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

urer, auditor,

general by the

filled.

ART. XVII. The secretary, treasurer and receiver- Election of general, auditor, and attorney-general, shall be chosen secretary, treas. annually, on the day in November prescribed for the and attorney. 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 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 inhabitant of this commonwealth five years next preceding his election or appointment.

in ten days,

to be deemed vacant.

requisite.

not to be ap

For original

ART. XVIII. All moneys raised by taxation in the School moneys towns and cities for the support of public schools, and plied for sectaall moneys which may be appropriated by the state for rian schools. 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.

schools, see

Part First, Art.

12 Allen, 500,

508.

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

the election of ters of probate,

sheriffs, regis.

etc., by the
people.
8 Gray, 1.
13 Gray, 74.

110 Mass. 172,
173.

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

For other quali-
fications, see
amendments,
Art. III.

See also amend

ments, Art.

XXIII., which

was annulled by amendments, Art. XXVI.

Census of legal voters and of inhabitants, when taken, etc.

ART. XIX. The legislature shall prescribe, by general law, for the election of sheriffs, registers of probate, commissioners of insolvency, and clerks of the courts, by the people of the several counties, and that district-attorneys shall be chosen by the people of the several districts, for such term of office as the legislature shall prescribe.

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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, however, that the provisions of this amendment shall not apply to any person prevented by a physical disability from complying with its requisitions, nor to any person who now has the right to vote, nor to any persons who shall be sixty years of age or upwards at the time this amendment shall take effect.

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. S. c. 31. returned into the office of the secretary of the commonwealth, 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 representatives to consist of 240 members. Legislature to

The house of representatives shall consist of two hundred and forty members, which shall be apportioned by the legislature, at its first session after the return of each Apprenumeration as aforesaid, to the several counties of the

10 Gray, 613.

commonwealth, equally, as nearly as may be, according to their relative numbers of legal voters, 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 ;

certifyto officers

division to be

in August.

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 122 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.]

representatives.

numbered,

amendments,

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. S. 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.

bers.

Senatorial districts, etc.

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 thereafter. In the census aforesaid, a special enuyear meration 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 senators for the periods between the taking of the Senate to consist census. The senate shall consist of forty members. The of forty memgeneral court shall, at its first session after each next preceding special enumeration, divide the commonwealth into 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 cease to be an inhabitant of the commonwealth. [Not less than sixteen senators shall 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.]

See amend. ments, Art. XXIV.

of senators.

Quorum, see amendments, Art. XXXIII.

Residence of

two years re

ralized citizens,

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

frage or make

This article annulled by

Art. XXVI.

Vacancies in the senate.

Vacancies in the council.

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.]

ART. XXIV. Any vacancy in the senate 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

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.

article of amend.

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.

to VI., relating to officers of Har

Art. II., Chap.

annulled.

Art. XXXI.

ART. XXVII. So much of article two of chapter six Provisions of of the constitution of this commonwealth as relates persons holding the office of president, professor, or 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 cincts in 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.

until six months

ART. XXX. No person, otherwise qualified to vote in Voters not diselections for governor, lieutenant-governor, senators, and qualed by reason of change 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.

removal.

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