Page:Idaho State Constitution 2017.pdf/38

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CONSTITUTION OF THE

for such election, which shall not be less than forty (40) days after the date of such proclamation, nor more than ninety (90) days after the admission of the territory as a state.


SECTION 9.  ELECTION TO BE ORDERED — CONDUCT OF ELECTION. The board of commissioners of the several counties shall thereupon order such election for said day, and shall cause notice thereof to be given, in the manner and for the length of time provided by the laws of the territory in cases of general elections for delegate to congress, and county and other officers. Every qualified elector of the territory, at the date of said election, shall be entitled to vote thereat. Said election shall be conducted in all respects in the same manner as provided by the laws of the territory for general elections, and the returns thereof shall be made and canvassed in the same manner and by the same authority as provided in cases of such general election; but returns for all state and district officers and members of the legislature, shall be made to the canvassing board hereinafter provided for.


SECTION 10.  CANVASS OF ELECTION RETURNS. The governor, secretary, controller and attorney general of the territory, and the president of this convention, or a majority of them, shall constitute a board of canvassers to canvass the vote at such elections for all state and district officers and members of the legislature. The said board shall assemble at the seat of government of the territory on the thirtieth day after the date of such election (or on the following day if such day fall on Sunday) and proceed to canvass the votes for all state and district officers and members of the legislature, in the manner provided by the laws of the territory for canvassing the vote for delegates to congress, and they shall issue certificates of election to the persons found to be elected to said offices severally, and shall make and file with the secretary of the territory an abstract certified by them, of the number of votes cast for each person for each of said offices and the total number of votes cast in each county.


SECTION 11.  CERTIFICATES OF ELECTION. The canvassing boards of the several counties shall issue certificates of election to the several persons found by them to have been elected to the several county and precinct offices.


SECTION 12.  QUALIFICATIONS OF OFFICERS. All officers elected at such election shall, within thirty days after they have been declared elected, take the oath required by this Constitution and give the same bond required by the law of the territory to be given in case of like officers of the territory, district or county, and shall thereupon enter upon the duties of their respective offices; but the legislature may require by law all such officers to give other or further bonds as a condition of their continuance in office.


SECTION 13.  TENURE OF OFFICE. All officers elected at said election, shall hold their offices until the legislature shall provide by law, in accordance with this Constitution, for the election of their successors, and until such successors shall be elected and qualified.


SECTION 14.  CONVENTION OF FIRST LEGISLATURE. The governor-elect of the state, immediately upon his qualifying and entering upon the duties of his office, shall issue his proclamation convening the legislature of the state at the seat of government on a day to be named in said proclamation and which shall not be less than thirty (30) nor more than sixty (60) days after the date of such proclamation. Within ten (10) days after the organization of the legislature, both houses of the legislature shall then and there proceed to elect, as provided by law, two (2) senators of the United States for the state of Idaho. At said election, the two (2) persons who shall receive the majority of all votes cast by said senators and representives [representatives], shall be elected as such United States senators, shall be so declared by the presiding officers of said joint session. The presiding officers of the senate and house, shall issue a certificate to each of said senators, certifying his election, which certificates shall also be signed by the governor and attested by the secretary of state.


SECTION 15.  LEGISLATURE TO PASS NECESSARY LAWS. The legislature shall pass all necessary laws to carry into effect the provisions of this Constitution.


SECTION 16.  TRANSFER OF CASES TO STATE COURTS. Whenever any two (2) of the judges of the Supreme Court of the state, elected under the provisions of this Constitution, shall have qualified in their offices, the causes then pending in the Supreme Court of the territory, and the papers, records, and proceedings of said court, and the seal and other property pertaining thereto, shall pass into the jurisdiction and possession of the Supreme Court of the state; and until so superceded the Supreme Court of the territory and the judges thereof shall continue, with like powers and jurisdiction, as if this Constitution had not been adopted. Whenever the judge of the district court of any district elected under the provisions of this Constitution shall have qualified in office, the several causes then pending in the district court of the territory, within any county in such district, and the records, papers, and proceedings of said district court, and the seal and other property pertaining thereto, shall pass into the jurisdiction and possession of the district court of the state for such county; and until