2305 Resolves of the Commonwealth of Massachusetts relating to amending the state Constitution, April 24, 1855

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(90MM0MVn1t1J of IN THE YEAR ONE THOUSAND EIGHT HUNDRED AND FIFTY—FIVE, ItESOLVES RELATING TO THE .PROPOSED ARTICLES OF AMENDMENT OF THE CONSTITUTION. Resolved, That the following Articles of Amendment of the Constitution, having been agreed to by the last and present General Courts, and published in the manner required by the Constitution, be submitted to the people for their ratification and adoption. FIRST ARTICLE OF AMENDMENT. In all elections of civil officers by the people of this Commonwealth,whose election is provided for by the Constitu- tion, the person having the highest number of votes shall be deemed and declared to be elected. SECOND ARTICLE OF AMENDMENT. The meeting for the choice of Governor, Lieutenant-Governor, Senators and Representatives, shall be held on the Tuesday next after the first Monday in November, annually ; but in case of a failure to elect Representatives on that day, a second meeting shall be holden for that purpose on the fourth Monday of the same month of November. THIRD ARTICLE OF AMENDMENT. Eight Councillors shall be annually chosen by the inhabitants of this Commonwealth, qualified to vote for Governor. The election of Councillors shall be determined by the same rule that is required in the election of Governor. The Legislature, at its first session after this amendment shall have been adopted, and at its first session after the next State census shall have been taken, and at its first session after each decennial State census thereafterwards, shall divide the Commonwealth into eight districts of contiguous territory, each containing a number of inhabitants as nearly equal as practicable, without dividing any town or ward of a city, and each entitled to elect one Councillor : provided, however, that if, at any time,the Constitution shall provide for the division of the Commonwealth into forty senatorial districts,then the Legislature shall so arrange the councillor districts that each district shall consist of five contiguous ssralwl;dl districts, as they shall be, from time to time, established by the Legislature. No person shall be elegible to the office of Councillor who has not been an inhabitant of the Commonwealth for the term of five years immediately preceding his election. The day and manner of the election, the return of the votes, and the declaration of the said elections, shall be the same as are required in the election of Governor. Whenever there shall be a failure to elect the full number of Coun- cillors, the vacancies shall be filled in the same manner as is required for filling vacancies in the Senate ; and vacan- cies occasioned by death, removal from the State, or otherwise, shall be filled in like manner, as soon as may be after such vacancies shall have happened. And that there may be no delay in the organization of the Government on the first Wednesday of January, the Governor, with at least five Councillors for the time being, shall, as soon as may be, examine the returned copies of the records for the election of Governor;Lieutenant-Governor,and Councillors ; and ten days before the said first Wednesday in January he shall issue his summons to such persons as appear to be chosen, to attend on that day to be qualified accordingly ; and the Secretary shall lay the returns before the Senate and House of Representatives on the said first Wednesday in January, to be by them examined ; and in case of the election of either of said officers, the choice shall be by them declared and published ; but in case there shall be no election of either of said officers, the Legislature shall proceed to fill such vacancies in the manner provided in the Constitution for the choice of such officers. FOURTH ARTICLE OF AMENDMENT. The Secretary, Treasurer, and Receiver-General, Auditor, and Attorney.General, shall be chosen annually, on the day in November prescribed for the.choice of Governor; and each person then chosen as such, 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 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 1d'ovember aforesaid, by joint ballot of the Senators and Representatives in one room ; and in case the office of Secretary, or Treasurer and Re- ceiver-General, or Auditor, or Attorney.General, shall become vacant from any cause during an annual or special ses- sion 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 con- sent 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 offices aforesaid, shall neglect, for the space of ten days 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 either of said offices unless he shall have been an inhabitant of this Commonwealth five years next preceding his election or appointment.