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3-9-9 |
Ch. 3 — ELECTIONS |
Contested Elections |
Same; Presentation of Notice of Contest to Legislature |
The notice of contest shall be presented to the proper branch of the legislature, within ten days after its meeting. |
Proofed
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3-9-10 |
Ch. 3 — ELECTIONS |
Contested Elections |
Same; Decision of Tie Vote |
If it be ascertained that an equal number of legal votes was given for the contestant and the person returned, the senate or the house of delegates, as the case… |
Proofed
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3-9-11 |
Ch. 3 — ELECTIONS |
Contested Elections |
Certain State Officers and Judges; Notice; Depositions |
If the election of governor, secretary of state, treasurer, auditor, state superintendent of free schools, attorney general, commissioner of agriculture, a judg… |
Proofed
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3-9-12 |
Ch. 3 — ELECTIONS |
Contested Elections |
Governor; Reference to Joint Committee; Hearing of Contest |
When the election of governor is contested, the notice of contest and the depositions shall be referred to a joint committee of the two houses, for examination … |
Proofed
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3-9-13 |
Ch. 3 — ELECTIONS |
Contested Elections |
Other State Officers and Judges; Special Court; Procedure |
Where the election of secretary of state, auditor, treasurer, state superintendent of free schools, attorney general, commissioner of agriculture, or of a judge… |
Proofed
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3-9-14 |
Ch. 3 — ELECTIONS |
Contested Elections |
Correction of Returns as to Illegal or Rejected Votes |
Though illegal votes be received, or legal votes be rejected, at any place of voting, the returns of the votes taken at such place shall not be set aside for th… |
Proofed
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3-9-15 |
Ch. 3 — ELECTIONS |
Contested Elections |
Cost of Contested Elections |
The cost of every contested election shall include only the expenses of serving notices, taking depositions and the allowance to witnesses; and shall be noted a… |
Proofed
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3-10-1 |
Ch. 3 — ELECTIONS |
Filling Vacancies |
Elections to Fill Vacancies in Office |
Elections to fill vacancies shall be for the unexpired term, and shall be held at the same places, and superintended, conducted and returned, and the result asc… |
Proofed
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3-10-2 |
Ch. 3 — ELECTIONS |
Filling Vacancies |
Presidential Electors |
If, by ten o ’clock in the forenoon of the day appointed by the congress of the United States for the election of a president and a vice president by the presid… |
Proofed
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3-10-3 |
Ch. 3 — ELECTIONS |
Filling Vacancies |
Vacancy in Office of Governor |
In case of the death, conviction or impeachment, failure to qualify, resignation or other disability of the governor, the president of the senate shall act as g… |
Proofed
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3-10-4 |
Ch. 3 — ELECTIONS |
Filling Vacancies |
Other State Officers; United States Senator; Judge of the Supreme, or of a Circuit or Inferior, Court |
Any vacancy occurring in the office of secretary of state, auditor, treasurer, attorney general, superintendent of free schools, commissioner of agriculture, Un… |
Proofed
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3-10-5 |
Ch. 3 — ELECTIONS |
Filling Vacancies |
Vacancy in Representation in Congress |
If there be a vacancy in the representation from this State in the house of representatives in the congress of the United States, the governor shall, within ten… |
Proofed
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3-10-6 |
Ch. 3 — ELECTIONS |
Filling Vacancies |
Senate; House of Delegates |
Any vacancy in the office of state senator or member of the house of delegates shall be filled by appointment by the governor, in each instance from a list of t… |
Proofed
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3-10-7 |
Ch. 3 — ELECTIONS |
Filling Vacancies |
Clerk of Circuit Court |
When a vacancy occurs in the office of clerk of the circuit court, the circuit court, or the judge thereof in vacation, shall fill the same by appointment until… |
Proofed
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3-10-8 |
Ch. 3 — ELECTIONS |
Filling Vacancies |
County Commissioner; Clerk of County Court; Justice; Constable |
Any vacancy in the office of a county court commissioner, clerk of the county court, justice or constable, shall be filled by the county court of the county, un… |
Proofed
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3-10-9 |
Ch. 3 — ELECTIONS |
Filling Vacancies |
County Superintendent of Schools; Board of Education |
Any vacancy in the office of county superintendent of schools shall be filled by the presidents of the district boards of education of the county until the next… |
Proofed
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3-10-10 |
Ch. 3 — ELECTIONS |
Filling Vacancies |
Prosecuting Attorney; Sheriff; Assessor; Surveyor |
Any vacancy occurring in the office of prosecuting attorney, sheriff, assessor or county surveyor, shall be filled by appointment until the next general electio… |
Proofed
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3-10-11 |
Ch. 3 — ELECTIONS |
Filling Vacancies |
Vacancy in Appointive Office; Recess Appointment |
In case of a vacancy, during the recess of the senate, in any office which is filled by appointment by the governor and confirmation by the senate, the governor… |
Proofed
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4-1-1 |
Ch. 4 — THE LEGISLATURE |
Officers, Members and Employees; Appropriations; Investigations |
Compensation and Mileage of Members of Legislature |
Members of the senate and house of delegates in the legislature of the State shall each receive for his services a salary of five hundred dollars a year; and in… |
Proofed
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4-1-2 |
Ch. 4 — THE LEGISLATURE |
Officers, Members and Employees; Appropriations; Investigations |
Appropriations |
No money shall be appropriated by resolution of either house, or by joint resolution of the legislature; but when any money has been appropriated by law, the ap… |
Proofed
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4-1-3 |
Ch. 4 — THE LEGISLATURE |
Officers, Members and Employees; Appropriations; Investigations |
Suits Against Members of the Legislature |
Any suit may be commenced and prosecuted against a member of the legislature, if his person be not taken into custody or imprisoned. But no trial shall be had o… |
Proofed
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4-1-4 |
Ch. 4 — THE LEGISLATURE |
Officers, Members and Employees; Appropriations; Investigations |
Compelling Members to Attend |
Either a house, or a less number than a quorum thereof, when assembled at the time and place of meeting, may, by order or resolution, direct such of its members… |
Proofed
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4-1-5 |
Ch. 4 — THE LEGISLATURE |
Officers, Members and Employees; Appropriations; Investigations |
Authority to Summon Witnesses; Punishment for Contempt |
When the senate or house of delegates, or a committee of either house, authorized to examine witnesses, or to send for persons and papers, shall order the atten… |
Proofed
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4-1-6 |
Ch. 4 — THE LEGISLATURE |
Officers, Members and Employees; Appropriations; Investigations |
Authority to Administer Oaths |
The presiding officer or clerk of either house may administer the oaths of office to any member or officer of such house, and the oath to any witness to be exam… |
Proofed
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4-1-7 |
Ch. 4 — THE LEGISLATURE |
Officers, Members and Employees; Appropriations; Investigations |
Flag Displayed During Sessions |
While either house is in session, the flag of the Union shall be kept suspended over the place of session. |
Proofed
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4-1-8 |
Ch. 4 — THE LEGISLATURE |
Officers, Members and Employees; Appropriations; Investigations |
Officers and Employees |
Each house of the legislature shall, at the commencement of each regular session thereof, elect a clerk, a sergeant-at-arms and a doorkeeper. The terms of offic… |
Proofed
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4-1-9 |
Ch. 4 — THE LEGISLATURE |
Officers, Members and Employees; Appropriations; Investigations |
Assistant Clerks; Committee Clerks to Assist |
Whenever it may be necessary, the clerk of the senate may appoint one assistant, and the clerk of the house of delegates not exceeding three assistants, and suc… |
Proofed
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4-1-10 |
Ch. 4 — THE LEGISLATURE |
Officers, Members and Employees; Appropriations; Investigations |
Powers and Duties of Officers |
The officers of each house shall respectively have such powers and perform such duties as are conferred upon or required of them by law, or by the rules or orde… |
Proofed
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4-1-11 |
Ch. 4 — THE LEGISLATURE |
Officers, Members and Employees; Appropriations; Investigations |
Vacancy in Clerkships |
A vacancy in the office of clerk of the senate or clerk of the house of delegates, happening when the legislature is not in session, shall be filled by appointm… |
Proofed
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4-1-12 |
Ch. 4 — THE LEGISLATURE |
Officers, Members and Employees; Appropriations; Investigations |
Custody of Journals and Documents; Copies |
The journals, papers and documents of each house shall be in the custody of its clerk, and copies thereof may be certified by him. |
Proofed
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4-1-13 |
Ch. 4 — THE LEGISLATURE |
Officers, Members and Employees; Appropriations; Investigations |
Clerk of House; Keeper of the Rolls; Duties as to Acts; Copies; Printing |
The clerk of the house of delegates shall be the keeper of the rolls, and for his duties as such he shall receive three hundred dollars in addition to his salar… |
Proofed
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4-1-14 |
Ch. 4 — THE LEGISLATURE |
Officers, Members and Employees; Appropriations; Investigations |
Copies of Enrolled Bills for Courts; Effect |
The clerk of the senate and the clerk of the house of delegates, acting jointly, shall mail, to the judges of the supreme court of appeals and judges of the cir… |
Proofed
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4-1-15 |
Ch. 4 — THE LEGISLATURE |
Officers, Members and Employees; Appropriations; Investigations |
Fees of Clerks for Copying or Recording |
For any copying or recording (other than that mentioned in section twelve of this article and such as he is required to do for the legislature, or either house,… |
Proofed
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4-1-16 |
Ch. 4 — THE LEGISLATURE |
Officers, Members and Employees; Appropriations; Investigations |
Index to Journal and Printing Same |
The clerk of the senate and house of delegates shall each, at the end of every session of the legislature, prepare indexes to their respective journals, and cau… |
Proofed
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5-1-1 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
The Governor |
Arrest or Deportation of Persons During War |
The governor may cause to be apprehended and imprisoned, or may compel to depart from this State, all suspicious subjects, citizens, agents or emissaries of any… |
Proofed
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5-1-2 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
The Governor |
Persons Aiding Enemy |
He may also cause to be apprehended and imprisoned all who in time of war, insurrection or public danger shall willfully give aid, support or information to the… |
Proofed
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5-1-3 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
The Governor |
Ascertainment of Information in Such Cases |
In order to obtain information in such cases, the governor may send for the person and papers of any one whom he shall believe to be subject to the last two sec… |
Proofed
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5-1-4 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
The Governor |
Warrants of Governor Under Preceding Sections |
Any warrant or order of the governor, under the three preceding sections, may be directed to any sheriff or other officer, civil or military, and shall be execu… |
Proofed
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5-1-5 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
The Governor |
Discharge From Arrest; Bond |
Any person so apprehended or imprisoned may, at the discretion of the governor, be discharged upon giving bond with satisfactory security to leave the State and… |
Proofed
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5-1-6 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
The Governor |
Fugitives From Foreign Nations |
The governor, whenever required by the executive authority of the United States pursuant to the Constitution and laws thereof, shall deliver over to justic… |
Proofed
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5-1-7 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
The Governor |
Fugitives From This or Other States or Territories |
The governor, in any case authorized by the Constitution of the United States, may, on demand, deliver over to the executive of any other state or territory any… |
Proofed
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5-1-8 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
The Governor |
Warrant for Fugitive |
Whenever any person shall be found within this State, charged with treason, felony or other crime committed in any other state, any justice may, upon com plaint… |
Proofed
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5-1-9 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
The Governor |
Recognizance of Person Charged; Forfeiture of Recognizance |
If it shall appear to the justice, before whom the person charged may be brought, that there is reasonable cause e to believe that the complaint is true, such p… |
Proofed
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5-1-10 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
The Governor |
Recognition or Commitment Communicated to Foreign Executive |
The justice by whom such person may be so recognized or committed shall immediately, by letter, apprise the governor of the fact, who shall thereupon communicat… |
Proofed
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5-1-11 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
The Governor |
Discharge, Commitment or Further Recognizance of Accused |
If the person so recognized or committed shall appear before the court upon the day ordered, he shall be discharged, unless he shall be demanded by some person … |
Proofed
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5-1-12 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
The Governor |
Costs of Proceedings |
The complainant in each case shall be answerable for all the actual costs and charges, and for the support in prison of any person so committed; and, if the cha… |
Proofed
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5-1-13 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
The Governor |
Detention of Fugitive for Offense Committed in This State |
No person under prosecution for any offense alleged to be committed within this State shall be delivered up to the executive authority of another state, or of t… |
Proofed
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5-1-14 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
The Governor |
Reward for Arrest of Criminal; Assault on or Assassination of Judge; Detectives |
The governor may offer a reward for apprehending and securing any person convicted of an offense or charged therewith who shall have escaped from prison, or for… |
Proofed
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5-1-15 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
The Governor |
Return on Warrant Issued by Governor |
Every officer to whom any order or warrant of the governor is directed shall make return thereof to the secretary of state, who shall preserve the same in his o… |
Proofed
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5-1-16 |
Ch. 5 — GENERAL POWERS AND DUTIES OF THE GOVERNOR, SECRETARY OF STATE AND ATTORNEY GENERAL; BOARD OF PUBLIC WORKS |
The Governor |
Remission of Fines and Penalties; Commutation; Reprieves; Paroles; Pardons |
The governor shall have power to remit fines and penalties, in such cases and under such regulations as now are or may be prescribed by law; to commute capital … |
Proofed
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