Page:Arkansas Constitution 1874 (published 1913).pdf/12

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22
Biennial Report of Secretary of State.

Sec. 7. No soldier, sailor or marine in the military or naval service of the United States shall acquire a residence by reason of being stationed on duty in this State.

Sec. 8. The general elections shall be held biennially, on the first Monday of September; but the General Assembly may by law fix a different time.

See. 9. In trials of contested elections and in proceedings for the investigation of elections no person shall be permitted to withhold his testimony on the ground that it may criminate himself or subject him to public infamy; but such testimony shall not be used against him in any judicial proceeding, except for perjury in giving such testimony.

Sec. 10. No person shall be qualified to serve as an election officer who shall hold at the time of the election any office, appointment or employment in or under the government of the United States or of this State, or in any city or county, or any municipal board, commission or trust in any city, save only the justices of the peace and aldermen, notaries public and persons in the militia service of the State. Nor shall any election officer be eligable to any civil office to be filled at an election at which he shall serve-save only to such subordinate municipal or local offices, below the grade of city or county officers, as shall be designated by general law.

Sec. 11. If the officers of any election shall unlawfully refuse or fail to receive, count or return the vote or ballot of any qualified elector, such vote or ballot shall nevertheless be counted upon the trial of any contest arising out of said election.

Sec. 12. All elections by persons acting in a representative capacity shall be viva voce.

ARTICLE IV.

departments.

Section 1. The powers of the government of the State of Arkansas shall be divided into three distinct departments, each of them to be confided to a separate body of magistracy, to-wit: Those which are legislative to one, those which are executive to another, and those which are judicial to another.

Sec. 2. No person or collection of persons, being of one of these departments, shall exercise any power belonging to either of the others, except in the instances hereinafter expressly directed or permitted.

ARTICLE V.

legislative.

Section 1. The legislative power of this State shall be vested in a General Assembly, which shall consist of the Senate and House of Representatives.