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Governor's power over

1

legislation

Passage of bills over

veto

Ten day bills

2

Article IV, § 9

§ 9. Every bill which shall have passed the Senate and Assembly shall, before it becomes a law, be presented to the 3 Governor; if he approve, he shall sign it; but if not, he shall 4 return it with his objections to the house in which it shall 5 have originated, which shall enter the objections at large on 6 the journal, and proceed to reconsider it. If after such recon7 sideration, two-thirds of the members elected to that house 8 shall agree to pass the bill, it shall be sent together with the 9 objections to the other house by which it shall likewise be re10 considered; and if approved by two-thirds of the members 11 elected to that house, it shall become a law notwithstanding 12 the objections of the Governor. In all such cases, the votes in 13 both houses shall be determined by yeas and nays, and the 14 names of the members voting shall be entered on the journal 15 of each house respectively. If any bill shall not be returned 16 by the Governor within ten *day (Sundays excepted) after it 17 shall have been presented to him, the same shall be a law in 18 like manner as if he had signed it, unless the Legislature shall, 19 by their adjournment, prevent its return, in which case it shall Thirty day 20 not become a law without the approval of the Governor. No 21 bill shall become a law after the final adjournment of the 22 Legislature, unless approved by the Governor within thirty Appropria- 23 days after such adjournment. If any bill presented to the Governor contain several items of appropriation of money, he may object to one or more of such items while approving 26 of the other portion of the bill. In such case, he shall append 27 to the bill, at the time of signing it, a statement of the items 28 to which he objects; and the appropriation so objected to 29 shall not take effect. If the Legislature be in session, he 30 shall transmit to the house in which the bill originated a copy 31 of such statement, and the items objected to shall be sepa32 rately reconsidered. If on reconsideration one or more of 33 such items be approved by two-thirds of the members elected 34 to each house, the same shall be part of the law, notwith35 standing the objections of the Governor. All the provisions 36 of this section, in relation to bills not approved by the Gov37 ernor, shall apply in cases in which he shall withhold his

bills

tion bills;

governor 24

may object to one or more items

25

So in original.

Article IV, § 9

38 approval from any item or items contained in a bill appro39 priating money."

Source

Const. 1821, Art. I, § 12; amended, Const. 1846, Art. IV, § 9; amended in 1874. See also, Const. 1777, Art. III.

Lincoln's Constitutional History

For general discussion of the governorship as a part of the legislative
system of the state, including his veto power and that formerly
exercised by the Council of Revision, see IV :494-497. For further
references on the veto power, see below.

Mr. Lincoln also discusses the following topics included within this
section, namely: presentment of bills to the governor, IV :497-498;
consideration of bills by the governor, IV :498-499; recall of bills
from the governor, IV:499-501; action on bills by the governor,
including ten-day period and thirty-day period, IV:501-507.
For detailed history of the causes leading up to the constitutional
amendment of 1874 establishing the thirty-day period for executive
consideration of bills after the adjournment of the legislature, see
II:331-338.

For the consideration by the governor of city bills, see notes under
Art. XII, § 2, post.

References to constitutional conventions and commissions.

1777. Council of revision, I:554–556.

1821. Abolition of council of revision and transfer of veto power to the governor, I:639-640.

1846. Executive action on bills after adjournment of legislature and re-passage of vetoed bills, II:134–135.

1867. Veto power of governor (including power to veto specific portions of a bill), and re-passage of vetoed bills, II:339-343, III:245.

1872. Changes in veto power of the governor (incorporated in the constitutional amendments of 1874), including power to veto separate items in appropriation bills, II:518–520. 1894. Proposal to establish a council of revision; executive consideration of bills, and re-passage of vetoed bills, III:311–312. Debates of constitutional conventions

1821. Veto power, 44-120 (Sept. 4-8), 545 (Oct. 27).

1846. Veto power and re-passage of vetoed bills, 324-337 (July 16), 360-370 (July 20).

1867. Re-passage of vetoed bills, I:667, II:886-888, 1109-1131; time limit, II:894-895, V:3619-3621; limited to constitutionality of bills, I:668-669; veto of specific items, II:1109-1131.

Texts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 35-457 (Int. 35), 151, 188 (Int. 187), 205 (Int. 203), 231 (Int. 229).

In the legislature, 1895-1914: see Part II, post, pp. 85-86.

7 For references to the former council of revision, see Supplemental Notes following Article XV, post, under that title.

Article V, § 1

Election and terms

of certain

state

officers

Compensation

1

2

3

4

5

6

2

ARTICLE V1

Section 1. The Secretary of State, Comptroller, Treasurer, Attorney-General and State Engineer and Surveyor shall be chosen at a general election, at the times and places of electing the Governor and Lieutenant-Governor, and shall hold their offices for two years, except as provided in section two of this article. Each of the officers in this article named, 7 excepting the Speaker of the Assembly, shall at stated times 8 during his continuance in office, receive for his services a 9 compensation which shall not be increased or diminished during the term for which he shall have been elected; nor shall he receive to his use any fees or perquisites of office or other compensation. No person shall be elected to the office of State Engineer and Surveyor who is not a practical civil engineer.

10

11

State engi- 12

neer and

surveyor to 13 civil engi- 14

be practical

neer

Source

Const. 1821, Art. IV, § 6; amended, Const. 1846, Art. V, §§ 1 and 2; amended, Const. 1894, Art. V, § 1. See also, Const. 1777, Art. XXIII; amendments of 1801, Art. 5.3

Lincoln's Constitutional History

For court decisions relating to state officers, see IV:299, 508.

For remarks on state officers in general, with special reference to the
appointment of some of them by the governor instead of their
election by the people, see II:520-532, and IV :456–458.

References to constitutional conventions and commissions.
1777. Treasurer, I:531.

1821. State officers, how chosen, I:671; term, I:672.
1846. State officers, II:136-137; engineer, II:137.

1867. Attorney-general, II:343-346; compensation, II:327-328;
term, 401.

1872. Treasurer, II:534-535.

1 For references to subjects coming within the general scope of Article V but which cannot be specifically assigned to any particular section thereof, see Supplementary Notes following Article XV, post, under the titles Commissions, Congressional delegates, Police, Railroads, State officers.

2 For the appointment and removal of state officers and filling of vacancies, and for references to the former council of appointment, see Supplemental Notes following Article XV, post, under the titles Appointment, power of, and Removal, power of.

For references to state officers not named in this section, and for the abolition of property qualifications for state officers, see Supplemental Notes under the title State officers.

3 For the text of the amendments of 1801, see Lincoln's Constitutional History, I: 189–191.

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1821. State officers, how chosen, 302–307 (Oct. 1).

1846. State officers, how chosen, 480-481 (July 31); term, 480-481 (July 31); treasurer, how chosen, 501-502 (Aug. 3); engineer and surveyor, 505-508 (Aug. 4), 520-526 (Aug. 5); compensation, 150-151 (June 24), 480-481 (July 31), 496–501 (Aug. 3), 517-520 (Aug. 5).

1867. State officers, II:1009-1011; how chosen, II:1235-1269, 12721280; time of election, V:3631-3632; compensation, II:1285; engineer and surveyor, abolition, II:1280-1283, 1286-1287; comptroller, III:1990, 2259-2261; attorney-general, II:1272-1282, 1284–1285; IV:2773-2776.

1894. Term, IV:724-727 (V:2371-2373); compensation, IV:724–727 (V:2371-2373); engineer and surveyor, qualifications, IV:724-727 (V:2371–2373).

Texts of proposed amendments

1

In the constitutional convention of 1894: see Proposed Constitutional Amendments, Overtures Nos. 35-457 (Int. 35), 37, 43, 362 (Int. 353).

In the legislature, 1895-1914: see Part II, post, p. 87.

tion and

certain

§ 2. The first election of the Secretary of State, Comp- First elec2 troller, Treasurer, Attorney-General and State Engineer and terms of 3 Surveyor, pursuant to this article shall be held in the year state 4 one thousand eight hundred and ninety-five, and their terms 5 of office shall begin on the first day of January following, and

officers

6 shall be for three years. At the general election in the year Successors one thousand eight hundred and ninety-eight, and every two

7

8 years thereafter, their successors shall be chosen for the term 9 of two years.

Source

Const. 1894, Art. V, § 2.

Lincoln's Constitutional History

For explanation of this section, see IV :509.

Texts of proposed amendments

In the constitutional convention of 1894: see Proposed Constitutional
Amendments, Overtures Nos. 35-457 (Int. 35), 43, 296 (Int. 292).
In the legislature, 1895-1914: see Part II, post, p. 88.

4 This overture was adopted by the convention and accordingly became a part of the Constitution.

5 This overture was adopted by the convention and accordingly became a part of the Constitution.

Article V, § 3

Superintendent of

public

works; appointment,

compensation,

powers

and duties

or removal

1

2

3

4

5

§ 3. A Superintendent of Public Works shall be appointed by the Governor, by and with the advice and consent of the Senate, and hold his office until the end of the term of the Governor by whom he was nominated, and until his successor is appointed and qualified. He shall receive a compensation 6 to be fixed by law. He shall be required by law to give 7 security for the faithful execution of his office before entering 8 upon the duties thereof. He shall be charged with the ex9 ecution of all laws relating to the repair and navigation of 10 the canals, and also of those relating to the construction and 11 improvement of the canals, except so far as the execution of 12 the laws relating to such construction or improvement shall 13 be confided to the State Engineer and Surveyor; subject to 14 the control of the Legislature, he shall make the rules and Suspension 15 regulations for the navigation or use of the canals. He may 16 be suspended or removed from office by the Governor, when17 ever, in his judgment, the public interest shall so require; 18 but in case of the removal of such Superintendent of Public 19 Works from office, the Governor shall file with the Secretary 20 of State a statement of the cause of such removal, and shall 21 report such removal and the cause thereof to the Legislature Assistant 22 at its next session. The superintendent of Public Works 23 shall appoint not more than three assistant superintendents, 24 whose duties shall be prescribed by him, subject to modifica25 tion by the Legislature, and who shall receive for their serv26 ices a compensation to be fixed by law. They shall hold their 27 office for three years, subject to suspension or removal by 28 the Superintendent of Public Works, whenever, in his judg29 ment, the public interest shall so require. Any vacancy in 30 the office of any such assistant superintendent shall be filled 31 for the remainder of the term for which he was appointed, 32 by the Superintendent of Public Works; but in case of the 33 suspension or removal of any such assistant superintendent 34 by him, he shall at once report to the Governor, in writing, Other em- 35 the cause of such removal. All other persons employed in the care and management of the canals, except collectors of 37 tolls, and those in the department of the State Engineer and 38 Surveyor, shall be appointed by the Superintendent of Public Additional 39 Works, and be subject to suspension or removal by him. The

superintendents

ployees

duties

36

*So in original.

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