The powers of the government of this state are divided into three distinct departments,--the legislative, executive and judicial; and no person or collection of persons charged with the exercise of powers properly belonging to one of these departments shall exercise any power properly belonging to either of the others, except as in this constitution expressly directed or permitted.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 32.
Cross references: For power of general assembly to enact measures, and power of people to institute initiative and referendum, see § 1 of article V of this constitution; for prohibition against delegating legislative power to special commissions or private corporations, see § 35 of article V of this constitution; for exercise of legislative powers by home rule cities, see § 6 of art. XX of this constitution.
ARTICLE IV
Executive Department
Section 1.Officers - terms of office. (1) The executive department shall include the governor, lieutenant governor, secretary of state, state treasurer, and attorney general, each of whom shall hold his office for the term of four years, commencing on the second Tuesday of January in the year 1967, and each fourth year thereafter. They shall perform such duties as are prescribed by this constitution or by law.
(2) In order to broaden the opportunities for public service and to guard against excessive concentrations of power, no governor, lieutenant governor, secretary of state, state treasurer, or attorney general shall serve more than two consecutive terms in such office. This limitation on the number of terms shall apply to terms of office beginning on or after January 1, 1991. Any person who succeeds to the office of governor or is appointed or elected to fill a vacancy in one of the other offices named in this section, and who serves at least one-half of a term of office, shall be considered to have served a term in that office for purposes of this subsection (2). Terms are considered consecutive unless they are at least four years apart.
Source: Entire article added, effective August 1, 1876, see L. 1877, p. 33. L. 56: Entire section amended, see L. 57, p. 792. L. 64: Entire section amended, p. 837. Initiated 90: Entire section amended, effective upon proclamation of the Governor, L. 91, p. 2035, January 3, 1991.
Cross references: For provisions concerning the office of the governor, see part 1 of article 20 of title 24; for provisions concerning the office of the secretary of state, see article 21 of title 24; for provisions concerning the office of the state treasurer, see article 22 of title 24; for the powers and duties of the attorney general, see § 24-31-101.
Section 2.Governor supreme executive. The supreme executive power of the state shall be vested in the governor, who shall take care that the laws be faithfully executed.
