Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1872-04-30

State for one year, aud of the county in which
he offers to vote, for sixty days next xpreeed-
ing such offer, shall be permitted te vote,
while such disability continues; but ne per-
son in the military, nayaIor. marine service
of the United States, shall be- deemed resi-
dent of this State by reason of being stationed
therein.
2. In all elections BY the people the. mode
OF voting shall be by ballot; but the voter
shall be left free to vote by either open, sealed
OF. secret ballot, as he may elect. u -.
E4 o.. Mo- voter, during the continuance oi
an election at which he is entitled to vote,
or during the time necessary and convenient
for going to, and returning from the same,
shall be,subject to arrest upon civil process,
or be compelled to attend any court, or Judi
cial proceeding, as sitor, juror or witness
or to work upon the public roads or, ex>
'cept in time of, war or public danger, to rem,
der military service.
4. No person, except citizens entitled to
vote, shall be elected or. appointed to any
State, county or municipal office but the
Governor and judges, must have attained the
age of thirty, and the Attorney General and
Senators, the age of twenty Eve years, at the
beginning of their, respective terms of SER
vice; and must have been citizens of the
State for FIVE years next preceding their cleo.
tion or appointment, or be citizens at the time
this Constitution goes into operation.
5. Every person elected or appointed to
any Office, before proceeding to exercise the
authority or discharge :, the. duties thereof,
shall mako oath or affirmation that he will
support the Constitution of the United States,
and the Constitution of this State, and that
he will faithfully discharge the duties of his
said office to the best of his skill and judg-
ment, and no other oath, declaration or. test
shall bo required as a qualification, unless
herein otherwise provided :. :. 49,. :, =.
!. 6. All officers elected or appointed under
this Constitution may, unless in cases herein
otherwise provided for, be removed from of.
fce, for official misconduct, incompetence,
neglect of duty, or gross immortality, in such
manner as may be prescribed By general laws,
and unless SO removed, they shall continue to
discharge the duties of their respective offices
until their successors are elected, or appoints
ed, and qualified.
T.: The general elections cf, State and COIN
ty officers, and Of members of the Legisla-
ture, shall he held on the second Tuesday of
October, until otherwise provided by law
The terms of suoh officers, not elected or an.
pointed to I'LL vacancy, shall, unless herein
otherwise provided, begin on the first day of
January, and of the members of the Legsla-
ture on the first day of November next sue
ceeding their. election. Elections to fill va
cancies shall be for the une1pired term
When vacancies occur prior to any general
election, they shall be filled by appointments
I in such manner as may be prescribed herein,
or by general law, which appointments shall
expire at such tims after the next general
election, as the person: SO elected TO fll such
vacancy shall be qualified. ...
g Tho ,arielatura in o,aoa sok
for in this Constitution. shall prescribe by
general laws the terms of Office, powers, duties
and. compensation of all public officers and
agents, and the manner in which they shall
be elected, appointed and removed.
- 8. Any officer of the State, may be inn
peached for NAL al-administration, corruption, iu-
competency, gross immortality, neglect of duty,
or any high crime or misdemcanor. The
House of Delegates shall have the sole poger
of impeachment. The Senate shall have the
sole power to try impeachments, and no per-
son shall be convicted without the concur
renee of two-thirds of the members elected
thereto. When sitting as a court of impeach>
ment, the President of the Supreme Court of
Appeals, OF, if from any cause, it be improper
for him to act, then any other Judge of that
court, to be designated by it. shalt preside
and the Senators shall be on oath, or affirma-
ton, to do Justice according to the law and
evidence. Judgment in cases of impeach-
ment shall not extend fprther than to removal
from office, and disqualification to hold any
Office of honor, trust or profit under the State
but the party convicted shall be liable to in-
dictment, trial, judgment and punishment ac-
,eording to law. The Senate may sit during
the recess of the Legislature for the trial Of
impeachments.
10. Any citizen of this State who shall,
after the adoption of this Constitution, either
in or out Of tho State, fight duel With deadly
weapons or send or accept a challenge SO to
do, or who shall act as second, OF knowingly
aid or assis. in such duel, shall, ever;,there-
after, be incapable of holding any Office of
honor, trust or profit in this State...,.
IL. The. Legislature shall prescribe the
manner of conducting and making returns of
elections, and Of determining contested elec-
tions; and shall pass such laws as may be neo.
essary and proper to prevent intimidation, dis.
order or violence at tho polls, and corruption
or fraud in voting, counting the vote, ascer-
tanning or declaring the result, or fraud, in
any manner, npon the ballot.
12. No citizen shall ever be denied or re-.
fused, the right or privilege of voting at an
election, because his name is not, or has not
been, registered, or listed, as qualified voter
ARTICLE Y.
DIVISION OF POWERS
/. The Legislative, executive, and judicial de-
partments shall be separate and distinct, so
that neither shall exercise the powers properly
belonging to either of the others nor shall
any person exercise the powers of more than