Slike strani
PDF
ePub

General warrants.

SEC. 19. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable seizures and searches, shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched and the person and things to be seized. [Constitution of 1849, Art. I, § 19.]

68 Cal. 284; 105 Cal. 606, 615; 126 Cal. 238.

Treason.

Sec. 20. Treason against the State shall consist only in levying war against it, adhering to its enemies, or giving them aid and comfort. No person shall be convicted of treason unless on the evidence of two witnesses to the same overt act, or confession in open court. [Constitution of 1819, Art. 1, $ 20.]

68 Cal. 177.

Special privileges, limitations on.

SEC. 21. No special privileges or immunities shall ever be granted which may not be altered, revoked, or repealed by the Legislature, nor shall any citizen, or class of citizens, be granted privileges or immunities which, upon the same terms, shall not be granted to all citizens.

60 Cal. 177, 189; 62 Cal. 539; 65 Cal. 35; 69 Cal. 151; 72 Cal. 389; 73 Cal. 371; 83 Cal. 396; 110 Cal. 652; 112 Cal. 415, 471; 114 Cal. 496; 118 Cal. 5; 127 Cal. 7; 129 Cal. 343; 137 Cal. 481 ; 143 Cal. 414, 573; 144 Cal. 173; 148 Cal. 265; 149 Cal. 400.

Constitution mandatory,

SEC. 22. The provisions of this Constitution are mandatory and prohibitory, unless by express words they are declared to be otherwise.

56 Cal. 655; 57 Cal. 609; 65 Cal. 271 ; 69 Cal. 492, 512; 83 Cal: 403, 494 ; 85 Cal. 624; 86 Cal. 50; 92 Cal. 316; 94 Cal. 608; 104 Cal. 351 ; 115 Cal. 548; 128 Cal. 247; 129 Cal. 403; 132 Cal. 219; 134 Cal. 296; 144 Cal. 387; 147 Cal. 582.

Rights retained by the people.

SEC. 23. This enumeration of rights shall not be construed to impair or deny others retained by the people. [Constitution of 1849, Art. I, $ 21.]

129 Cal. 347.

Property qualification forbidden.

Sec. 24. No property qualification shall ever be required for any person to vote or hold office.

92 Cal. 321; 117 Cal. 123; 123 Cal. 25.

ARTICLE II.

RIGHT OF SUFFRAGE.

[ocr errors]

Who may vote; who may not.

SECTION 1. Every native male citizen of the United States, every male person who shall have acquired the rights of citizenship under or by virtue of the treaty of Queretaro, and every male naturalized citizen thereof, who shall have become such ninety days prior to any election, of the age of twenty-one years, who shall have been resident of the State one year next preceding the election, and of the county in which he claims his vote ninety days, and in the election precinct thirty days, shall be entitled to vote at all elections which are now or may hereafter be authorized by law; provided, no native of China, no idiot, no insane person, no person convicted of any infamous crime, no person hereafter convicted of the embezzlement or misappropriation of public money, and no person who shall not be able to read the Constitution in the English language and write his name,

shall ever exercise the privileges of an elector in this State; provided, that the provisions of this amendment relative to an educational qualification 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 person who shall be sixty years of age and upwards at the time this amendment shall take effect. [Amendment adopted November 6, 1894.]

[Original Section.] SECTION 1. Every native male citizen of the United States, every male person who shall have acquired the rights of citizenship under or by virtue of the treaty of Queretaro, and every male naturalized citizen thereof, who shall have become such ninety days prior to any election, of the age of twenty-one years, who shall have been a resident of the State one year next preceding the election, and of the county in which he claims his vote ninety days, and in the election precinct thirty days, shall be entitled to vote at all elections which are now or may hereafter be authorized by law; provided, no native of China, no idiot, insane person, or person convicted of any infamous crime, and no person hereafter convicted of the embezzlement or misappropria-tion of public money, shall ever exercise the privileges of an elector in this State. [Constitution of 1849, Art. II, $ 1.]

78 Cal. 568; 83 Cal. 70-81; 84 Cal. 163; 91 Cal. 467; 92 Cal. 321 ; 117 Cal. 123; 120 Cal. 374; 127 Cal. 88; 136 Cal. 451 ; 145 Cal. 341; 146 Cal. 513.

Primary elections. Assemely hos. Page 241

Privileges of voters.

SEC. 2. Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest on the days of election, during their attendance at such election, going to and returning therefrom. [Constitution of 1849, Art. II, $ 2.]

page Sec. 24. The Legislature shall have the power to enact laws relative to the election of delegates to conventions of political parties at elections known and designated as primary elections. Also to determine the tests and conditions upon which electors, political parties, or organizations of voters, may participate in any such primary election, which tests or conditions may be different from the tests and conditions required and permitted at other elections authorized by law; or the Legislature may delegate the power to determine such tests or conditions, at primary elections, to the various political parties participating therein. It shall also be lawful for the Legislature to prescribe that any such primary election law shall be obligatory and mandatory in any city, or any city and county, or in any county, or in any political subdivision, of a designated population, and that such law shall be optional in any city, city and county, county, or political subdivision of a lesser population, and for such purpose such law may declare the population of any city, city and county, county; or political subdivision, and may also provide what, if any, compensation primary election officers in defined places or political subdivisions may receive, without making compensation either general or uniform. (New section; adopted November 6, 1900.]

146 Cal. 316.

Voters.not obliged to perform military duty on election day.

Sec. 3. No elector shall be obliged to perform militia duty on the day of election, except in time of war or public danger.

[Constitution of 1849, Art. II, $ 3.]

Residence of voters.

Sec. 4. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States; nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas; nor while a student at any seminary of learning; nor while kept in any almshouse or other asylum, at public expense; nor while confined in any public prison. [Constitution of 1849, Art. II, § 4.]

105 Cal. 462.

Elections to be by ballot or otherwise.

SEC. 5. All elections by the people shall be by ballot or by such other method as may be prescribed by law; provided, that secrecy in voting be preserved. [Amendment adopted November 3, 1896.]

(Original Section.] Sec. 5. All elections by the people shall be by ballot. [Constitution of 1849, Art. II, $ 6.]

136 Cal. 655; 146 Cal. 316.

Voting machines.

Sec. ok The inhibitions of this Constitution to the contrary notwithstanding, the Legislature shall have power to provide that in different parts of the State different methods may be employed for receiving and registering the will of the people as expressed at elections, and may provide that mechanical devices may be used within designated subdivisions of the State at the option of the local authority indicated by the Legislature for that purpose. [New section; adopted November 4, 1902.]

ARTICLE III.

DISTRIBUTION OF POWERS.

Three departments of government.

SECTION 1. The powers of the government of the State of California shall be divided into three separate departments—the legislative, executive, and judicial; and no person charged with the exercise of powers properly belonging to one of these departments shall exercise any functions appertaining to either of the others, except as in this Constitution expressly directed or permitted. [Constitution of 1849, Art. III, § 1.]

34 Cal. 520; 58 Cal. 624, 643; 61 Cal. 313, 323; 68 Cal. 196; 80 Cal. 211, 234; 93 Cal. 414; 102 Cal. 470; 106 Cal. 424; 126 Cal. 672; 127 Cal. 159; 129 Cal. 602; 140 Cal. 12; 146 Cal. 606, 607; 148 Cal. 631. App. R. 1, 67.

ARTICLE IV.

LEGISLATIVE DEPARTMENT.

Legislativo powers.

SECTION 1. The legislative power of this State shall be vested in Senate and Assembly, which shall be designated the Legislature of the State of California; and the enacting clause of every law shall be as follows: "The People of the State of California, represented in Senate and Assembly, do enact as follows." [Constitution of 1849, Art. IV, $ 1.]

55 Cal. 604; 56 Cal. 100,648; 57 Cal. 197; 63 Cal. 21; 79 Cal. 176; 83 Cal. 402; 88 Cal. 391; 92 Cal. 296, 307; 96 Cal. 291; 97 Cal. 600; 100 Cal. 121; 118 Cal. 568; 119 Cal. 428; 145 Cal. 686.

Sessions of the Legislature.

SEC. 2. The sessions of the Legislature shall commence at twelve o'clock m. on the first Monday after the first day of January next succeeding the election of its members, and after the election held in the year eighteen hundred and eighty shall be biennial, unless the Governor shall, in the interim, convene the Legislature by proclamation. No pay shall be allowed to members for a longer term than sixty days, except for the first session after the adoption of this Constitution, for which they may be allowed pay for one hundred days. And no bill shall be introduced in either house after the expiration of ninety days from the commencement of the first session, nor after fifty days after the commencement of each succeeding session, without the consent of two thirds of the members thereof. [Constitution of 1849, Art. IV, $ 2.]

56 Cal. 100; 96 Cal. 291; 114 Cal. 114; 130 Cal. 88; 146 Cal. 607.

« PrejšnjaNaprej »