Iowa Const. art. 12, § 40 — Iowa Constitution / Article 12 / Section 40
Nullification of administrative rules. The general assembly may nullify an
Status: in_force

Sec. 40. Nullification of administrative rules. The general assembly may nullify an 
adopted administrative rule of a state agency by the passage of a resolution by a majority of 
all of the members of each house of the general assembly. 
Added by Amendment 38 (1984) 
Referred to in Iowa Code §2B.5A, 3.6 

ARTICLE IV.

EXECUTIVE DEPARTMENT.

Section 1. Governor. The supreme executive power of this state shall be vested in a chief magistrate, who shall be styled the governor of the state of Iowa.

Sec. 2. Election and term. The governor and the lieutenant governor shall be elected by 
the qualified electors at the time and place of voting for members of the general assembly. 
Each of them shall hold office for four years from the time of installation in office and until a 
successor is elected and qualifies. 
Repealed and rewritten by Amendment 41 (1988) 
1988 repeal and rewrite was effective beginning with the 1990 general election 
Sec. 3. Governor and lieutenant governor elected jointly — returns of elections. The 
electors shall designate their selections for governor and lieutenant governor as if these two 
offices were one and the same. The names of nominees for the governor and the lieutenant 
governor shall be grouped together in a set on the ballot according to which nominee for 
governor is seeking office with which nominee for lieutenant governor, as prescribed by 
law. An elector shall cast only one vote for both a nominee for governor and a nominee for 
lieutenant governor. The returns of every election for governor and lieutenant governor 
shall be sealed and transmitted to the seat of government of the state, and directed to the 
speaker of the house of representatives who shall open and publish them in the presence of 
both houses of the general assembly. 
Repealed and rewritten by Amendment 41 (1988) 
1988 repeal and rewrite was effective beginning with the 1990 general election 
Statutory provisions, see Iowa Code §2.25 – 2.27, 50.31, and 50.35 

Sec. 4. Election by general assembly in case of tie — succession by lieutenant governor. The nominees for governor and lieutenant governor jointly having the highest number of votes cast for them shall be declared duly elected. If two or more sets of nominees

ART. IV, §4, CONSTITUTION OF THE STATE OF IOWA (CODIFIED) xiv

for governor and lieutenant governor have an equal and the highest number of votes for the 
offices jointly, the general assembly shall by joint vote proceed, as soon as is possible, to 
elect one set of nominees for governor and lieutenant governor. If, upon the completion by 
the general assembly of the canvass of votes for governor and lieutenant governor, it appears 
that the nominee for governor in the set of nominees for governor and lieutenant governor 
receiving the highest number of votes has since died or resigned, is unable to qualify, fails to 
qualify, or is for any other reason unable to assume the duties of the office of governor for 
the ensuing term, the powers and duties shall devolve to the nominee for lieutenant governor 
of the same set of nominees for governor and lieutenant governor, who shall assume the 
powers and duties of governor upon inauguration and until the disability is removed. If both 
nominees for governor and lieutenant governor are unable to assume the duties of the office 
of governor, the person next in succession shall act as governor. 
Repealed and rewritten by Amendment 41 (1988) 
1988 repeal and rewrite was effective beginning with the 1990 general election 

Sec. 5. Contested elections. Contested elections for the offices of governor and lieutenant governor shall be determined by the general assembly as prescribed by law. Repealed and rewritten by Amendment 41 (1988) 1988 repeal and rewrite was effective beginning with the 1990 general election Statutory provisions, see Iowa Code chapter 58

Sec. 6. Eligibility. No person shall be eligible to the office of governor, or lieutenant 
governor, who shall not have been a citizen of the United States, and a resident of the state, 
two years next preceding the election, and attained the age of thirty years at the time of said 
election. 
Sec. 7. Commander in chief. The governor shall be commander in chief of the militia, 
the army, and navy of this state. 
Sec. 8. Duties of governor. He shall transact all executive business with the officers of 
government, civil and military, and may require information in writing from the officers of 
the executive department upon any subject relating to the duties of their respective offices. 
Duty as to state accounts, see Iowa Code §70A.8 
Sec. 9. Execution of laws. He shall take care that the laws are faithfully executed. 
Sec. 10. Vacancies. When any office shall, from any cause, become vacant, and no mode 
is provided by the Constitution and laws for filling such vacancy, the governor shall have 
power to fill such vacancy, by granting a commission, which shall expire at the end of the 
next session of the general assembly, or at the next election by the people. 
Sec. 11. Convening general assembly. He may, on extraordinary occasions, convene 
the general assembly by proclamation, and shall state to both houses, when assembled, the 
purpose for which they shall have been convened. 
See also this codified Iowa Constitution, Art. III, §2 

Sec. 12. Message. He shall communicate, by message, to the general assembly, at every regular session, the condition of the state, and recommend such matters as he shall deem expedient. Sec. 13. Adjournment. In case of disagreement between the two houses with respect to the time of adjournment, the governor shall have power to adjourn the general assembly to such time as he may think proper; but no such adjournment shall be beyond the time fixed for the regular meeting of the next general assembly. Sec. 14. Disqualification. No persons shall, while holding any office under the authority of the United States, or this state, execute the office of governor, or lieutenant governor, except as hereinafter expressly provided.

xv CONSTITUTION OF THE STATE OF IOWA (CODIFIED), ART. IV, §21

Sec. 15. Terms — compensation. The official terms of the governor and lieutenant 
governor shall commence on the Tuesday after the second Monday of January next after 
their election and shall continue until their successors are elected and qualify. The governor 
and lieutenant governor shall be paid compensation and expenses as provided by law. The 
lieutenant governor, while acting as governor, shall be paid the compensation and expenses 
prescribed for the governor. 
Repealed and rewritten by Amendment 42 (1988) 
1988 repeal and rewrite was effective beginning with the second Monday in January 1991 

Sec. 16. Pardons — reprieves — commutations. The governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offences except treason and cases of impeachment, subject to such regulations as may be provided by law. Upon conviction for treason, he shall have power to suspend the execution of the sentence until the case shall be reported to the general assembly at its next meeting, when the general assembly shall either grant a pardon, commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall have power to remit fines and forfeitures, under such regulations as may be prescribed by law; and shall report to the general assembly, at its next meeting, each case of reprieve, commutation, or pardon granted, and the reasons therefor; and also all persons in whose favor remission of fines and forfeitures shall have been made, and the several amounts remitted.

Sec. 17. Lieutenant governor to act as governor. In case of the death, impeachment, 
resignation, removal from office, or other disability of the governor, the powers and duties of 
the office for the residue of the term, or until he shall be acquitted, or the disability removed, 
shall devolve upon the lieutenant governor. 
Referred to in Iowa Code §7.14 
Sec. 18. Duties of lieutenant governor. The lieutenant governor shall have the duties 
provided by law and those duties of the governor assigned to the lieutenant governor by the 
governor. 
Repealed and rewritten by Amendment 42 (1988) 
1988 repeal and rewrite was effective beginning with the second Monday in January 1991 
Sec. 19. Succession to office of governor and lieutenant governor. If there be a 
vacancy in the office of the governor and the lieutenant governor shall by reason of death, 
impeachment, resignation, removal from office, or other disability become incapable of 
performing the duties pertaining to the office of governor, the president of the senate shall 
act as governor until the vacancy is filled or the disability removed; and if the president 
of the senate, for any of the above causes, shall be incapable of performing the duties 
pertaining to the office of governor the same shall devolve upon the speaker of the house 
of representatives; and if the speaker of the house of representatives, for any of the above 
causes, shall be incapable of performing the duties of the office of governor, the justices 
of the supreme court shall convene the general assembly by proclamation and the general 
assembly shall organize by the election of a president by the senate and a speaker by the 
house of representatives. The general assembly shall thereupon immediately proceed to the 
election of a governor and lieutenant governor in joint convention. 
Repealed and rewritten by Amendment 42 (1988) 
1988 repeal and rewrite was effective beginning with the second Monday in January 1991 
Referred to in Iowa Code §7.14 

Sec. 20. Seal of state. There shall be a seal of this state, which shall be kept by the governor, and used by him officially, and shall be called the great seal of the state of Iowa. For a description of the great seal of Iowa, see Iowa Code chapter 1A

Sec. 21. Grants and commissions. All grants and commissions shall be in the name and by the authority of the people of the state of Iowa, sealed with the great seal of the state, signed by the governor, and countersigned by the secretary of state.

ART. IV, §22, CONSTITUTION OF THE STATE OF IOWA (CODIFIED) xvi

Sec. 22. Secretary — auditor — treasurer. A secretary of state, an auditor of state and a treasurer of state shall be elected by the qualified electors at the same time that the governor is elected and for a four-year term commencing on the first day of January next after their election, and they shall perform such duties as may be provided by law. Repealed and rewritten by Amendment 32 (1972)

ARTICLE V.

JUDICIAL DEPARTMENT.

Section 1. Courts. The judicial power shall be vested in a supreme court, district courts, 
and such other courts, inferior to the supreme court, as the general assembly may, from time 
to time, establish. 
Court of appeals, see Iowa Code §602.5101 

Sec. 2. Supreme court. The supreme court shall consist of three judges, two of whom shall constitute a quorum to hold court.* *See this codified Iowa Constitution, Art. V, §10; see also Iowa Code §602.4101

Sec. 3. Election of judges — term. Repealed by Amendment 21 (1962). 
Sec. 4. Jurisdiction of supreme court. The supreme court shall have appellate 
jurisdiction only in cases in chancery, and shall constitute a court for the correction of errors 
at law, under such restrictions as the general assembly may, by law, prescribe; and shall have 
power to issue all writs and process necessary to secure justice to parties, and shall exercise 
a supervisory and administrative control over all inferior judicial tribunals throughout the 
state. 
Amended by Amendment 21 (1962) 
See Iowa Code §602.4102, 602.4201, 602.4202, 624.2 

Sec. 5. District court and judge. Repealed by Amendment 21 (1962). Sec. 6. Jurisdiction of district court. The district court shall be a court of law and equity, which shall be distinct and separate jurisdictions, and have jurisdiction in civil and criminal matters arising in their respective districts, in such manner as shall be prescribed by law. Statutory provision, see Iowa Code §602.6101

Sec. 7. Conservators of the peace. The judges of the supreme and district courts shall 
be conservators of the peace throughout the state. 
Sec. 8. Style of process. The style of all process shall be, “The State of Iowa”, and all 
prosecutions shall be conducted in the name and by the authority of the same. 
Sec. 9. Salaries. Repealed by Amendment 21 (1962). 
Sec. 10. Judicial districts. The state shall be divided into eleven judicial districts; and 
after the year eighteen hundred and sixty, the general assembly may reorganize the judicial 
districts and increase or diminish the number of districts, or the number of judges of the said 
court, and may increase the number of judges of the supreme court; but such increase or 
diminution shall not be more than one district, or one judge of either court, at any one session; 
and no reorganization of the districts, or diminution of the number of judges, shall have the 
effect of removing a judge from office. Such reorganization of the districts, or any change in 
the boundaries thereof, or increase or diminution of the number of judges, shall take place 
every four years thereafter, if necessary, and at no other time. 
At any regular session of the general assembly the state may be divided into the necessary 
judicial districts for district court purposes, or the said districts may be reorganized and 

xvii CONSTITUTION OF THE STATE OF IOWA (CODIFIED), ART. V, §16 the number of the districts and the judges of said courts increased or diminished; but no reorganization of the districts or diminution of the judges shall have the effect of removing a judge from office. Paragraph 2 added by Amendment 8 (1884); much of paragraph 1 appears to be superseded by paragraph 2

Sec. 11. Judges — when chosen. Repealed by Amendment 21 (1962).

Sec. 12. Attorney general. The general assembly shall provide, by law, for the election 
of an attorney general by the people, whose term of office shall be four years, and until his 
successor is elected and qualifies. 
Repealed and rewritten by Amendment 32 (1972) 

Sec. 13. District attorney. Repealed by Amendment 31 (1970).

Sec. 14. System of court practice. It shall be the duty of the general assembly to provide 
for the carrying into effect of this article, and to provide for a general system of practice in 
all the courts of this state. 
For provisions relative to the grand jury, see this codified Iowa Constitution, Art. I, §11 
Statutory provisions relating to the organization and administration of the judicial branch, see Iowa Code chapter 602 
Sec. 15. Vacancies in courts. Vacancies in the supreme court and district court shall be 
filled by appointment by the governor from lists of nominees submitted by the appropriate 
judicial nominating commission. Three nominees shall be submitted for each supreme court 
vacancy, and two nominees shall be submitted for each district court vacancy. If the governor 
fails for thirty days to make the appointment, it shall be made from such nominees by the 
chief justice of the supreme court. 
Added by Amendment 21 (1962) 
Statutory provisions, see Iowa Code §46.14 and 46.15 
Sec. 16. State and district nominating commissions. There shall be a state judicial 
nominating commission. Such commission shall make nominations to fill vacancies in the 
supreme court. Until July 4, 1973, and thereafter unless otherwise provided by law, the state 
judicial nominating commission shall be composed and selected as follows: There shall 
be not less than three nor more than eight appointive members, as provided by law, and an 
equal number of elective members on such commission, all of whom shall be electors of the 
state. The appointive members shall be appointed by the governor subject to confirmation by 
the senate. The elective members shall be elected by the resident members of the bar of the 
state. The judge of the supreme court who is senior in length of service on said court, other 
than the chief justice, shall also be a member of such commission and shall be its chairman. 
There shall be a district judicial nominating commission in each judicial district of the 
state. Such commissions shall make nominations to fill vacancies in the district court within 
their respective districts. Until July 4, 1973, and thereafter unless otherwise provided by law, 
district judicial nominating commissions shall be composed and selected as follows: There 
shall be not less than three nor more than six appointive members, as provided by law, and an 
equal number of elective members on each such commission, all of whom shall be electors 
of the district. The appointive members shall be appointed by the governor. The elective 
members shall be elected by the resident members of the bar of the district. The district judge 
of such district who is senior in length of service shall also be a member of such commission 
and shall be its chairman. 
Due consideration shall be given to area representation in the appointment and election 
of judicial nominating commission members. Appointive and elective members of judicial 
nominating commissions shall serve for six-year terms, shall be ineligible for a second 
six-year term on the same commission, shall hold no office of profit of the United States or 
of the state during their terms, shall be chosen without reference to political affiliation, and 
shall have such other qualifications as may be prescribed by law. As near as may be, the 
terms of one-third of such members shall expire every two years. 
Added by Amendment 21 (1962) 

ART. V, §17, CONSTITUTION OF THE STATE OF IOWA (CODIFIED) xviii

Sec. 17. Terms — judicial elections. Members of all courts shall have such tenure in 
office as may be fixed by law, but terms of supreme court judges shall be not less than 
eight years and terms of district court judges shall be not less than six years. Judges shall 
serve for one year after appointment and until the first day of January following the next 
judicial election after the expiration of such year. They shall at such judicial election stand 
for retention in office on a separate ballot which shall submit the question of whether such 
judge shall be retained in office for the tenure prescribed for such office and when such 
tenure is a term of years, on their request, they shall, at the judicial election next before 
the end of each term, stand again for retention on such ballot. Present supreme court and 
district court judges, at the expiration of their respective terms, may be retained in office in 
like manner for the tenure prescribed for such office. The general assembly shall prescribe 
the time for holding judicial elections. 
Added by Amendment 21 (1962) 
Sec. 18. Salaries — qualifications — retirement. Judges of the supreme court and 
district court shall receive salaries from the state, shall be members of the bar of the state 
and shall have such other qualifications as may be prescribed by law. Judges of the supreme 
court and district court shall be ineligible to any other office of the state while serving on 
said court and for two years thereafter, except that district judges shall be eligible to the 
office of supreme court judge. Other judicial officers shall be selected in such manner and 
shall have such tenure, compensation and other qualification as may be fixed by law. The 
general assembly shall prescribe mandatory retirement for judges of the supreme court and 
district court at a specified age and shall provide for adequate retirement compensation. 
Retired judges may be subject to special assignment to temporary judicial duties by the 
supreme court, as provided by law. 
Added by Amendment 21 (1962) 
Sec. 19. Retirement and discipline of judges. In addition to the legislative power of 
impeachment of judges as set forth in article three (III), sections nineteen (19) and twenty 
(20) of the Constitution, the supreme court shall have power to retire judges for disability and 
to discipline or remove them for good cause, upon application by a commission on judicial 
qualifications. The general assembly shall provide by law for the implementation of this 
section. 
Added by Amendment 33 (1972) 

ARTICLE VI.

MILITIA.

Section 1. Composition — training. The militia of this state shall be composed of all able-bodied male citizens, between the ages of eighteen and forty-five years, except such as are or may hereafter be exempt by the laws of the United States, or of this state, and shall be armed, equipped, and trained, as the general assembly may provide by law. Amended by Amendment 5 (1868)

Sec. 2. Exemption. No person or persons conscientiously scrupulous of bearing arms shall be compelled to do military duty in time of peace: Provided, that such person or persons shall pay an equivalent for such exemption in the same manner as other citizens.

Sec. 3. Officers. All commissioned officers of the militia, (staff officers excepted,) shall be elected by the persons liable to perform military duty, and shall be commissioned by the governor.

xix CONSTITUTION OF THE STATE OF IOWA (CODIFIED), ART. VII, §7

ARTICLE VII.

STATE DEBTS.

Section 1. Credit not to be loaned. The credit of the state shall not, in any manner, be given or loaned to, or in aid of, any individual, association, or corporation; and the state shall never assume, or become responsible for, the debts or liabilities of any individual, association, or corporation, unless incurred in time of war for the benefit of the state.

Sec. 2. Limitation. The state may contract debts to supply casual deficits or failures in revenues, or to meet expenses not otherwise provided for; but the aggregate amount of such debts, direct and contingent, whether contracted by virtue of one or more Acts of the general assembly, or at different periods of time, shall never exceed the sum of two hundred and fifty thousand dollars; and the money arising from the creation of such debts, shall be applied to the purpose for which it was obtained, or to repay the debts so contracted, and to no other purpose whatever.

Sec. 3. Losses to school funds. All losses to the permanent, school, or university fund of this state, which shall have been occasioned by the defalcation, mismanagement or fraud of the agents or officers controlling and managing the same, shall be audited by the proper authorities of the state. The amount so audited shall be a permanent funded debt against the state, in favor of the respective fund, sustaining the loss, upon which not less than six per cent. annual interest shall be paid. The amount of liability so created shall not be counted as a part of the indebtedness authorized by the second section of this article.

Sec. 4. War debts. In addition to the above limited power to contract debts, the state may contract debts to repel invasion, suppress insurrection, or defend the state in war; but the money arising from the debts so contracted shall be applied to the purpose for which it was raised, or to repay such debts, and to no other purpose whatever.

Sec. 5. Contracting debt — submission to the people. Except the debts herein before 
specified in this article, no debt shall be hereafter contracted by, or on behalf of this state, 
unless such debt shall be authorized by some law for some single work or object, to be 
distinctly specified therein; and such law shall impose and provide for the collection of a 
direct annual tax, sufficient to pay the interest on such debt, as it falls due, and also to pay 
and discharge the principal of such debt, within twenty years from the time of the contracting 
thereof; but no such law shall take effect until at a general election it shall have been 
submitted to the people, and have received a majority of all the votes cast for and against 
it at such election; and all money raised by authority of such law, shall be applied only to 
the specific object therein stated, or to the payment of the debt created thereby; and such 
law shall be published in at least one newspaper in each county, if one is published therein, 
throughout the state, for three months preceding the election at which it is submitted to the 
people. 
Statutory provisions, see Iowa Code §49A.1 – 49A.8 

Sec. 6. Legislature may repeal. The legislature may, at any time, after the approval of such law by the people, if no debt shall have been contracted in pursuance thereof, repeal the same; and may, at any time, forbid the contracting of any further debt, or liability, under such law; but the tax imposed by such law, in proportion to the debt or liability, which may have been contracted in pursuance thereof, shall remain in force and be irrepealable, and be annually collected, until the principal and interest are fully paid.

Sec. 7. Tax imposed distinctly stated. Every law which imposes, continues, or revives a tax, shall distinctly state the tax, and the object to which it is to be applied; and it shall not be sufficient to refer to any other law to fix such tax or object.

ART. VII, §8, CONSTITUTION OF THE STATE OF IOWA (CODIFIED) xx

Sec. 8. Motor vehicle fees and fuel taxes. All motor vehicle registration fees and all licenses and excise taxes on motor vehicle fuel, except cost of administration, shall be used exclusively for the construction, maintenance and supervision of the public highways exclusively within the state or for the payment of bonds issued or to be issued for the construction of such public highways and the payment of interest on such bonds. Added by Amendment 18 (1942)

Sec. 9. Fish and wildlife protection funds. All revenue derived from state license 
fees for hunting, fishing, and trapping, and all state funds appropriated for, and federal or 
private funds received by the state for, the regulation or advancement of hunting, fishing, 
or trapping, or the protection, propagation, restoration, management, or harvest of fish 
or wildlife, shall be used exclusively for the performance and administration of activities 
related to those purposes. 
Added by Amendment 44 (1996) 
Sec. 10. Natural resources. A natural resources and outdoor recreation trust fund is 
created within the treasury for the purposes of protecting and enhancing water quality and 
natural areas in this state including parks, trails, and fish and wildlife habitat, and conserving 
agricultural soils in this state. Moneys in the fund shall be exclusively appropriated by law 
for these purposes. 
The general assembly shall provide by law for the implementation of this section, including 
by providing for the administration of the fund and at least annual audits of the fund. 
Except as otherwise provided in this section, the fund shall be annually credited with an 
amount equal to the amount generated by a sales tax rate of three-eighths of one percent as 
may be imposed upon the retail sales price of tangible personal property and the furnishing 
of enumerated services sold in this state. 
No revenue shall be credited to the fund until the tax rate for the sales tax imposed upon the 
retail sales price of tangible personal property and the furnishing of enumerated services sold 
in this state in effect on the effective date of this section is increased. After such an increased 
tax rate becomes effective, an amount equal to the amount generated by the increase in the 
tax rate shall be annually credited to the fund, not to exceed an amount equal to the amount 
generated by a tax rate of three-eighths of one percent imposed upon the retail sales price of 
tangible personal property and the furnishing of enumerated services sold in this state. 
Added by Amendment 48 (2010) 
Referred to in Iowa Code §423.2A, 461.3 

ARTICLE VIII.

CORPORATIONS.

Referred to in Iowa Code §12C.13

Section 1. How created. No corporation shall be created by special laws; but the general 
assembly shall provide, by general laws, for the organization of all corporations hereafter to 
be created, except as hereinafter provided. 
Sec. 2. Taxation of corporations. The property of all corporations for pecuniary profit, 
shall be subject to taxation, the same as that of individuals. 
Sec. 3. State not to be a stockholder. The state shall not become a stockholder in any 
corporation, nor shall it assume or pay the debt or liability of any corporation, unless incurred 
in time of war for the benefit of the state. 
Referred to in Iowa Code §509A.12 

Sec. 4. Municipal corporations. No political or municipal corporation shall become a stockholder in any banking corporation, directly or indirectly.

xxi CONSTITUTION OF THE STATE OF IOWA (CODIFIED), ART. VIII, §12

Sec. 5. Banking associations. No Act of the general assembly, authorizing or creating corporations or associations with banking powers, nor amendments thereto shall take effect, or in any manner be in force, until the same shall have been submitted, separately, to the people, at a general or special election, as provided by law, to be held not less than three months after the passage of the Act, and shall have been approved by a majority of all the electors voting for and against it at such election.

Sec. 6. State bank. Subject to the provisions of the foregoing section, the general assembly may also provide for the establishment of a state bank with branches.* *Codified Iowa Constitution, Art. VIII, §6 – 11 apply to banks of issue only, see 63 Iowa 11, 220 Iowa 794, and 221 Iowa 102

Sec. 7. Specie basis. If a state bank be established, it shall be founded on an actual specie basis, and the branches shall be mutually responsible for each other’s liabilities upon all notes, bills, and other issues intended for circulation as money.* *Codified Iowa Constitution, Art. VIII, §6 – 11 apply to banks of issue only, see 63 Iowa 11, 220 Iowa 794, and 221 Iowa 102

Sec. 8. General banking law. If a general banking law shall be enacted, it shall provide for the registry and countersigning, by an officer of state, of all bills, or paper credit designed to circulate as money, and require security to the full amount thereof, to be deposited with the state treasurer, in United States stocks, or in interest paying stocks of states in good credit and standing, to be rated at ten per cent. below their average value in the city of New York, for the thirty days next preceding their deposit; and in case of a depreciation of any portion of said stocks, to the amount of ten per cent. on the dollar, the bank or banks owning such stock shall be required to make up said deficiency by depositing additional stocks: and said law shall also provide for the recording of the names of all stockholders in such corporations, the amount of stock held by each, the time of any transfer, and to whom.* *Codified Iowa Constitution, Art. VIII, §6 – 11 apply to banks of issue only, see 63 Iowa 11, 220 Iowa 794, and 221 Iowa 102

Sec. 9. Stockholders’ responsibility. Every stockholder in a banking corporation or institution shall be individually responsible and liable to its creditors, over and above the amount of stock by him or her held, to an amount equal to his or her respective shares so held for all of its liabilities, accruing while he or she remains such stockholder.* *Codified Iowa Constitution, Art. VIII, §6 – 11 apply to banks of issue only, see 63 Iowa 11, 220 Iowa 794, and 221 Iowa 102

Sec. 10. Billholders preferred. In case of the insolvency of any banking institution, the billholders shall have a preference over its other creditors.* *Codified Iowa Constitution, Art. VIII, §6 – 11 apply to banks of issue only, see 63 Iowa 11, 220 Iowa 794, and 221 Iowa 102

Sec. 11. Specie payments — suspension. The suspension of specie payments by banking institutions shall never be permitted or sanctioned.* *Codified Iowa Constitution, Art. VIII, §6 – 11 apply to banks of issue only, see 63 Iowa 11, 220 Iowa 794, and 221 Iowa 102

Sec. 12. Amendment or repeal of laws — exclusive privileges. Subject to the provisions 
of this article, the general assembly shall have power to amend or repeal all laws for the 
organization or creation of corporations, or granting of special or exclusive privileges or 
immunities, by a vote of two thirds of each branch of the general assembly; and no exclusive 
privileges, except as in this article provided, shall ever be granted. 
Analogous provision, see Iowa Code §491.39 

ART. IX, §1, CONSTITUTION OF THE STATE OF IOWA (CODIFIED) xxii

ARTICLE IX.

EDUCATION AND SCHOOL LANDS.

1ST. EDUCATION.**

**See this codified Iowa Constitution, Art. IX, 1st Education, §15; the board of education was abolished in 1864 by 1864 Acts, ch 52, §1 Statutory provisions, see Iowa Code chapters 256 and 262

Section 1. Board of education. The educational interest of the state, including common 
schools and other educational institutions, shall be under the management of a board of 
education, which shall consist of the lieutenant governor, who shall be the presiding officer 
of the board, and have the casting vote in case of a tie, and one member to be elected from 
each judicial district in the state.* 
*This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the 
board of education was abolished in 1864 by 1864 Acts, ch 52, §1 
Statutory provisions, see Iowa Code chapters 256 and 262 
Sec. 2. Eligibility. No person shall be eligible as a member of said board who shall not 
have attained the age of twenty five years, and shall have been one year a citizen of the state.* 
*This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the 
board of education was abolished in 1864 by 1864 Acts, ch 52, §1 
Statutory provisions, see Iowa Code chapters 256 and 262 
Sec. 3. Election of members. One member of said board shall be chosen by the qualified 
electors of each district, and shall hold the office for the term of four years, and until his 
successor is elected and qualified. After the first election under this Constitution, the board 
shall be divided, as nearly as practicable, into two equal classes, and the seats of the first class 
shall be vacated after the expiration of two years; and one half of the board shall be chosen 
every two years thereafter.* 
*This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the 
board of education was abolished in 1864 by 1864 Acts, ch 52, §1 
Statutory provisions, see Iowa Code chapters 256 and 262 
Sec. 4. First session. The first session of the board of education shall be held at the seat 
of government, on the first Monday of December, after their election; after which the general 
assembly may fix the time and place of meeting.* 
*This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the 
board of education was abolished in 1864 by 1864 Acts, ch 52, §1 
Statutory provisions, see Iowa Code chapters 256 and 262 
Sec. 5. Limitation of sessions. The session of the board shall be limited to twenty days, 
and but one session shall be held in any one year, except upon extraordinary occasions, 
when, upon the recommendation of two thirds of the board, the governor may order a special 
session.* 
*This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the 
board of education was abolished in 1864 by 1864 Acts, ch 52, §1 
Statutory provisions, see Iowa Code chapters 256 and 262 
Sec. 6. Secretary. The board of education shall appoint a secretary, who shall be the 
executive officer of the board, and perform such duties as may be imposed upon him by the 
board, and the laws of the state. They shall keep a journal of their proceedings, which shall 
be published and distributed in the same manner as the journals of the general assembly.* 
*This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the 
board of education was abolished in 1864 by 1864 Acts, ch 52, §1 
Statutory provisions, see Iowa Code chapters 256 and 262 

Sec. 7. Rules and regulations. All rules and regulations made by the board shall be published and distributed to the several counties, townships, and school districts, as may be xxiii CONSTITUTION OF THE STATE OF IOWA (CODIFIED), ART. IX, §14

provided for by the board, and when so made, published and distributed, they shall have the 
force and effect of law.* 
*This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the 
board of education was abolished in 1864 by 1864 Acts, ch 52, §1 
Statutory provisions, see Iowa Code chapters 256 and 262 
Sec. 8. Power to legislate. The board of education shall have full power and authority to 
legislate and make all needful rules and regulations in relation to common schools, and other 
educational institutions, that are instituted, to receive aid from the school or university fund 
of this state;* but all acts, rules, and regulations of said board may be altered, amended or 
repealed by the general assembly; and when so altered, amended, or repealed they shall not 
be re-enacted by the board of education.** 
*In the original text, a colon was used, see original Constitution, Art. IX, 1st Education and School boards, §8 
**This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; 
the board of education was abolished in 1864 by 1864 Acts, ch 52, §1 
Statutory provisions, see Iowa Code chapters 256 and 262 
Sec. 9. Governor ex officio a member. The governor of the state shall be, ex officio, a 
member of said board.* 
*This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the 
board of education was abolished in 1864 by 1864 Acts, ch 52, §1 
Statutory provisions, see Iowa Code chapters 256 and 262 
Sec. 10. Expenses. The board shall have no power to levy taxes, or make appropriations 
of money. Their contingent expenses shall be provided for by the general assembly.* 
*This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the 
board of education was abolished in 1864 by 1864 Acts, ch 52, §1 
Statutory provisions, see Iowa Code chapters 256 and 262 

Sec. 11. State university. The state university shall be established at one place without branches at any other place, and the university fund shall be applied to that institution and no other.* *This provision may have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15. See also this codified Iowa Constitution, Art. IX, 2nd School Fund and School Lands, §2 and 5, and Art. XI, §8 See also Laws of the Board of Education, Act 10, December 25, 1858, which provides for the management of the state university by a board of trustees appointed by the board of education and statutory provisions in Iowa Code chapters 256 and 262

Sec. 12. Common schools. The board of education shall provide for the education of 
all the youths of the state, through a system of common schools and such school shall be 
organized and kept in each school district at least three months in each year. Any district 
failing, for two consecutive years, to organize and keep up a school as aforesaid may be 
deprived of their portion of the school fund.* 
*This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the 
board of education was abolished in 1864 by 1864 Acts, ch 52, §1 
Statutory provisions, see Iowa Code Title VII, subtitles 1 and 6 
Sec. 13. Compensation. The members of the board of education shall each receive the 
same per diem during the time of their session, and mileage going to and returning therefrom, 
as members of the general assembly.* 
*This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the 
board of education was abolished in 1864 by 1864 Acts, ch 52, §1 
Statutory provisions, see Iowa Code chapters 256 and 262 
Sec. 14. Quorum — style of acts. A majority of the board shall constitute a quorum for 
the transaction of business; but no rule, regulation, or law, for the government of common 
schools or other educational institutions, shall pass without the concurrence of a majority of 
all the members of the board, which shall be expressed by the yeas and nays on the final 
passage. The style of all acts of the board shall be, “Be it enacted by the board of education 
of the state of Iowa”.* 
*This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. IX, 1st Education, §15; the 
board of education was abolished in 1864 by 1864 Acts, ch 52, §1 
Statutory provisions, see Iowa Code chapters 256 and 262 

ART. IX, §15, CONSTITUTION OF THE STATE OF IOWA (CODIFIED) xxiv

Sec. 15. Board may be abolished. The general assembly shall have power to abolish or 
reorganize said board of education, and provide for the educational interest of the state in 
any other manner that to them shall seem best and proper.* 
*The board of education was abolished in 1864 by 1864 Acts, ch 52, §1 
Statutory provisions, see Iowa Code Title VII 

2ND. SCHOOL FUNDS AND SCHOOL LANDS.

Section 1. Control — management. The educational and school funds and lands shall 
be under the control and management of the general assembly of this state. 
Sec. 2. Permanent fund. The university lands, and the proceeds thereof, and all monies 
belonging to said fund shall be a permanent fund for the sole use of the state university. The 
interest arising from the same shall be annually appropriated for the support and benefit of 
said university. 
Sec. 3. Perpetual support fund. The general assembly shall encourage, by all suitable 
means, the promotion of intellectual, scientific, moral, and agricultural improvement. The 
proceeds of all lands that have been, or hereafter may be, granted by the United States to this 
state, for the support of schools, which may have been, or shall hereafter be sold, or disposed 
of, and the five hundred thousand acres of land granted to the new states, under an Act of 
Congress, distributing the proceeds of the public lands among the several states of the union, 
approved in the year of our Lord one thousand eight hundred and forty-one,* and all estates 
of deceased persons who may have died without leaving a will or heir, and also such per 
cent. as has been or may hereafter be granted by Congress, on the sale of lands in this state, 
shall be, and remain a perpetual fund, the interest of which, together with all rents of the 
unsold lands, and such other means as the general assembly may provide, shall be inviolably 
appropriated to the support of common schools throughout the state. 
*In the original text, “forty-one” did not contain a hyphen 
Referred to in Iowa Code §16.4A 
Sec. 4. Fines — how appropriated. Repealed by Amendment 35 (1974). 
Sec. 5. Proceeds of lands. The general assembly shall take measures for the protection, 
improvement, or other disposition of such lands as have been, or may hereafter be reserved, 
or granted by the United States, or any person or persons, to this state, for the use of the 
university, and the funds accruing from the rents or sale of such lands, or from any other 
source for the purpose aforesaid, shall be, and remain, a permanent fund, the interest of 
which shall be applied to the support of said university, for the promotion of literature, the 
arts and sciences, as may be authorized by the terms of such grant. And it shall be the duty 
of the general assembly as soon as may be, to provide effectual means for the improvement 
and permanent security of the funds of said university. 
Sec. 6. Agents of school funds. The financial agents of the school funds shall be the 
same, that by law, receive and control the state and county revenue for other civil purposes, 
under such regulations as may be provided by law. 
Sec. 7. Distribution. Repealed by Amendment 39 (1984). 

ARTICLE X.

AMENDMENTS TO THE CONSTITUTION.

Section 1. How proposed — submission. Any amendment or amendments to this Constitution may be proposed in either house of the general assembly; and if the same shall xxv CONSTITUTION OF THE STATE OF IOWA (CODIFIED), ART. XI, §3 be agreed to by a majority of the members elected to each of the two houses, such proposed amendment shall be entered on their journals, with the yeas and nays taken thereon, and referred to the legislature to be chosen at the next general election, and shall be published, as provided by law, for three months previous to the time of making such choice; and if, in the general assembly so next chosen as aforesaid, such proposed amendment or amendments shall be agreed to, by a majority of all the members elected to each house, then it shall be the duty of the general assembly to submit such proposed amendment or amendments to the people, in such manner, and at such time as the general assembly shall provide; and if the people shall approve and ratify such amendment or amendments, by a majority of the electors qualified to vote for members of the general assembly, voting thereon, such amendment or amendments shall become a part of the Constitution of this state. For statutory provisions, see Iowa Code §49.43 – 49.50 and 49A.1 – 49A.11

Sec. 2. More than one amendment. If two or more amendments shall be submitted at the same time, they shall be submitted in such manner that the electors shall vote for or against each of such amendments separately.

Sec. 3. Constitutional convention. At the general election to be held in the year one 
thousand nine hundred and seventy, and in each tenth year thereafter, and also at such times 
as the general assembly may, by law, provide, the question, “Shall there be a convention to 
revise the Constitution, and propose amendment or amendments to same?” shall be decided 
by the electors qualified to vote for members of the general assembly; and in case a majority of 
the electors so qualified, voting at such election, for and against such proposition, shall decide 
in favor of a convention for such purpose, the general assembly, at its next session, shall 
provide by law for the election of delegates to such convention, and for submitting the results 
of said convention to the people, in such manner and at such time as the general assembly 
shall provide; and if the people shall approve and ratify such amendment or amendments, 
by a majority of the electors qualified to vote for members of the general assembly, voting 
thereon, such amendment or amendments shall become a part of the Constitution of this 
state. If two or more amendments shall be submitted at the same time, they shall be submitted 
in such a manner that electors may vote for or against each such amendment separately. 
Repealed and rewritten by Amendment 22 (1964) 
Statutory provision, see Iowa Code §39.4 

ARTICLE XI.

MISCELLANEOUS.

Section 1. Justice of peace — jurisdiction. The jurisdiction of justices of the peace shall extend to all civil cases, (except cases in chancery, and cases where the question of title to real estate may arise,) where the amount in controversy does not exceed one hundred dollars, and by the consent of parties may be extended to any amount not exceeding three hundred dollars.* Nonindictable misdemeanors, jurisdiction, see codified Iowa Constitution, Art. I, §11 *This provision appears to have been superseded or may be obsolete, see this codified Iowa Constitution, Art. V, §1; the office of justice of peace was abolished by 1972 Acts, ch 1124

Sec. 2. Counties. No new county shall be hereafter created containing less than four hundred and thirty two square miles; nor shall the territory of any organized county be reduced below that area; except the county of Worth, and the counties west of it, along the northern boundary of this state, may be organized without additional territory.

Sec. 3. Indebtedness of political or municipal corporations. No county, or other political or municipal corporation shall be allowed to become indebted in any manner, or for any purpose, to an amount, in the aggregate, exceeding five per centum on the value of the

ART. XI, §3, CONSTITUTION OF THE STATE OF IOWA (CODIFIED) xxvi

taxable property within such county or corporation — to be ascertained by the last state and 
county tax lists, previous to the incurring of such indebtedness. 
Statutory limitation, Iowa Code §346.24 

Sec. 4. Boundaries of state. The boundaries of the state may be enlarged, with the consent of Congress and the general assembly. See boundary compromise agreements at the end of the last volume of the Iowa Code

Sec. 5. Oath of office. Every person elected or appointed to any office, shall, before 
entering upon the duties thereof, take an oath or affirmation to support the Constitution of 
the United States, and of this state, and also an oath of office. 
See Iowa Code §63.10 

Sec. 6. How vacancies filled. In all cases of elections to fill vacancies in office occurring before the expiration of a full term, the person so elected shall hold for the residue of the unexpired term; and all persons appointed to fill vacancies in office, shall hold until the next general election, and until their successors are elected and qualified. Sec. 7. Land grants located. The general assembly shall not locate any of the public lands, which have been, or may be granted by Congress to this state, and the location of which may be given to the general assembly, upon lands actually settled, without the consent of the occupant. The extent of the claim of such occupant, so exempted, shall not exceed three hundred and twenty acres. Sec. 8. Seat of government established — state university. The seat of government is hereby permanently established, as now fixed by law, at the city of Des Moines, in the county of Polk; and the state university, at Iowa City, in the county of Johnson. In January of 1855, the fifth general assembly established a commission to relocate the seat of government to within two miles of the junction of the Des Moines and Raccoon rivers in Polk county, see 1855 Acts, ch 72

ARTICLE XII.

SCHEDULE.

Section 1. Supreme law — constitutionality of acts. This Constitution shall be the supreme law of the state, and any law inconsistent therewith, shall be void. The general assembly shall pass all laws necessary to carry this Constitution into effect. Sec. 2. Laws in force. All laws now in force and not inconsistent with this Constitution, shall remain in force until they shall expire or be repealed. Sec. 3. Proceedings not affected. [* * *]* *This transitional provision has been omitted from this codified Iowa Constitution, see original Constitution, Art. XII, §3, for omitted language

Sec. 4. Fines inure to the state. Repealed by Amendment 35 (1974). Sec. 5. Bonds in force. [* * *]* *This transitional provision has been omitted from this codified Iowa Constitution, see original Constitution, Art. XII, §5, for omitted language

Sec. 6. First election for governor and lieutenant governor. [* * *]* *This transitional provision has been omitted from this codified Iowa Constitution, see original Constitution, Art. XII, §6, for omitted language

Sec. 7. First election of officers. [* * *]* *This transitional provision has been omitted from this codified Iowa Constitution, see original Constitution, Art. XII, §7, for omitted language

xxvii CONSTITUTION OF THE STATE OF IOWA (CODIFIED), ART. XII, §16

Sec. 8. For judges of supreme court. [* * *]*

*This transitional provision has been omitted from this codified Iowa Constitution, see original Constitution, Art. XII, §8, for omitted language

Sec. 9. General assembly — first session. [* * *]*

*This transitional provision has been omitted from this codified Iowa Constitution, see original Constitution, Art. XII, §9, for omitted language

Sec. 10. Senators. [* * *]*

*This transitional provision has been omitted from this codified Iowa Constitution, see original Constitution, Art. XII, §10, for omitted language

Sec. 11. Offices not vacated. [* * *]*

*This transitional provision has been omitted from this codified Iowa Constitution, see original Constitution, Art. XII, §11, for omitted language

Sec. 12. Judicial districts. [* * *]*

*This transitional provision has been omitted from this codified Iowa Constitution, see original Constitution, Art. XII, §12, for omitted language

Sec. 13. Submission of Constitution. [* * *]*

*This transitional provision has been omitted from this codified Iowa Constitution, see original Constitution, Art. XII, §13, for omitted language

Sec. 14. Proposition to strike out the word “white”. [* * *]*

*This provision requiring the separate submission of the proposition at the same election as the original Constitution has been omitted from this codified Iowa Constitution, see original Constitution, Art. XII, §14, for omitted language This proposition was submitted to the electorate, but failed to be adopted; see, however, Amendment 1 (1868)

Sec. 15. Mills county. [* * *]*

*This transitional provision has been omitted from this codified Iowa Constitution, see original Constitution, Art. XII, §15, for omitted language

Sec. 16. General election. [* * *]*

Added by Amendment 11 (1904); apparently superseded by codified Iowa Constitution, Art. II, §7, which was added by Amendment 14 (1916) *This transitional provision has been omitted from this codified Iowa Constitution, see original Constitution, Art. XII, §16, for omitted language



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