesaid, to the several counties of the

commonwealth, equally, as nearly as may be, according to their relative numbers of legal yoters, as ascertained by the next preceding special enumeration; and the town of Cohasset, in the county of Norfolk, shall, for this purpose, as well as in the formation of districts, as hereinafter provided, be considered a part of the county of Plymouth;

sentatives to consist of 240 members.

and it shall be the duty of the secretary of the common- Secretary shall wealth, to certify, as soon as may be after it is determined authorized to by the legislature, the number of representatives to which divide counties. each county shall be entitled, to the board authorized to divide each county into representative districts. The mayor and aldermen of the city of Boston, the county commissioners of other counties than Suffolk, — or in lieu of the mayor and aldermen of the city of Boston, or of the county commissioners in each county other than Suffolk, such board of special commissioners in each county, to be elected by the people of the county, or of the towns therein, as may for that purpose be provided by law,shall, on the first Tuesday of August next after each Meeting for assignment of representatives to each county, assemble at first Tuesday a shire town of their respective counties, and proceed, as Proceedings. soon as may be, to divide the same into representative districts of contiguous territory, so as to apportion the representation assigned to each county equally, as nearly as may be, according to the relative number of legal voters in the several districts of each county; and such districts shall be so formed that no town or ward of a city shall be divided therefor, nor shall any district be made which shall be entitled to elect more than three representatives. Every representative, for one year at least next preceding Qualifications of his election, shall have been an inhabitant of the district 129 Mass. 595, for which he is chosen, and shall cease to represent such 598. district when he shall cease to be an inhabitant of the commonwealth. The districts in each county shall be Districts to be numbered by the board creating the same, and a descrip- described and tion of each, with the numbers thereof and the number of certified. legal voters therein, shall be returned by the board, to the secretary of the commonwealth, the county treasurer of each county, and to the clerk of every town in each district, to be filed and kept in their respective offices. The manner of calling and conducting the meetings for the choice of representatives, and of ascertaining their election, shall be prescribed by law. [Not less than one Quorum, see hundred members of the house of representatives shall Art. XXXIII. constitute a quorum for doing business; but a less number may organize temporarily, adjourn from day to day, and compel the attendance of absent members. ]

ART. XXII. A census of the legal voters of each city Census, etc. and town, on the first day of May, shall be taken and See P. 8. c. 31. returned into the office of the secretary of the commonwealth, on or before the last day of June, in the year one

.

Voters to be basis of apportionment of senators.

of forty men. bers.

districts, etc.

See amend. ments, Art. XXIV.

of senators.

thousand eight hundred and fifty-seven; and a census of the inhabitants of each city and town, in the year one thousand eight hundred and sixty-five, and of every tenth year thereafter.

In the census aforesaid, a special enumeration shall be made of the legal voters, and in each city said enumeration shall specify the number of such legal voters aforesaid, residing in each ward of such city. The enumeration aforesaid shall determine the apportion

ment of senators for the periods between the taking of the Senate to consist census. The senate shall consist of forty members. The

general court shall, at its first session after each next pre

ceding special enumeration, divide the commonwealth into Senatorial

forty districts of adjacent territory, each district to contain, as nearly as may be, an equal number of legal voters, according to the enumeration aforesaid : provided, however, that no town or ward of a city shall be divided therefor; and such districts shall be formed, as nearly as may be,

without uniting two counties, or parts of two or more Qualifications counties, into one district. Each district shall elect one

senator, who shall have been an inhabitant of this commonwealth five years at least immediately preceding his election, and at the time of his election shall be an inhabitant of the district for which he is chosen; and he shall

cease to represent such senatorial district when he shall Quorum, see cease to be an inhabitant of the commonwealth. Not less

than sixteen senators shall constitute il quorum for doing business; but a less number may organize temporarily, adjourn from day to day, and compel the attendance of absent members.]

ART. XXIII. [No person of foreign birth shall be enquired of natu. titled to vote, or shall be eligible to office, unless he shall to entitle to suf. have resided within the jurisdiction of the United States eligible to office. for two years subsequent to his naturalization, and shall This article

be otherwise qualified, according to the constitution and laws of this commonwealth : provided, that this amendment shall not affect the rights which any person of foreign birth possessed at the time of the adoption thereof; and, provided, further, that it shall not affect the rights of any child of a citizen of the United States, born during the

temporary absence of the parent therefrom.] Vacancies in the

ART. XXIV. Any vacancy in the senaté shall be filled by election by the people of the unrepresented district, upon the order of a majority of the senators elected.

ART. XXV. In case of a vacancy in the council, from a failure of election, or other cause, the senate and house

amendments, Art. XXXIII.

Residence of two years re

annulled hy Art. XXVI.

senate.

Vacancies in the council.

of representatives shall, by concurrent vote, choose some eligible person from the people of the district wherein such vacancy occurs, to fill that office. If such vacancy shall happen when the legislature is not in session, the governor, with the advice and consent of the council, may fill the same by appointment of some eligible person.

Art. XXVI. The twenty-third article of the articles Twenty-third of amendment of the constitution of this commonwealth, ments annulled. which is as follows, to wit : “ No person of foreign birth shall be entitled to vote, or shall be eligible to office, unless he shall have resided within the jurisdiction of the United States for two years subsequent to his naturalization, and shall be otherwise qualified, according to the constitution and laws of this commonwealth : provided, that this amendment shall not affect the rights which any person of foreign birth possessed at the time of the adoption thereof; and provided, further, that it shall not affect the rights of any child of a citizen of the United States, born during the temporary absence of the parent therefrom,” is hereby wholly annulled.

ART. XXVII. So much of article two of chapter six Provisions of of the constitution of this commonwealth as relates to vi., relating to persons holding the office of president, professor, or gara e college; instructor of Harvard College, is hereby annulled.

ART. XXVIII. No person having served in the army Superseded by or navy of the United States in time of war, and having been honorably discharged from such service, if otherwise qualified to vote, shall be disqualified therefor on account of being a pauper; or, if a pauper, because of the nonpayment of a poll-tax.

Art. XXIX. The general court shall have full power Voting preand authority to provide for the inhabitants of the towns in this Commonwealth more than one place of public meeting within the limits of each town for the election of officers under the constitution, and to prescribe the manner of calling, holding and conducting such meetings. All the provisions of the existing constitution inconsistent with the provisions herein contained are hereby annulled.

ART. XXX. No person, otherwise qualified to vote in Votors not diselections for governor, lieutenant-governor, senators, and qualified by representatives, shall, by reason of a change of residence of residence within the Commonwealth, be disqualified from voting for from time of said officers in the city or town from which he has removed his residence, until the expiration of six calendar months from the time of such removal.

annulled.

Art. XXXI.

cincts in towns.

until six months

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