A DECLARATION OF RIGHTS made by the
good people of Virginia in the exercise of their sovereign powers,
which rights do pertain to them and their posterity, as the basis
and foundation of government.
Section 1. Equality and rights of men.
That all men are by nature equally free and independent and have
certain inherent rights, of which, when they enter into a state
of society, they cannot, by any compact, deprive or divest their
posterity; namely, the enjoyment of life and liberty, with the
means of acquiring and possessing property, and pursuing and obtaining
happiness and safety.
Section 2. People the source of power.
That all power is vested in, and consequently derived from, the
people, that magistrates are their trustees and servants, and
at all times amenable to them.
Section 3. Government instituted for common
benefit.
That government is, or ought to be, instituted for the common
benefit, protection, and security of the people, nation, or community;
of all the various modes and forms of government, that is best
which is capable of producing the greatest degree of happiness
and safety, and is most effectually secured against the danger
of maladministration; and, whenever any government shall be found
inadequate or contrary to these purposes, a majority of the community
hath an indubitable, inalienable, and indefeasible right to reform,
alter, or abolish it, in such manner as shall be judged most conducive
to the public weal.
Section 4. No exclusive emoluments or privileges;
offices not to be hereditary.
That no man, or set of men, is entitled to exclusive or separate
emoluments or privileges from the community, but in consideration
of public services; which not being descendible, neither ought
the offices of magistrate, legislator, or judge to be hereditary.
Section 5. Separation of legislative, executive,
and judicial departments; periodical elections.
That the legislative, executive, and judicial departments of the
Commonwealth should be separate and distinct; and that the members
thereof may be restrained from oppression, by feeling and participating
the burthens of the people, they should, at fixed periods, be
reduced to a private station, return into that body from which
they were originally taken, and the vacancies be supplied by regular
elections, in which all or any part of the former members shall
be again eligible, or ineligible, as the laws may direct.
Section 6. Free elections; consent of governed.
That all elections ought to be free; and that all men, having
sufficient evidence of permanent common interest with, and attachment
to, the community, have the right of suffrage, and cannot be taxed,
or deprived of, or damaged in, their property for public uses,
without their own consent, or that of their representatives duly
elected, or bound by any law to which they have not, in like manner,
assented for the public good.
Section 7. Laws should not be suspended.
That all power of suspending laws, or the execution of laws, by
any authority, without consent of the representatives of the people,
is injurious to their rights, and ought not to be exercised.
Section 8. Criminal prosecutions.
That in criminal prosecutions a man hath a right to demand the
cause and nature of his accusation, to be confronted with the
accusers and witnesses, and to call for evidence in his favor,
and he shall enjoy the right to a speedy and public trial, by
an impartial jury of his vicinage, without whose unanimous consent
he cannot be found guilty. He shall not be deprived of life or
liberty, except by the law of the land or the judgment of his
peers, nor be compelled in any criminal proceeding to give evidence
against himself, nor be put twice in jeopardy for the same offense.
Laws may be enacted providing for the trial of offenses not felonious
by a court not of record without a jury, preserving the right
of the accused to an appeal to and a trial by jury in some court
of record having original criminal jurisdiction. Laws may also
provide for juries consisting of less than twelve, but not less
than five, for the trial of offenses not felonious, and may classify
such cases, and prescribe the number of jurors for each class.
In criminal cases, the accused may plead guilty. If the accused
plead not guilty, he may, with his consent and the concurrence
of the Commonwealth's Attorney and of the court entered of record,
be tried by a smaller number of jurors, or waive a jury. In case
of such waiver or plea of guilty, the court shall try the case.
The provisions of this section shall be self-executing.
Section 8-A. Rights of victims of crime.
That in criminal prosecutions, the victim shall be accorded fairness,
dignity and respect by the officers, employees and agents of the
Commonwealth and its political subdivisions and officers of the
courts and, as the General Assembly may define and provide by
law, may be accorded rights to reasonable and appropriate notice,
information, restitution, protection, and access to a meaningful
role in the criminal justice process. These rights may include,
but not be limited to, the following:
1. The right to protection from further harm or reprisal through
the imposition of appropriate bail and conditions of release;
2. The right to be treated with respect, dignity and fairness
at all stages of the criminal justice system;
3. The right to address the circuit court at the time sentence
is imposed;
4. The right to receive timely notification of judicial proceedings;
5. The right to restitution;
6. The right to be advised of release from custody or escape of
the offender, whether before or after disposition; and
7. The right to confer with the prosecution.
This section does not confer upon any person a right to appeal
or modify any decision in a criminal proceeding, does not abridge
any other right guaranteed by the Constitution of the United States
or this Constitution, and does not create any cause of action
for compensation or damages against the Commonwealth or any of
its political subdivisions, any officer, employee or agent of
the Commonwealth or any of its political subdivisions, or any
officer of the court.
The amendment ratified November 5, 1996 and effective January
1, 1997—Added a new section (8-A).
Section 9. Prohibition of excessive
bail and fines, cruel and unusual punishment, suspension of habeas
corpus, bills of attainder, and ex post facto laws.
That excessive bail ought not
to be required, nor excessive fines imposed, nor cruel and unusual
punishments inflicted; that the privilege of the writ of habeas
corpus shall not be suspended unless when, in cases of invasion
or rebellion, the public safety may require; and that the General
Assembly shall not pass any bill of attainder, or any ex post
facto law.
Section 10. General warrants of search or
seizure prohibited.
That general warrants, whereby an officer or messenger may becommanded
to search suspected places without evidence of a fact committed,
or to seize any person or persons not named, or whose offense
is not particularly described and supported by evidence, are grievous
and oppressive, and ought not to be granted.
Section 11. Due process of law; obligation
of contracts; taking of private property; prohibited discrimination;
jury trial in civil cases.
That no person shall be deprived of his life, liberty, or property
without due process of law; that the General Assembly shall not
pass any law impairing the obligation of contracts, nor any law
whereby private property shall be taken or damaged for public
uses, without just compensation, the term "public uses"
to be defined by the General Assembly; and that the right to be
free from any governmental discrimination upon the basis of religious
conviction, race, color, sex, or national origin shall not be
abridged, except that the mere separation of the sexes shall not
be considered discrimination.
That in controversies respecting property, and in suits between
man and man, trial by jury is preferable to any other, and ought
to be held sacred. The General Assembly may limit the number of
jurors for civil cases in courts of record to not less than five.
Section 12. Freedom of speech and of the
press; right peaceably to assemble, and to petition.
That the freedoms of speech and of the press are among the great
bulwarks of liberty, and can never be restrained except by despotic
governments; that any citizen may freely speak, write, and publish
his sentiments on all subjects, being responsible for the abuse
of that right; that the General Assembly shall not pass any law
abridging the freedom of speech or of the press, nor the right
of the people peaceably to assemble, and to petition the government
for the redress of grievances.
Section 13. Militia; standing armies; military
subordinate to civil power.
That a well regulated militia, composed of the body of the people,
trained to arms, is the proper, natural, and safe defense of a
free state, therefore, the right of the people to keep and bear
arms shall not be infringed; that standing armies, in time of
peace, should be avoided as dangerous to liberty; and that in
all cases the military should be under strict subordination to,
and governed by, the civil power. Section 14. Government should be uniform.
That the people have a right to uniform government; and, therefore,
that no government separate from, or independent of, the government
of Virginia, ought to be erected or established within the limits
thereof.
Section 15. Qualities necessary to preservation
of free government.
That no free government, nor the blessings of liberty, can be
preserved to any people, but by a firm adherence to justice, moderation,
temperance, frugality, and virtue; by frequent recurrence to fundamental
principles; and by the recognition by all citizens that they have
duties as well as rights, and that such rights cannot be enjoyed
save in a society where law is respected and due process is observed.
That free government rests, as does all progress, upon the broadest
possible diffusion of knowledge, and that the Commonwealth should
avail itself of those talents which nature has sown so liberally
among its people by assuring
the opportunity for their fullest development by an effective
system of education throughout the Commonwealth.
Section 16. Free exercise of religion; no
establishment of religion.
That religion or the duty which we owe to our Creator, and the
manner of discharging it, can be directed only by reason and conviction,
not by force or violence; and, therefore, all men are equally
entitled to the free exercise of religion, according to the dictates
of conscience; and that it is the mutual duty of all to practice
Christian forbearance, love, and charity towards each other. No
man shall be compelled to frequent or support any religious worship,
place, or ministry whatsoever, nor shall be enforced, restrained,
molested, or burthened in his body or goods, nor shall otherwise
suffer on account of his religious opinions or belief; but all
men shall be free to profess and by argument to maintain their
opinions in matters of religion, and the same shall in nowise
diminish, enlarge, or affect their civil capacities. And the General
Assembly shall not prescribe any religious test whatever, or confer
any peculiar privileges or advantages on any sect or denomination,
or pass any law requiring or authorizing any religious society,
or the people of any district within this Commonwealth, to levy
on themselves or others, any tax for the erection or repair of
any house of public worship, or for the support of any church
or ministry; but it shall be left free to every person to select
his religious instructor, and to make for his support such private
contract as he shall please.
Section 17. Construction of the Bill of
Rights.
The rights enumerated in this Bill of Rights shall not be construed
to limit other rights of the people not therein expressed.
ARTICLE II
Franchise and Officers
Section
1. Qualifications of voters.
In elections by the people, the qualifications of voters shall
be as follows: Each voter shall be a citizen of the United States,
shall be eighteen years of age, shall fulfill the residence requirements
set forth in this section, and shall be registered to vote pursuant
to this article. No person who has been convicted of a felony
shall be qualified to vote unless his civil rights have been restored
by the Governor or other appropriate authority. As prescribed
by law, no person adjudicated to be mentally incompetent shall
be qualified to vote until his competency has been reestablished.
The residence requirements shall be that each voter shall be a
resident of the Commonwealth and of the precinct where he votes.
Residence, for all purposes of qualification to vote, requires
both domicile and a place of abode. The General Assembly may provide
for persons who are employed overseas, and their spouses and dependents
residing with them, and who are qualified to vote except for relinquishing
their place of abode in the Commonwealth while overseas, to vote
in the Commonwealth subject to conditions and time limits defined
by law.
The General Assembly may provide for persons who are qualified
to vote except for having moved their residence from one precinct
to another within the Commonwealth to continue to vote in a former
precinct subject to conditions and time limits defined by law.
The General Assembly may also provide, in elections for President
and Vice-President of the United States, alternatives to registration
for new residents of the Commonwealth.
Any person who will be qualified with respect to age to vote at
the next general election shall be permitted to register in advance
and also to vote in any intervening primary or special election.
The amendment ratified November 7, 1972 and effective January
1, 1973—In paragraph one, the voting age, formerly "twenty-one",
was reduced to "eighteen".
The amendment ratified November 2, 1976 and effective January
1, 1977—In paragraph two, substituted "be" for
"have been" and removed the durational residency requirement
of "six months" in the Commonwealth and "thirty
days" in the precinct in the first sentence. The second sentence
removed the language "fewer than thirty days prior to an
election" and, after the word "may", added the
language "in the following
November general election and (in any) intervening". In the
last sentence of the paragraph, the less-than-six-months residency
requirement for presidential elections was removed to conform
with the first sentence.
The amendment ratified November 5, 1996 and effective January
1, 1997—In paragraph two, deleted the second sentence: "A
person who is qualified to vote except for having moved his residence
from one precinct to another may in the following November general
election and in any intervening election vote in the precinct
from which he has moved.", added a next-to-the-last sentence:
"The General Assembly may provide for persons who are qualified
to vote . . .", and added "also" preceding "provide"
in the last sentence.
The amendment ratified November 3, 1998 and effective January
1, 1999—In paragraph two, added the third sentence: "The
General Assembly may provide for persons who are employed . .
."
Section 2. Registration of voters.
The General Assembly shall provide by law for the registration
of all persons otherwise qualified to vote who have met the residence
requirements contained in this article, and shall ensure that
the opportunity to register is made available. Registrations accomplished
prior to the effective date of this section shall be effective
hereunder. The registration records shall not be closed to new
or transferred registrations more than thirty days before the
election in which they are to be used.
Applications to register shall require the applicant to provide
the following information on a standard form: full name; date
of birth; residence address; social security number, if any; whether
the applicant is presently a United States citizen; and such additional
information as may be required by law. All applications to register
shall be completed by or at the direction of the applicant and
signed by the applicant, unless physically disabled. No fee shall
be charged to the applicant incident to an application to register.
Nothing in this article shall preclude the General Assembly from
requiring as a prerequisite to registration to vote the ability
of the applicant to read and complete in his own handwriting the
application to register.
The amendment ratified November 2, 1976 and effective January
1, 1977—In paragraph two, substituted "date of residence
in the precinct" for "length of residence in the Commonwealth
and in the precinct" and removed "time" of any
previous registrations to vote.
The amendment ratified November 2, 1982 and effective January
1, 1983—In paragraph two, after "maiden", added
"and any other prior legal" and deleted "of a woman,
if married", and after "birth;" deleted "marital
status; occupation;".
The amendment ratified November 8, 1994 and effective January
1, 1995—In paragraph two, after "to provide", deleted
"under oath", after "has been restored.",
deleted "Except as otherwise provided in this Constitution,",
and after "shall be completed", deleted "in person
before the registrar and".
The amendment ratified November 5, 1996 and effective January
1, 1997—In paragraph two, after "full name", deleted
", including the maiden and any other prior legal name; age";
after "date", deleted "and place"; added "residence
address;" after "of birth;"; and substituted "and
such additional information as may be required by law" for
"address and place of abode and date of residence in the
precinct; place of any previous registrations to vote; and whether
the applicant has ever been adjudicated to be mentally incompetent
or convicted of a felony, and if so, under what circumstances
the applicant’s right to vote has been restored". Section 3. Method of voting.
In elections by the people, the following safeguards shall be
maintained: Voting shall be by ballot or by machines for receiving,
recording, and counting votes cast. No ballot or list of candidates
upon any voting machine shall bear any distinguishing mark or
symbol, other than words identifying political party affiliation;
and their form, including the offices to be filled and the listing
of candidates or nominees, shall be as uniform as is practicable
throughout the Commonwealth or smaller governmental unit in which
the election is held.
In elections other than primary elections, provision shall be
made whereby votes may be cast for persons other than the listed
candidates or nominees. Secrecy in casting votes shall be maintained,
except as provision may be made for assistance to handicapped
voters, but the ballot box or voting machine shall be kept in
public view and shall not be opened, nor the ballots canvassed
nor the votes counted, in secret. Votes may be cast in person
or by absentee ballot as provided by law.
The amendment ratified November
8, 1994 and effective January 1, 1995—In paragraph two, after
"Votes may be cast", deleted "only in person, except
as otherwise provided in this article" and added "in
person or by absentee ballot as provided by law".
Section 4. Powers and duties of General Assembly.
The General Assembly shall establish a uniform system for permanent
registration of voters pursuant to this Constitution, including
provisions for appeal by any person denied registration, correction
of illegal or fraudulent registrations, penalties for illegal,
fraudulent, or false registrations, proper transfer of all registered
voters, and cancellation of registrations in other jurisdictions
of persons who apply to register to vote in the Commonwealth.
The General Assembly shall provide for maintenance of accurate
and current registration records and may provide for the cancellation
of registrations for such purpose.
The General Assembly shall provide for the nomination of candidates,
shall regulate the time, place, manner, conduct, and administration
of primary, general, and special elections, and shall have power
to make any other law regulating elections not inconsistent with
this Constitution.
The amendment ratified November 8, 1994 and effective January
1, 1995—In paragraph one, after "fraudulent registrations,",
added "penalties for illegal, fraudulent, or false registrations,"
and replaced "shall provide for cancellation" with "may
provide for the cancellation". Deleted provision for canceling
a voter’s registration for not having voted for four years,
allowing the General Assembly to revise laws for canceling a person’s
registration for not voting. Deleted a paragraph relating to registration
and voting by absentee application and ballot for those in the
armed forces or temporarily employed out of the country, and for
other qualified voters. [The amendment to this section ratified
November 2, 1976 and effective January 1, 1977 and the amendment
to this section ratified November 4, 1986 and effective July 1,
1987 were superseded by the 1994 amendment.]
Section 5. Qualifications to hold elective
office.
The only qualification to hold any office of the Commonwealth
or of its governmental units, elective by the people, shall be
that a person must have been a resident of the Commonwealth for
one year next preceding his election and be qualified to vote
for that office, except as otherwise provided in this Constitution,
and except that:
(a) the General Assembly may impose more restrictive geographical
residence requirements for election of its members, and may permit
other governing bodies in the Commonwealth to impose more restrictive
geographical residence requirements for election to such governing
bodies, but no such requirements shall impair equal representation
of the persons entitled to vote;
(b) the General Assembly may provide that residence in a local
governmental unit is not required for election to designated elective
offices in local governments, other than membership in the local
governing body; and
(c) nothing in this Constitution shall limit the power of the
General Assembly to prevent conflict of interests, dual officeholding,
or other incompatible activities by elective or appointive officials
of the Commonwealth or of any political subdivision.
The amendment ratified November 2, 1976 and effective January
1, 1977—In paragraph one, after "one year", added
the language "next preceding his election".
Section 6. Apportionment.
Members of the House of Representatives of the United States and
members of the Senate and of the House of Delegates of the General
Assembly shall be elected from electoral districts established
by the General Assembly. Every electoral district shall be composed
of contiguous and compact territory and shall be so constituted
as to give, as nearly as is practicable, representation in proportion
to the population of the district. The General Assembly shall
reapportion the Commonwealth into electoral districts in accordance
with this section in the year 2011 and every ten years thereafter.
Any such decennial reapportionment
law shall take effect immediately and not be subject to the limitations
contained in Article IV, Section 13, of this Constitution.
The districts delineated
in the decennial reapportionment law shall be implemented for
the November general election for the United States House of Representatives,
Senate, or House of Delegates, respectively, that is held immediately
prior to the expiration of the term being served in the year that
the reapportionment law is required to be enacted. A member in
office at the time that a decennial redistricting law is enacted
shall complete his term of office and shall continue to represent
the district from which he was elected for the duration of such
term of office so long as he does not move his residence from
the district from which he was elected. Any vacancy occurring
during such term shall be filled from the same district that elected
the member whose vacancy is being filled.
Section 7. Oath or affirmation.
All officers elected or appointed under or pursuant to this Constitution
shall, before they enter on the performance of their public duties,
severally take and subscribe the following oath or affirmation:
"I do solemnly swear (or affirm) that I will support the
Constitution of the United States, and the Constitution of the
Commonwealth of Virginia, and that I will faithfully and impartially
discharge all the duties incumbent upon me as ....................,
according to the best of my ability (so help me God)."
Section 8. Electoral boards; registrars and
officers of election.
There shall be in each county and city an electoral board composed
of three members, selected as provided by law. In the appointment
of the electoral boards, representation, as far as practicable,
shall be given to each of the two political parties which, at
the general election next preceding their appointment, cast the
highest and the next highest number of votes. The present members
of such boards shall continue in office until the expiration of
their respective terms; thereafter their successors shall be appointed
for the term of three years. Any vacancy occurring in any board
shall be filled by the same authority for the unexpired term.
Each electoral board shall appoint the officers of election and
general registrar for its county or city. In appointing such officers
of election, representation, as far as practicable, shall be given
to each of the two political parties which, at the general election
next preceding their appointment, cast the highest and next highest
number of votes.
No person, nor the deputy of any person, who is employed by or
holds any office or post of profit or emolument, or who holds
any elective office of profit or trust, under the governments
of the United States, the Commonwealth, or any county, city, or
town, shall be appointed a member of the electoral board or general
registrar. No person, nor the deputy or the employee of any person,
who holds any elective office of profit or trust under the government
of the United States, the Commonwealth, or any county, city, or
town of the Commonwealth shall be appointed an assistant registrar
or officer of election.
The amendment ratified November 4, 1986 and effective January
1, 1987—In paragraph two, after "officers", deleted
the words "and registrars" and added "and general
registrar" after "of election". In paragraph three,
after "the electoral board or", added the word "general"
before "registrar" and deleted a reference to officer
of election, and added the last sentence: "No person, nor
the deputy or the employee of any person . . .". Section 9. Privileges of voters during election.
No voter, during the time of holding any election at which he
is entitled to vote, shall be compelled to perform military service,
except in time of war or public danger, nor to attend any court
as suitor, juror, or witness; nor shall any such voter be subject
to arrest under any civil process during his attendance at election
or in going to or returning therefrom.
ARTICLE
III
Division of Powers
Section 1. Departments to be distinct.
The legislative, executive, and judicial departments shall be
separate and distinct, so that none exercise the powers properly
belonging to the others, nor any person exercise the power of
more than one of them at the same time; provided, however, administrative
agencies may be created by the General Assembly with such authority
and duties as the General Assembly may prescribe. Provisions may
be made for judicial review of any finding, order, or judgment
of such administrative agencies.
ARTICLE IV
Legislature
Section 1. Legislative power.
The legislative power of the Commonwealth shall be vested in a
General Assembly, which shall consist of a Senate and House of
Delegates.
Section 2. Senate.
The Senate shall consist of not more than forty and not less than
thirty-three members, who shall be elected quadrennially by the
voters of the several senatorial districts on the Tuesday succeeding
the first Monday in November. Section 3. House of Delegates.
The House of Delegates shall consist of not more than one hundred
and not less than ninety members, who shall be elected biennially
by the voters of the several house districts on the Tuesday succeeding
the first Monday in November.
Section 4. Qualifications of senators and
delegates.
Any person may be elected to the Senate who, at the time of the
election, is twenty-one years of age, is a resident of the senatorial
district which he is seeking to represent, and is qualified to
vote for members of the General Assembly. Any person may be elected
to the House of Delegates who, at the time of the election, is
twenty-one years of age, is a resident of the house district which
he is seeking to represent, and is qualified to vote for members
of the General Assembly. A senator or delegate who moves his residence
from the district for which he is elected shall thereby vacate
his office.
No person holding a salaried office under the government of the
Commonwealth, and no judge of any court, attorney for the Commonwealth,
sheriff, treasurer, assessor of taxes, commissioner of the revenue,
collector of taxes, or clerk of any court shall be a member of
either house of the General Assembly during his continuance in
office; and his qualification as a member shall vacate any such
office held by him. No person holding any office or post of profit
or emolument under the United States government, or who is in
the employment of such government, shall be eligible to either
house. Section 5. Compensation; election to civil office
of profit.
The members of the General Assembly shall receive such salary
and allowances as may be prescribed by law, but no increase in
salary shall take effect for a given member until after the end
of the term for which he was elected. No member during the term
for which he shall have been elected shall be elected by the General
Assembly to any civil office of profit in the Commonwealth.
Section 6. Legislative sessions.
The General Assembly shall meet once each year on the second Wednesday
in January. Except as herein provided for reconvened sessions,
no regular session of the General Assembly convened in an even-numbered
year shall continue longer than sixty days; no regular session
of the General Assembly convened in an odd-numbered year shall
continue longer than thirty days; but with the concurrence of
two-thirds of the members elected to each house, any regular session
may be extended for a period not exceeding thirty days. Neither
house shall, without the consent of the other, adjourn to another
place, nor for more than three days.
The Governor may convene a special session of the General Assembly
when, in his opinion, the interest of the Commonwealth may require
and shall convene a special session upon the application of two-thirds
of the members elected to each house.
The General Assembly shall reconvene on the sixth Wednesday after
adjournment of each regular or special session for the purpose
of considering bills which may have been returned by the Governor
with recommendations for their amendment and bills and items of
appropriation bills which may have been returned by the Governor
with his objections. No other business shall be considered at
a reconvened session. Such reconvened session shall not continue
longer than three days unless the session be extended, for a period
not exceeding seven additional days, upon the vote of the majority
of the members elected to each house.
The amendment ratified November 4, 1980 and effective January
1, 1981—After the first sentence in the first paragraph,
added "Except as herein provided for reconvened sessions,"
and added a third paragraph "The General Assembly shall reconvene
on the sixth Wednesday . . .".
Section 7. Organization of General Assembly.
The House of Delegates shall choose its own Speaker; and, in the
absence of the Lieutenant Governor, or when he shall exercise
the office of Governor, the Senate shall choose from its own body
a president pro tempore. Each house shall select its officers
and settle its rules of procedure. The houses may jointly provide
for legislative continuity between sessions occurring during the
term for which members of the House of Delegates are elected.
Each house may direct writs of election for supplying vacancies
which may occur during a session of the General Assembly. If vacancies
exist while the General Assembly is not in session, such writs
may be issued by the Governor under such regulations as may be
prescribed by law. Each house shall judge of the election, qualification,
and returns of its members, may punish them for disorderly behavior,
and, with the concurrence of two-thirds of its elected membership,
may expel a member.
Section 8. Quorum.
A majority of the members elected to each house shall constitute
a quorum to do business, but a smaller number may adjourn from
day to day and shall have power to compel the attendance of members
in such manner and under such penalty as each house may prescribe.
A smaller number, not less than two-fifths of the elected membership
of each house, may meet and may, notwithstanding any other provision
of this Constitution, enact legislation if the Governor by proclamation
declares that a quorum of the General Assembly cannot be convened
because of enemy attack upon the soil of Virginia. Such legislation
shall remain effective only until thirty days after a quorum of
the General Assembly can be convened.
Section 9. Immunity of legislators.
Members of the General Assembly shall, in all cases except treason,
felony, or breach of the peace, be privileged from arrest during
the sessions of their respective houses; and for any speech or
debate in either house shall not be questioned in any other place.
They shall not be subject to arrest under any civil process during
the sessions of the General Assembly, or during the fifteen days
before the beginning or after the ending of any session.
Section 10. Journal of proceedings.
Each house shall keep a journal of its proceedings, which shall
be published from time to time. The vote of each member voting
in each house on any question shall, at the desire of one-fifth
of those present, be recorded in the journal. On the final vote
on any bill, and on the vote in any election or impeachment conducted
in the General Assembly or on the expulsion of a member, the name
of each member voting in each house and how he voted shall be
recorded in the journal.
Section 11. Enactment of laws.
No law shall be enacted except by bill. A bill may originate in
either house, may be approved or rejected by the other, or may
be amended by either, with the concurrence of the other.
No bill shall become a law unless, prior to its passage:
(a) it has been referred to a committee of each house, considered
by such committee in session, and reported;
(b) it has been printed by the house in which it originated prior
to its passage therein;
(c) it has been read by its title, or its title has been printed
in a daily calendar, on three different calendar days in each
house; and
(d) upon its final passage a vote has been taken thereon in each
house, the name of each member voting for and against recorded
in the journal, and a majority of those voting in each house,
which majority shall include at least two-fifths of the members
elected to that house, recorded in the affirmative.
Only in the manner required in subparagraph (d) of this section
shall an amendment to a bill by one house be concurred in by the
other, or a conference report be adopted by either house, or either
house discharge a committee from the consideration of a bill and
consider the same as if reported. The printing and reading, or
either, required in subparagraphs (b) and (c) of this section,
may be dispensed with in a bill to codify the laws of the Commonwealth,
and in the case of an emergency by a vote of four-fifths of the
members voting in each house, the name of each member voting and
how he voted to be recorded in the journal.
No bill which creates or establishes a new office, or which creates,
continues, or revives a debt or charge, or which makes, continues,
or revives any appropriation of public or trust money or property,
or which releases, discharges, or commutes any claim or demand
of the Commonwealth, or which imposes, continues, or revives a
tax, shall be passed except by the affirmative vote of a majority
of all the members elected to each house, the name of each member
voting and how he voted to be recorded in the journal.
Every law imposing, continuing, or reviving a tax shall specifically
state such tax. However, any law by which taxes are imposed may
define or specify the subject and provisions of such tax by reference
to any provision of the laws of the United States as those laws
may be or become effective at any time or from time to time, and
may prescribe exceptions or modifications to any such provision.
The presiding officer of each house or upon his inability or failure
to act a person designated by a majority of the members elected
to each house shall, not later than three days after each bill
is enrolled, sign each bill that has been passed by both houses
and duly enrolled. The fact of signing shall be recorded in the
journal.
The amendment ratified November 4, 1980 and effective January
1, 1981—In the last paragraph, substituted "or upon
his inability or failure to act a person designated by a majority
of the members elected to each house shall, not later than three
days after each bill is enrolled, sign each" for "shall,
not later than twenty days after adjournment, sign every".
Section 12. Form of laws.
No law shall embrace more than one object, which shall be expressed
in its title. Nor shall any law be revived or amended with reference
to its title, but the act revived or the section amended shall
be reenacted and published at length.
Section 13. Effective date of laws.
All laws enacted at a regular session, including laws which are
enacted by reason of actions taken during the reconvened session
following a regular session, but excluding a general appropriation
law, shall take effect on the first day of July following the
adjournment of the session of the General Assembly at which it
has been enacted; and all laws
enacted at a special session, including laws which are enacted
by reason of actions taken during the reconvened session following
a special session but excluding a general appropriation law, shall
take effect on the first day of the fourth month following the
month of adjournment of the special session; unless in the case
of an emergency (which emergency shall be expressed in the body
of the bill) the General Assembly shall specify an earlier date
by a vote of four-fifths of the members voting in each house,
the name of each member voting and how he voted to be recorded
in the journal, or unless a subsequent date is specified in the
body of the bill or by general law.
The amendment ratified November 4, 1980 and effective January
1, 1981—Rewrote the section so that all laws enacted at regular
sessions and reconvened sessions which follow will take effect
on July 1 rather than on the first day of the fourth month following
the month of adjournment, and all laws enacted at special sessions
and reconvened sessions which follow will take effect on the fourth
month following the month of adjournment, excluding the general
appropriation laws.
Section 14. Powers of General Assembly;
limitations.
The authority of the General Assembly shall extend to all subjects
of legislation not herein forbidden or restricted; and a specific
grant of authority in this Constitution upon a subject shall not
work a restriction of its authority upon the same or any other
subject. The omission in this Constitution of specific grants
of authority heretofore conferred shall not be construed to deprive
the General Assembly of such authority, or to indicate a change
of policy in reference thereto, unless such purpose plainly appear.
The General Assembly shall confer on the courts power to grant
divorces, change the names of persons, and direct the sales of
estates belonging to infants and other persons under legal disabilities,
and shall not, by special legislation, grant relief in these or
other cases of which the courts or other tribunals may have jurisdiction.
The General Assembly may regulate the exercise by courts of the
right to punish for contempt.
The General Assembly's power to define the accrual date for a
civil action based on an intentional tort committed by a natural
person against a person who, at the time of the intentional tort,
was a minor shall include the power to provide for the retroactive
application of a change in the accrual date. No natural person
shall have a constitutionally protected property right to bar
a cause of action based on intentional torts as described herein
on the ground that a change in the accrual date for the action
has been applied retroactively or that a statute of limitations
or statute of repose has expired.
The General Assembly shall not enact any local, special, or private
law in the following cases:
(1) For the punishment of crime.
(2) Providing a change of venue in civil or criminal cases.
(3) Regulating the practice in, or the jurisdiction of, or changing
the rules of evidence in any judicial proceedings or inquiry before
the courts or other tribunals, or providing or changing the methods
of collecting debts or enforcing judgments or prescribing the
effect of judicial sales of real estate.
(4) Changing or locating county seats.
(5) For the assessment and collection of taxes, except as to animals
which the General Assembly may deem dangerous to the farming interests.
(6) Extending the time for the assessment or collection of taxes.
(7) Exempting property from taxation.
(8) Remitting, releasing, postponing, or diminishing any obligation
or liability of any person, corporation, or association to the
Commonwealth or to any political subdivision thereof.
(9) Refunding money lawfully
paid into the treasury of the Commonwealth or the treasury of
any political subdivision thereof.
(10) Granting from the treasury of the Commonwealth, or granting
or authorizing to be granted from the treasury of any political
subdivision thereof, any extra compensation to any public officer,
servant, agent, or contractor.
(11) For registering voters, conducting elections, or designating
the places of voting.
(12) Regulating labor, trade, mining, or manufacturing, or the
rate of interest on money.
(13) Granting any pension.
(14) Creating, increasing, or decreasing, or authorizing to be
created, increased, or decreased, the salaries, fees, percentages,
or allowances of public officers during the term for which they
are elected or appointed.
(15) Declaring streams navigable, or authorizing the construction
of booms or dams therein, or the removal of obstructions therefrom.
(16) Affecting or regulating fencing or the boundaries of land,
or the running at large of stock.
(17) Creating private corporations, or amending, renewing, or
extending the charters thereof.
(18) Granting to any private corporation, association, or individual
any special or exclusive right, privilege, or immunity.
(19) Naming or changing the name of any private corporation or
association.
(20) Remitting the forfeiture of the charter of any private corporation,
except upon the condition that such corporation shall thereafter
hold its charter subject to the provisions of this Constitution
and the laws passed in pursuance thereof.
The General Assembly shall not grant a charter of incorporation
to any church or religious denomination, but may secure the title
to church property to an extent to be limited by law.
The amendment ratified November 8, 1994 and effective January
1, 1995—Added a new paragraph after paragraph three.
Section 15. General laws.
In all cases enumerated in the preceding section, and in every
other case which, in its judgment, may be provided for by general
laws, the General Assembly shall enact general laws. Any general
law shall be subject to amendment or repeal, but the amendment
or partial repeal thereof shall not operate directly or indirectly
to enact, and shall not have the effect of enactment of, a special,
private, or local law.
No general or special law shall surrender or suspend the right
and power of the Commonwealth, or any political subdivision thereof,
to tax corporations and corporate property, except as authorized
by Article X. No private corporation, association, or individual
shall be specially exempted from the operation of any general
law, nor shall a general law's operation be suspended for the
benefit of any private corporation, association, or individual.
Section 16. Appropriations to religious
or charitable bodies.
The General Assembly shall not make any appropriation of public
funds, personal property, or real estate to any church or sectarian
society, or any association or institution of any kind whatever
which is entirely or partly, directly or indirectly, controlled
by any church or sectarian society. Nor shall the General Assembly
make any like appropriation to any charitable institution which
is not owned or controlled by the Commonwealth; the General Assembly
may, however, make appropriations to nonsectarian institutions
for the reform of youthful criminals and may also authorize counties,
cities, or towns to make such appropriations to any charitable
institution or association.
Section 17. Impeachment.
The Governor, Lieutenant Governor, Attorney General, judges, members
of the State Corporation Commission, and all officers appointed
by the Governor or elected by the General Assembly, offending
against the Commonwealth by malfeasance in office, corruption,
neglect of duty, or other high crime or misdemeanor may be impeached
by the House of Delegates and prosecuted before the Senate, which
shall have the sole power to try impeachments. When sitting for
that purpose, the senators shall be on oath or affirmation, and
no person shall be convicted without the concurrence of two-thirds
of the senators present. Judgment in case of impeachment shall
not extend further than removal from office and disqualification
to hold and enjoy any office of honor, trust, or profit under
the Commonwealth; but the person convicted shall nevertheless
be subject to indictment, trial, judgment, and punishment according
to law. The Senate may sit during the recess of the General Assembly
for the trial of impeachments.
Section 18. Auditor of Public Accounts.
An Auditor of Public Accounts shall be elected by the joint vote
of the two houses of the General Assembly for the term of four
years. His powers and duties shall be prescribed by law.
ARTICLE V
Executive
Section 1. Executive
power; Governor's term of office.
The chief executive power of the Commonwealth shall be vested
in a Governor. He shall hold office for a term commencing upon
his inauguration on the Saturday after the second Wednesday in
January, next succeeding his election, and ending in the fourth
year thereafter immediately upon the inauguration of his successor.
He shall be ineligible to the same office for the term next succeeding
that for which he was elected, and to any other office during
his term of service.
Section 2. Election of Governor.
The Governor shall be elected by the qualified voters of the Commonwealth
at the time and place of choosing members of the General Assembly.
Returns of the election shall be transmitted, under seal, by the
proper officers, to the State Board of Elections, or such other
officer or agency as may be designated by law, which shall cause
the returns to be opened and the votes to be counted in the manner
prescribed by law. The person having the highest number of votes
shall be declared elected; but if two or more shall have the highest
and an equal number of votes, one of them shall be chosen Governor
by a majority of the total membership of the General Assembly.
Contested elections for Governor shall be decided by a like vote.
The mode of proceeding in such cases shall be prescribed by law.
Section 3. Qualifications of Governor.
No person except a citizen of the United States shall be eligible
to the office of Governor; nor shall any person be eligible to
that office unless he shall have attained the age of thirty years
and have been a resident of the Commonwealth and a registered
voter in the Commonwealth for five years next preceding his election.
Section 4. Place of residence and compensation
of Governor.
The Governor shall reside at the seat of government. He shall
receive for his services a compensation to be prescribed by law,
which shall neither be increased nor diminished during the period
for which he shall have been elected. While in office he shall
receive no other emolument from this or any other government.
Section 5. Legislative responsibilities of
Governor.
The Governor shall communicate to the General Assembly, at every
regular session, the condition of the Commonwealth, recommend
to its consideration such measures as he may deem expedient, and
convene the General Assembly on application of two-thirds of the
members elected to each house thereof, or when, in his opinion,
the interest of the Commonwealth may require. Section 6. Presentation of bills; powers of
Governor; vetoes and amendments.
(a) Every bill which passes the Senate and House of Delegates,
before it becomes law, shall be presented to the Governor.
(b) During a regular or special session, the Governor shall have
seven days in which to act on the bill after it is presented to
him and to exercise one of the three options set out below. If
the Governor does not act on the bill, it shall become law without
his signature.
(i) The Governor may sign the bill if he approves it, and the
bill shall become law.
(ii) The Governor may veto the bill if he objects to it by returning
the bill with his objections to the house in which the bill originated.
The house shall enter the objections in its journal and reconsider
the bill. The house may override the veto by a two-thirds vote
of the members present, which two-thirds shall include a majority
of the members elected to that house. If the house of origin overrides
the Governor's veto, it shall send the bill and Governor's objections
to the other house where the bill shall be reconsidered. The second
house may override the Governor's veto by a two-thirds vote of
the members present, which two-thirds shall include a majority
of the members elected to that house. If both houses override
the Governor's veto, the bill shall become law without his signature.
If either house fails to override the Governor's veto, the veto
shall stand and the bill shall not become law.
(iii) The Governor may recommend one or more specific and severable
amendments to a bill by returning it with his recommendation to
the house in which it originated. The house shall enter the Governor's
recommendation in its journal and reconsider the bill. If both
houses agree to the Governor's entire recommendation, the bill,
as amended, shall become law. Each house may agree to the Governor's
amendments by a majority vote of the members present. If both
houses agree to the bill in the form originally sent to the Governor
by a two-thirds vote of all members present in each house, which
two-thirds shall include a majority of the members elected to
that house, the original bill shall become law. If the Governor
sends down specific and severable amendments then each house may
determine, in accordance with its own procedures, whether to act
on the Governor's amendments en bloc or individually, or any combination
thereof. If the house of origin agrees to one or more of the Governor's
amendments, it shall send the bill and the entire recommendation
to the other house. The second house may also agree to one or
more of the Governor's amendments. If either house fails to agree
to the Governor's entire recommendation or fails to agree to at
least one of the Governor's amendments agreed to by the other
house, the bill, as originally presented to the Governor, shall
be returned to the Governor. If both houses agree to one or more
amendments but not to the entire recommendation of the Governor,
the bill shall be reenrolled with the Governor's amendments agreed
to by both houses and shall be returned to the Governor. If the
Governor fails to send down specific and severable amendments
as determined by the majority vote of the members present in either
house, then the bill shall be before that house, in the form originally
sent to the Governor and may be acted upon in accordance with
Article IV, Section 11 of this Constitution and returned to the
Governor. The Governor shall either sign or veto a bill returned
as provided in this subsection or, if there are fewer than seven
days remaining in the session, as provided in subsection (c).
(c) When there are fewer than seven days remaining in the regular
or special session from the date a bill is presented to the Governor
and the General Assembly adjourns to a reconvened session, the
Governor shall have thirty days from the date of adjournment of
the regular or special session in which to act on the bills presented
to him and to exercise one of the three options set out below.
If the Governor does not act on any bill, it shall become law
without his signature.
(i) The Governor may sign the bill if he approves it, and the
bill shall become law.
(ii) The Governor may veto
the bill if he objects to it by returning the bill with his objections
to the house in which the bill originated. The same procedures
for overriding his veto are applicable as stated in subsection
(b) for bills vetoed during the session.
(iii) The Governor may recommend one or more specific and severable
amendments to a bill by returning it with his recommendation to
the house in which it originated. The same procedures for considering
his recommendation are applicable as stated in subsection (b)
(iii) for bills returned with his recommendation. The Governor
shall either sign or veto a bill returned to him from a reconvened
session. If the Governor vetoes the bill, the veto shall stand
and the bill shall not become law. If the Governor does not act
on the bill within thirty days after the adjournment of the reconvened
session, the bill shall become law without his signature.
(d) The Governor shall have the power to veto any particular item
or items of an appropriation bill, but the veto shall not affect
the item or items to which he does not object. The item or items
objected to shall not take effect except in the manner provided
in this section for a bill vetoed by the Governor.
(e) In all cases set forth above, the names of the members voting
for and against the bill, the amendment or amendments to the bill,
or the item or items of an appropriation bill shall be entered
on the journal of each house.
The amendment ratified November 8, 1994 and effective January
1, 1995—Rewrote the section to provide that the Governor
may offer only one set of amendments to any bill, to require the
Governor to take action to veto a bill, to allow the General Assembly
to sever the Governor’s amendments, acting on them individually
or en bloc, and to allow the General Assembly to propose its own
amendments if it determines the Governor’s amendments are
not severable. [The amendment to this section ratified November
4, 1980 and effective January 1, 1981 was superseded by the 1994
amendment.]
Section 7. Executive and administrative powers.
The Governor shall take care that the laws be faithfully executed.
The Governor shall be commander-in-chief of the armed forces of
the Commonwealth and shall have power to embody such forces to
repel invasion, suppress insurrection, and enforce the execution
of the laws.
The Governor shall conduct, either in person or in such manner
as shall be prescribed by law, all intercourse with other and
foreign states.
The Governor shall have power to fill vacancies in all offices
of the Commonwealth for the filling of which the Constitution
and laws make no other provision. If such office be one filled
by the election of the people, the appointee shall hold office
until the next general election, and thereafter until his successor
qualifies, according to law. The General Assembly shall, if it
is in session, fill vacancies in all offices which are filled
by election by that body.
Gubernatorial appointments to fill vacancies in offices which
are filled by election by the General Assembly or by appointment
by the Governor which is subject to confirmation by the Senate
or the General Assembly, made during the recess of the General
Assembly, shall expire at the end of thirty days after the commencement
of the next session of the General Assembly.
Section 8. Information from administrative
officers.
The Governor may require information in writing, under oath, from
any officer of any executive or administrative department, office,
or agency, or any public institution upon any subject relating
to their respective departments, offices, agencies, or public
institutions; and he may inspect at any time their official books,
accounts, and vouchers, and ascertain the conditions of the public
funds in their charge, and in that connection may employ accountants.
He may require the opinion in writing of the Attorney General
upon any question of law affecting the official duties of the
Governor.
Section 9. Administrative organization.
The functions, powers, and duties of the administrative departments
and divisions and of the agencies of the Commonwealth within the
legislative and executive branches may be prescribed by law.
Section 10.
Appointment and removal of administrative officers.
Except as may be otherwise provided in this Constitution, the
Governor shall appoint each officer serving as the head of an
administrative department or division of the executive branch
of the government, subject to such confirmation as the General
Assembly may prescribe. Each officer appointed by the Governor
pursuant to this section shall have such professional qualifications
as may be prescribed by law and shall serve at the pleasure of
the Governor.
Section 11. Effect of refusal of General
Assembly to confirm an appointment by the Governor.
No person appointed to any office by the Governor, whose appointment
is subject to confirmation by the General Assembly, under the
provisions of this Constitution or any statute, shall enter upon,
or continue in, office after the General Assembly shall have refused
to confirm his appointment, nor shall such person be eligible
for reappointment during the recess of the General Assembly to
fill the vacancy caused by such refusal to confirm. Section 12. Executive clemency.
The Governor shall have power to remit fines and penalties under
such rules and regulations as may be prescribed by law; to grant
reprieves and pardons after conviction except when the prosecution
has been carried on by the House of Delegates; to remove political
disabilities consequent upon conviction for offenses committed
prior or subsequent to the adoption of this Constitution; and
to commute capital punishment.
He shall communicate to the General Assembly, at each regular
session, particulars of every case of fine or penalty remitted,
of reprieve or pardon granted, and of punishment commuted, with
his reasons for remitting, granting, or commuting the same.
Section 13. Lieutenant Governor; election
and qualifications.
A Lieutenant Governor shall be elected at the same time and for
the same term as the Governor, and his qualifications and the
manner and ascertainment of his election, in all respects, shall
be the same, except that there shall be no limit on the terms
of the Lieutenant Governor.
Section 14. Duties and compensation of Lieutenant
Governor.
The Lieutenant Governor shall be President of the Senate but shall
have no vote except in case of an equal division. He shall receive
for his services a compensation to be prescribed by law, which
shall not be increased nor diminished during the period for which
he shall have been elected.
Section 15. Attorney General.
An Attorney General shall be elected by the qualified voters of
the Commonwealth at the same time and for the same term as the
Governor; and the fact of his election shall be ascertained in
the same manner. No person shall be eligible for election or appointment
to the office of Attorney General unless he is a citizen of the
United States, has attained the age of thirty years, and has the
qualifications required for a judge of a court of record. He shall
perform such duties and receive such compensation as may be prescribed
by law, which compensation shall neither be increased nor diminished
during the period for which he shall have been elected. There
shall be no limit on the terms of the Attorney General.
Section 16. Succession to the office of
Governor.
When the Governor-elect is disqualified, resigns, or dies following
his election but prior to taking office, the Lieutenant Governor-elect
shall succeed to the office of Governor for the full term. When
the Governor-elect fails to assume office for any other reason,
the Lieutenant Governor-elect shall serve as Acting Governor.
Whenever the Governor transmits
to the President pro tempore of the Senate and the Speaker of
the House of Delegates his written declaration that he is unable
to discharge the powers and duties of his office and until he
transmits to them a written declaration to the contrary, such
powers and duties shall be discharged by the Lieutenant Governor
as Acting Governor.
Whenever the Attorney General, the President pro tempore of the
Senate, and the Speaker of the House of Delegates, or a majority
of the total membership of the General Assembly, transmit to the
Clerk of the Senate and the Clerk of the House of Delegates their
written declaration that the Governor is unable to discharge the
powers and duties of his office, the Lieutenant Governor shall
immediately assume the powers and duties of the office as Acting
Governor.
Thereafter, when the Governor transmits to the Clerk of the Senate
and the Clerk of the House of Delegates his written declaration
that no inability exists, he shall resume the powers and duties
of his office unless the Attorney General, the President pro tempore
of the Senate, and the Speaker of the House of Delegates, or a
majority of the total membership of the General Assembly, transmit
within four days to the Clerk of the Senate and the Clerk of the
House of Delegates their written declaration that the Governor
is unable to discharge the powers and duties of his office. Thereupon
the General Assembly shall decide the issue, convening within
forty-eight hours for that purpose if not already in session.
If within twenty-one days after receipt of the latter declaration
or, if the General Assembly is not in session, within twenty-one
days after the General Assembly is required to convene, the General
Assembly determines by three-fourths vote of the elected membership
of each house of the General Assembly that the Governor is unable
to discharge the powers and duties of his office, the Lieutenant
Governor shall become Governor; otherwise, the Governor shall
resume the powers and duties of his office.
In the case of the removal of the Governor from office or in the
case of his disqualification, death, or resignation, the Lieutenant
Governor shall become Governor.
If a vacancy exists in the office
of Lieutenant Governor when the Lieutenant Governor is to succeed
to the office of Governor or to serve as Acting Governor, the
Attorney General, if he is eligible to serve as Governor, shall
succeed to the office of Governor for the unexpired term or serve
as Acting Governor. If the Attorney General is ineligible to serve
as Governor, the Speaker of the House of Delegates, if he is eligible
to serve as Governor, shall succeed to the office of Governor
for the unexpired term or serve as Acting Governor. If a vacancy
exists in the office of the Speaker of the House of Delegates
or if the Speaker of the House of Delegates is ineligible to serve
as Governor, the House of Delegates shall convene and fill the
vacancy.
In the event of an emergency or enemy
attack upon the soil of Virginia and a resulting inability of
the House of Delegates to convene to fill the vacancy, the Speaker
of the House, the person designated to act in his stead as prescribed
in the Rules of the House of Delegates, the President pro tempore
of the Senate, or the majority leader of the Senate, in that designated
order, shall serve as Acting Governor until such time as the House
of Delegates convenes to elect a Governor.
The General Assembly may provide
by law for the waiver of the eligibility requirements for the
Attorney General, Speaker of the House, or acting Speaker to serve
as Governor or Acting Governor in the event of an emergency or
enemy attack upon the soil of Virginia as evidenced by a proclamation
of the Governor or alternative authority prescribed by law.
Section 17. Commissions and grants.
Commissions and grants shall run in the name of the Commonwealth
of Virginia, and be attested by the Governor, with the seal of
the Commonwealth annexed.
ARTICLE VI
Judiciary
Section 1. Judicial
power; jurisdiction.
The judicial power of the Commonwealth shall be vested in a Supreme
Court and in such other courts of original or appellate jurisdiction
subordinate to the Supreme Court as the General Assembly may from
time to time establish. Trial courts of general jurisdiction,
appellate courts, and such other courts as shall be so designated
by the General Assembly shall be known as courts of record.
The Supreme Court shall, by virtue of this Constitution, have
original jurisdiction in cases of habeas corpus, mandamus, and
prohibition; to consider claims of actual innocence presented
by convicted felons in such cases and in such manner as may be
provided by the General Assembly; in matters of judicial censure,
retirement, and removal under Section 10 of this article, and
to answer questions of state law certified by a court of the United
States or the highest appellate court of any other state. All
other jurisdiction of the Supreme Court shall be appellate. Subject
to such reasonable rules as may be prescribed as to the course
of appeals and other procedural matters, the Supreme Court shall,
by virtue of this Constitution,
have appellate jurisdiction in cases involving the constitutionality
of a law under this Constitution or the Constitution of the United
States and in cases involving the life or liberty of any person.
The General Assembly may allow the Commonwealth the right to appeal
in all cases, including those involving the life or liberty of
a person, provided such appeal would not otherwise violate this
Constitution or the Constitution of the United States.
Subject to the foregoing limitations, the General Assembly shall
have the power to determine the original and appellate jurisdiction
of the courts of the Commonwealth.
The amendment ratified November 4, 1986 and effective December
1, 1986—In paragraph two, after "mandamus, and prohibition",
deleted "and" and added to the sentence ", and
to answer questions of state law certified by a court of the United
States . . .".
The amendment ratified November 4, 1986 and effective December
1, 1986—In paragraph three, after "relating to the State
revenue.", added the last sentence "The General Assembly
may also allow the Commonwealth . . .".
The amendment ratified November 5, 1996 and effective January
1, 1997—Deleted the third paragraph: "No appeal shall
be allowed to the Commonwealth . . ." and added a next-to-the-last
paragraph: "The General Assembly may allow the Commonwealth
. . .".
The amendment ratified November 5,
2002 and effective November 15, 2002-In paragraph two, after "mandamus,
and prohibition", deleted the comma and added "; to
consider claims of actual innocence presented by convicted felons
in such cases and in such manner as may be provided by the General
Assembly;" and after "article", deleted the comma
and added a semicolon.
Section 2. Supreme Court.
The Supreme Court shall consist of seven justices. The General
Assembly may, if three-fifths of the elected membership of each
house so vote at two successive regular sessions, increase or
decrease the number of justices of the Court, provided that the
Court shall consist of no fewer than seven and no more than eleven
justices. The Court may sit and render final judgment en banc
or in divisions as may be prescribed by law. No decision shall
become the judgment of the Court, however, except on the concurrence
of at least three justices, and no law shall be declared unconstitutional
under either this Constitution or the Constitution of the United
States except on the concurrence of at least a majority of all
justices of the Supreme Court. Section 3. Selection of Chief Justice.
The Chief Justice shall be selected from among the justices in
a manner provided by law.
Section 4. Administration of the judicial
system.
The Chief Justice of the Supreme Court shall be the administrative
head of the judicial system. He may temporarily assign any judge
of a court of record to any other court of record except the Supreme
Court and may assign a retired judge of a court of record, with
his consent, to any court of record except the Supreme Court.
The General Assembly may adopt such additional measures as it
deems desirable for the improvement of the administration of justice
by the courts and for the expedition of judicial business.
Section 5. Rules of practice and procedure.
The Supreme Court shall have the authority to make rules governing
the course of appeals and the practice and procedures to be used
in the courts of the Commonwealth, but such rules shall not be
in conflict with the general law as the same shall, from time
to time, be established by the General Assembly.
Section 6. Opinions and judgments of the
Supreme Court.
When a judgment or decree is reversed, modified, or affirmed by
the Supreme Court, or when original cases are resolved on their
merits, the reasons for the Court's action shall be stated in
writing and preserved with the record of the case. The Court may,
but need not, remand a case for a new trial. In any civil case,
it may enter final judgment, except that the award in a suit or
action for unliquidated damages shall not be increased or diminished.
Section 7. Selection and qualification of
judges.
The justices of the Supreme Court shall be chosen by the vote
of a majority of the members elected to each house of the General
Assembly for terms of twelve years. The judges of all other courts
of record shall be chosen by the vote of a majority of the members
elected to each house of the General Assembly for terms of eight
years. During any vacancy which may exist while the General Assembly
is not in session, the Governor may appoint a successor to serve
until thirty days after the commencement of the next session of
the General Assembly. Upon election by the General Assembly, a
new justice or judge shall begin service of a full term.
All justices of the Supreme Court and all judges of other courts
of record shall be residents of the Commonwealth and shall, at
least five years prior to their appointment or election, have
been admitted to the bar of the Commonwealth. Each judge of a
trial court of record shall during his term of office reside within
the jurisdiction of one of the courts to which he was appointed
or elected; provided, however, that where the boundary of such
jurisdiction is changed by annexation or otherwise, no judge thereof
shall thereby become disqualified from office or ineligible for
reelection if, except for such annexation or change, he would
otherwise be qualified.
Section 8. Additional judicial personnel.
The General Assembly may provide for additional judicial personnel,
such as judges of courts not of record and magistrates or justices
of the peace, and may prescribe their jurisdiction and provide
the manner in which they shall be selected and the terms for which
they shall serve.
The General Assembly may confer upon the clerks of the several
courts having probate jurisdiction, jurisdiction of the probate
of wills and of the appointment and qualification of guardians,
personal representatives, curators, appraisers, and committees
of persons adjudged insane or convicted of felony, and in the
matter of the substitution of trustees.
Section 9. Commission; compensation; retirement.
All justices of the Supreme Court and all judges of other courts
of record shall be commissioned by the Governor. They shall receive
such salaries and allowances as shall be prescribed by the General
Assembly, which shall be apportioned between the Commonwealth
and its cities and counties in the manner provided by law. Unless
expressly prohibited or limited by the General Assembly, cities
and counties shall be permitted to supplement from local funds
the salaries of any judges serving within their geographical boundaries.
The salary of any justice or judge shall not be diminished during
his term of office.
The General Assembly may enact such laws as it deems necessary
for the retirement of justices and judges, with such conditions,
compensation, and duties as it may prescribe. The General Assembly
may also provide for the mandatory retirement of justices and
judges after they reach a prescribed age, beyond which they shall
not serve, regardless of the term to which elected or appointed.
Section 10. Disabled and unfit judges.
The General Assembly shall create a Judicial Inquiry and Review
Commission consisting of members of the judiciary, the bar, and
the public and vested with the power to investigate charges which
would be the basis for retirement, censure, or removal of a judge.
The Commission shall be authorized to conduct hearings and to
subpoena witnesses and documents. Proceedings and documents before
the Commission may be confidential as provided by the General
Assembly in general law.
If the Commission finds the charges to be well-founded, it may
file a formal complaint before the Supreme Court.
Upon the filing of a complaint, the Supreme Court shall conduct
a hearing in open court and, upon a finding of disability which
is or is likely to be permanent and which seriously interferes
with the performance by the judge of his duties, shall retire
the judge from office. A judge retired under this authority shall
be considered for the purpose of retirement benefits to have retired
voluntarily.
If the Supreme Court after the hearing on the complaint finds
that the judge has engaged in misconduct while in office, or that
he has persistently failed to perform the duties of his office,
or that he has engaged in conduct prejudicial to the proper administration
of justice, it shall censure him or shall remove him from office.
A judge removed under this authority shall not be entitled to
retirement benefits, but only to the return of contributions made
by him, together with any income accrued thereon.
This section shall apply to justices of the Supreme Court, to
judges of other courts of record, and to members of the State
Corporation Commission. The General Assembly also may provide
by general law for the retirement, censure, or removal of judges
of any court not of record, or other personnel exercising judicial
functions.
The amendment ratified November 3, 1998 and effective January
1, 1999—In paragraph one, third sentence, after "Proceedings",
added "and documents" and substituted "Commission
may be confidential as provided by the General Assembly in general
law" for "Commission shall be confidential".
Section 11. Incompatible activities.
No justice or judge of a court of record shall, during his continuance
in office, engage in the practice of law within or without the
Commonwealth, or seek or accept any nonjudicial elective office,
or hold any other office of public trust, or engage in any other
incompatible activity. Section 12. Limitation; judicial appointment.
No judge shall be granted the power to make any appointment of
any local governmental official elected by the voters except to
fill a vacancy in office pending the next ensuing general election
or, if the vacancy occurs within one hundred twenty days prior
to such election, pending the second ensuing general election,
unless such election falls within sixty days of the end of the
term of the office to be filled.
The amendment ratified November 2, 1976 and effective January
1, 1977—At the end of the section, after "election",
added the language ", unless such election falls within sixty
days of the end of the term of the office to be filled".
ARTICLE VII
Local Government
Section 1. Definitions.
As used in this article (1) "county"
means any existing county or any such unit hereafter created,
(2) "city" means an independent incorporated community
which became a city as provided by law before noon on the first
day of July, nineteen hundred seventy-one, or which has within
defined boundaries a population of 5,000 or more and which has
become a city as provided by law, (3) "town" means any
existing town or an incorporated community within one or more
counties which became a town before noon, July one, nineteen hundred
seventy-one, as provided by law or which has within defined boundaries
a population of 1,000 or more and which has become a town as provided
by law, (4) "regional government" means a unit of general
government organized as provided by law within defined boundaries,
as determined by the General Assembly, (5) "general law"
means a law which on its effective date applies alike to all counties,
cities, towns, or regional governments or to a reasonable classification
thereof, and (6) "special act" means a law applicable
to a county, city, town, or regional government and for enactment
shall require an affirmative vote of two-thirds of the members
elected to each house of the General Assembly.
The General Assembly may increase by general law the population
minima provided in this article for cities and towns. Any county
which on the effective date of this Constitution had adopted an
optional form of government pursuant to a valid statute that does
not meet the general law requirements of this article may continue
its form of government without regard to such general law requirements
until it adopts a form of government provided in conformity with
this article. In this article, whenever the General Assembly is
authorized or required to act by general law, no special act for
that purpose shall be valid unless this article so provides.
The amendment ratified November 7, 1972 and effective January
1, 1973—Added language to the definition of "city"
in (2) to include those communities which became cities before
July 1, 1971. Added language to the definition of "town"
in (3) to include those communities which became "towns"
before July 1, 1971.
Section 2. Organization and government.
The General Assembly shall provide by general law for the organization,
government, powers, change of boundaries, consolidation, and dissolution
of counties, cities, towns, and regional governments. The General
Assembly may also provide by general law optional plans of government
for counties, cities, or towns to be effective if approved by
a majority vote of the qualified voters voting on any such plan
in any such county, city, or town.
The General Assembly may also provide by special act for the organization,
government, and powers of any county, city, town, or regional
government, including such powers of legislation, taxation, and
assessment as the General Assembly may determine, but no such
special act shall be adopted which provides for the extension
or contraction of boundaries of any county, city, or town.
Every law providing for the organization of a regional government
shall, in addition to any other requirements imposed by the General
Assembly, require the approval of the organization of the regional
government by a majority vote of the qualified voters voting thereon
in each county and city which is to participate in the regional
government and of the voters voting thereon in a part of a county
or city where only the part is to participate.
Section 3. Powers.
The General Assembly may provide by general law or special act
that any county, city, town, or other unit of government may exercise
any of its powers or perform any of its functions and may participate
in the financing thereof jointly or in cooperation with the Commonwealth
or any other unit of government within or without the Commonwealth.
The General Assembly may provide by general law or special act
for transfer to or sharing with a regional government of any services,
functions, and related facilities of any county, city, town, or
other unit of government within the boundaries of such regional
government.
Section 4. County and city officers.
There shall be elected by the qualified voters of each county
and city a treasurer, a sheriff, an attorney for the Commonwealth,
a clerk, who shall be clerk of the court in the office of which
deeds are recorded, and a commissioner of revenue. The duties
and compensation of such officers shall be prescribed by general
law or special act.
Regular elections for such officers shall be held on Tuesday after
the first Monday in November. Such officers shall take office
on the first day of the following January unless otherwise provided
by law and shall hold their respective offices for the term of
four years, except that the clerk shall hold office for eight
years.
The General Assembly may provide for county or city officers or
methods of their selection, including permission for two or more
units of government to share the officers required by this section,
without regard to the provisions of this section, either (1) by
general law to become effective in any county or city when submitted
to the qualified voters thereof in an election held for such purpose
and approved by a majority of those voting thereon in each such
county or city, or (2) by special act upon the request, made after
such an election, of each county or city affected. No such law
shall reduce the term of any person holding an office at the time
the election is held. A county or city not required to have or
to elect such officers prior to the effective date of this Constitution
shall not be so required by this section.
The General Assembly may provide
by general law or special act for additional officers and for
the terms of their office.
Section 5. County, city, and town governing
bodies.
The governing body of each county, city, or town shall be elected
by the qualified voters of such county, city, or town in the manner
provided by law.
If the members are elected by district, the district shall be
composed of contiguous and compact territory and shall be so constituted
as to give, as nearly as is practicable, representation in proportion
to the population of the district. When members are so elected
by district, the governing body of any county, city, or town may,
in a manner provided by law, increase or diminish the number,
and change the boundaries, of districts, and shall in 1971 and
every ten years thereafter, and also whenever the boundaries of
such districts are changed, reapportion the representation in
the governing body among the districts in a manner provided by
law. Whenever the governing body of any such unit shall fail to
perform the duties so prescribed in the manner herein directed,
a suit shall lie on behalf of any citizen thereof to compel performance
by the governing body.
Unless otherwise provided by law, the governing body of each city
or town shall be elected on the second Tuesday in June and take
office on the first day of the following September. Unless otherwise
provided by law, the governing body of each county shall be elected
on the Tuesday after the first Monday in November and take office
on the first day of the following January.
Section 6. Multiple offices.
Unless two or more units exercise functions jointly as authorized
in Sections 3 and 4, no person shall at the same time hold more
than one office mentioned in this article. No member of a governing
body shall be eligible, during the term of office for which he
was elected or appointed, to hold any office filled by the governing
body by election or appointment, except that a member of a governing
body may be named a member of such other boards, commissions,
and bodies as may be permitted by general law and except that
a member of a governing body may be elected or appointed to fill
a vacancy in the office of mayor or board chairman if permitted
by general law or special act.
The amendment ratified November 6, 1984 and effective January
1, 1985—After "as may be permitted by general law",
added "and except that a member of a governing body may be
elected or appointed to fill a vacancy in the office of mayor
or board chairman if permitted by general law or special act".
Section 7. Procedures.
No ordinance or resolution appropriating money exceeding the sum
of five hundred dollars, imposing taxes, or authorizing the borrowing
of money shall be passed except by a recorded affirmative vote
of a majority of all members elected to the governing body. In
case of the veto of such an ordinance or resolution, where the
power of veto exists, it shall require for passage thereafter
a recorded affirmative vote of two-thirds of all members elected
to the governing body.
On final vote on any ordinance or resolution, the name of each
member voting and how he voted shall be recorded.
Section 8. Consent to use public property.
No street railway, gas, water, steam or electric heating, electric
light or power, cold storage, compressed air, viaduct, conduit,
telephone, or bridge company, nor any corporation, association,
person, or partnership engaged in these or like enterprises shall
be permitted to use the streets, alleys, or public grounds of
a city or town without the previous consent of the corporate authoriti
