1 | 1 | | 1.1 A bill for an act |
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2 | 2 | | 1.2 relating to state government; proposing an amendment to the Minnesota |
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3 | 3 | | 1.3 Constitution by making technical changes to certain terms in Article I to be |
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4 | 4 | | 1.4 consistent with language in Minnesota Statutes. |
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5 | 5 | | 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: |
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6 | 6 | | 1.6 Section 1. CONSTITUTIONAL AMENDMENT PROPOSED. |
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7 | 7 | | 1.7 An amendment to the Minnesota Constitution is proposed to the people. If the amendment |
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8 | 8 | | 1.8is adopted, article I, section 2, will read: |
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9 | 9 | | 1.9 Sec. 2. No member of this state shall be disfranchised or deprived of any of the rights |
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10 | 10 | | 1.10or privileges secured to any citizen thereof, unless by the law of the land or the judgment |
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11 | 11 | | 1.11of his the member's peers. There shall be neither slavery nor involuntary servitude in the |
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12 | 12 | | 1.12state otherwise than as punishment for a crime of which the party has been convicted. |
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13 | 13 | | 1.13 article I, section 6, will read: |
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14 | 14 | | 1.14 Sec. 6. In all criminal prosecutions the accused shall enjoy the right to a speedy and |
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15 | 15 | | 1.15public trial by an impartial jury of the county or district wherein the crime shall have been |
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16 | 16 | | 1.16committed, which county or district shall have been previously ascertained by law. In all |
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17 | 17 | | 1.17prosecutions of crimes defined by law as felonies, the accused has the right to a jury of 12 |
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18 | 18 | | 1.18members. In all other criminal prosecutions, the legislature may provide for the number of |
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19 | 19 | | 1.19jurors, provided that a jury have at least six members. The accused shall enjoy the right to |
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20 | 20 | | 1.20be informed of the nature and cause of the accusation, to be confronted with the witnesses |
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21 | 21 | | 1.21against him the accused, to have compulsory process for obtaining witnesses in his favor |
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22 | 22 | | 1.22of the accused and to have the assistance of counsel in his the accused's defense. |
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23 | 23 | | 1Section 1. |
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24 | 24 | | REVISOR SGS/BM 25-0145312/16/24 |
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25 | 25 | | State of Minnesota |
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26 | 26 | | This Document can be made available |
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27 | 27 | | in alternative formats upon request |
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28 | 28 | | HOUSE OF REPRESENTATIVES |
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29 | 29 | | H. F. No. 2694 |
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30 | 30 | | NINETY-FOURTH SESSION |
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31 | 31 | | Authored by Bahner03/24/2025 |
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32 | 32 | | The bill was read for the first time and referred to the Committee on State Government Finance and Policy 2.1 article I, section 7, will read: |
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33 | 33 | | 2.2 Sec. 7. No person shall be held to answer for a criminal offense without due process of |
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34 | 34 | | 2.3law, and no person shall be put twice in jeopardy of punishment for the same offense, nor |
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35 | 35 | | 2.4be compelled in any criminal case to be a witness against himself oneself, nor be deprived |
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36 | 36 | | 2.5of life, liberty or property without due process of law. All persons before conviction shall |
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37 | 37 | | 2.6be bailable by sufficient sureties, except for capital offenses when the proof is evident or |
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38 | 38 | | 2.7the presumption great. The privilege of the writ of habeas corpus shall not be suspended |
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39 | 39 | | 2.8unless the public safety requires it in case of rebellion or invasion. |
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40 | 40 | | 2.9 article I, section 8, will read: |
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41 | 41 | | 2.10 Sec. 8. Every person is entitled to a certain remedy in the laws for all injuries or wrongs |
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42 | 42 | | 2.11which he the person may receive to his their person, property or character, and to obtain |
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43 | 43 | | 2.12justice freely and without purchase, completely and without denial, promptly and without |
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44 | 44 | | 2.13delay, conformable to the laws. |
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45 | 45 | | 2.14 article I, section 16, will read: |
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46 | 46 | | 2.15 Sec. 16. The enumeration of rights in this constitution shall not deny or impair others |
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47 | 47 | | 2.16retained by and inherent in the people. The right of every man person to worship God |
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48 | 48 | | 2.17according to the dictates of his the person's own conscience shall never be infringed; nor |
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49 | 49 | | 2.18shall any man person be compelled to attend, erect or support any place of worship, or to |
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50 | 50 | | 2.19maintain any religious or ecclesiastical ministry, against his the person's consent; nor shall |
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51 | 51 | | 2.20any control of or interference with the rights of conscience be permitted, or any preference |
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52 | 52 | | 2.21be given by law to any religious establishment or mode of worship; but the liberty of |
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53 | 53 | | 2.22conscience hereby secured shall not be so construed as to excuse acts of licentiousness or |
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54 | 54 | | 2.23justify practices inconsistent with the peace or safety of the state, nor shall any money be |
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55 | 55 | | 2.24drawn from the treasury for the benefit of any religious societies or religious or theological |
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56 | 56 | | 2.25seminaries. |
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57 | 57 | | 2.26 article I, section 17, will read: |
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58 | 58 | | 2.27 Sec. 17. No religious test or amount of property shall be required as a qualification for |
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59 | 59 | | 2.28any office of public trust in the state. No religious test or amount of property shall be required |
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60 | 60 | | 2.29as a qualification of any voter at any election in this state; nor shall any person be rendered |
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61 | 61 | | 2.30incompetent to give evidence in any court of law or equity in consequence of his the person's |
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62 | 62 | | 2.31opinion upon the subject of religion. |
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63 | 63 | | 2.32 article IV, section 5, will read: |
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64 | 64 | | 2Section 1. |
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65 | 65 | | REVISOR SGS/BM 25-0145312/16/24 3.1 Sec. 5. No senator or representative shall hold any other office under the authority of |
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66 | 66 | | 3.2the United States or the state of Minnesota, except that of postmaster or of notary public. |
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67 | 67 | | 3.3If elected or appointed to another office, a legislator may resign from the legislature by |
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68 | 68 | | 3.4tendering his a resignation to the governor. |
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69 | 69 | | 3.5 article IV, section 8, will read: |
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70 | 70 | | 3.6 Sec. 8. Each member and officer of the legislature before entering upon his the person's |
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71 | 71 | | 3.7duties shall take an oath or affirmation to support the Constitution of the United States, the |
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72 | 72 | | 3.8constitution of this state, and to discharge faithfully the duties of his the office to the best |
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73 | 73 | | 3.9of his the person's judgment and ability. |
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74 | 74 | | 3.10 article IV, section 21, will read: |
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75 | 75 | | 3.11 Sec. 21. No bill shall be passed by either house upon the day prescribed for adjournment. |
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76 | 76 | | 3.12This section shall not preclude the enrollment of a bill or its transmittal from one house to |
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77 | 77 | | 3.13the other or to the executive for his signature. |
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78 | 78 | | 3.14 article IV, section 23, will read: |
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79 | 79 | | 3.15 Sec. 23. Every bill passed in conformity to the rules of each house and the joint rules |
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80 | 80 | | 3.16of the two houses shall be presented to the governor. If he the governor approves a bill, he |
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81 | 81 | | 3.17the governor shall sign it, deposit it in the office of the secretary of state and notify the house |
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82 | 82 | | 3.18in which it originated of that fact. If he the governor vetoes a bill, he the governor shall |
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83 | 83 | | 3.19return it with his the governor's objections to the house in which it originated. His The |
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84 | 84 | | 3.20objections shall be entered in the journal. If, after reconsideration, two-thirds of that house |
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85 | 85 | | 3.21agree to pass the bill, it shall be sent, together with the governor's objections, to the other |
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86 | 86 | | 3.22house, which shall likewise reconsider it. If approved by two-thirds of that house it becomes |
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87 | 87 | | 3.23a law and shall be deposited in the office of the secretary of state. In such cases the votes |
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88 | 88 | | 3.24of both houses shall be determined by yeas and nays, and the names of the persons voting |
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89 | 89 | | 3.25for or against the bill shall be entered in the journal of each house. Any bill not returned by |
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90 | 90 | | 3.26the governor within three days (Sundays excepted) after it is presented to him the governor |
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91 | 91 | | 3.27becomes a law as if he the governor had signed it, unless the legislature by adjournment |
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92 | 92 | | 3.28within that time prevents its return. Any bill passed during the last three days of a session |
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93 | 93 | | 3.29may be presented to the governor during the three days following the day of final adjournment |
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94 | 94 | | 3.30and becomes law if the governor signs and deposits it in the office of the secretary of state |
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95 | 95 | | 3.31within 14 days after the adjournment of the legislature. Any bill passed during the last three |
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96 | 96 | | 3.32days of the session which is not signed and deposited within 14 days after adjournment does |
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97 | 97 | | 3.33not become a law. |
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98 | 98 | | 3Section 1. |
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99 | 99 | | REVISOR SGS/BM 25-0145312/16/24 4.1 If a bill presented to the governor contains several items of appropriation of money, he |
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100 | 100 | | 4.2the governor may veto one or more of the items while approving the bill. At the time he the |
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101 | 101 | | 4.3governor signs the bill the governor shall append to it a statement of the items he vetoes |
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102 | 102 | | 4.4vetoed and the vetoed items shall not take effect. If the legislature is in session, he the |
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103 | 103 | | 4.5governor shall transmit to the house in which the bill originated a copy of the statement, |
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104 | 104 | | 4.6and the items vetoed shall be separately reconsidered. If on reconsideration any item is |
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105 | 105 | | 4.7approved by two-thirds of the members elected to each house, it is a part of the law |
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106 | 106 | | 4.8notwithstanding the objections of the governor. |
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107 | 107 | | 4.9 article IV, section 24, will read: |
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108 | 108 | | 4.10 Sec. 24. Each order, resolution or vote requiring the concurrence of the two houses |
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109 | 109 | | 4.11except such as relate to the business or adjournment of the legislature shall be presented to |
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110 | 110 | | 4.12the governor and is subject to his the governor's veto as prescribed in case of a bill. |
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111 | 111 | | 4.13 article V, section 2, will read: |
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112 | 112 | | 4.14 Sec. 2. The term of office for the governor and lieutenant governor is four years and |
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113 | 113 | | 4.15until a successor is chosen and qualified. Each shall have attained the age of 25 years and, |
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114 | 114 | | 4.16shall have been a bona fide resident of the state for one year next preceding his their election, |
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115 | 115 | | 4.17and shall be a citizen of the United States. |
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116 | 116 | | 4.18 article V, section 3, will read: |
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117 | 117 | | 4.19 Sec. 3. The governor shall communicate by message to each session of the legislature |
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118 | 118 | | 4.20information touching the state and country. He The governor is commander-in-chief of the |
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119 | 119 | | 4.21military and naval forces and may call them out to execute the laws, suppress insurrection |
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120 | 120 | | 4.22and repel invasion. He The governor may require the opinion in writing of the principal |
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121 | 121 | | 4.23officer in each of the executive departments upon any subject relating to his the governor's |
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122 | 122 | | 4.24duties. With the advice and consent of the senate he the governor may appoint notaries |
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123 | 123 | | 4.25public and other officers provided by law. He The governor may appoint commissioners to |
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124 | 124 | | 4.26take the acknowledgment of deeds or other instruments in writing to be used in the state. |
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125 | 125 | | 4.27He The governor shall take care that the laws be faithfully executed. He The governor shall |
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126 | 126 | | 4.28fill any vacancy that may occur in the offices of secretary of state, auditor, attorney general |
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127 | 127 | | 4.29and the other state and district offices hereafter created by law until the end of the term for |
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128 | 128 | | 4.30which the person who had vacated the office was elected or the first Monday in January |
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129 | 129 | | 4.31following the next general election, whichever is sooner, and until a successor is chosen |
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130 | 130 | | 4.32and qualified. |
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131 | 131 | | 4.33 article V, section 5, will read: |
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132 | 132 | | 4Section 1. |
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133 | 133 | | REVISOR SGS/BM 25-0145312/16/24 5.1 Sec. 5. In case a vacancy occurs from any cause whatever in the office of governor, the |
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134 | 134 | | 5.2lieutenant governor shall be governor during such vacancy. The compensation of the |
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135 | 135 | | 5.3lieutenant governor shall be prescribed by law. The last elected presiding officer of the |
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136 | 136 | | 5.4senate shall become lieutenant governor in case a vacancy occurs in that office. In case the |
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137 | 137 | | 5.5governor is unable to discharge the powers and duties of his the governor's office, the same |
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138 | 138 | | 5.6devolves on the lieutenant governor. The legislature may provide by law for the case of the |
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139 | 139 | | 5.7removal, death, resignation, or inability both of the governor and lieutenant governor to |
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140 | 140 | | 5.8discharge the duties of governor and may provide by law for continuity of government in |
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141 | 141 | | 5.9periods of emergency resulting from disasters caused by enemy attack in this state, including |
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142 | 142 | | 5.10but not limited to, succession to the powers and duties of public office and change of the |
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143 | 143 | | 5.11seat of government. |
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144 | 144 | | 5.12 article V, section 6, will read: |
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145 | 145 | | 5.13 Sec. 6. Each officer created by this article before entering upon his the officer's duties |
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146 | 146 | | 5.14shall take an oath or affirmation to support the constitution of the United States and of this |
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147 | 147 | | 5.15state and to discharge faithfully the duties of his the office to the best of his the officer's |
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148 | 148 | | 5.16judgment and ability. |
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149 | 149 | | 5.17 article VI, section 4, will read: |
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150 | 150 | | 5.18 Sec. 4. The number and boundaries of judicial districts shall be established in the manner |
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151 | 151 | | 5.19provided by law but the office of a district judge shall not be abolished during his the judge's |
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152 | 152 | | 5.20term. There shall be two or more district judges in each district. Each judge of the district |
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153 | 153 | | 5.21court in any district shall be a resident of that district at the time of his the judge's selection |
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154 | 154 | | 5.22and during his the judge's continuance in office. |
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155 | 155 | | 5.23 article VI, section 6, will read: |
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156 | 156 | | 5.24 Sec. 6. A judge of the supreme court, the court of appeals or the district court shall not |
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157 | 157 | | 5.25hold any office under the United States except a commission in a reserve component of the |
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158 | 158 | | 5.26military forces of the United States and shall not hold any other office under this state. His |
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159 | 159 | | 5.27The term of office of the judge shall terminate at the time he the judge files as a candidate |
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160 | 160 | | 5.28for an elective office of the United States or for a nonjudicial office of this state. |
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161 | 161 | | 5.29 article VI, section 9, will read: |
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162 | 162 | | 5.30 Sec. 9. The legislature may provide by law for retirement of all judges and for the |
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163 | 163 | | 5.31extension of the term of any judge who becomes eligible for retirement within three years |
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164 | 164 | | 5.32after expiration of the term for which he the judge is selected. The legislature may also |
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165 | 165 | | 5Section 1. |
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166 | 166 | | REVISOR SGS/BM 25-0145312/16/24 6.1provide for the retirement, removal or other discipline of any judge who is disabled, |
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167 | 167 | | 6.2incompetent or guilty of conduct prejudicial to the administration of justice. |
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168 | 168 | | 6.3 article VI, section 10, will read: |
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169 | 169 | | 6.4 Sec. 10. As provided by law a retired judge may be assigned to hear and decide any |
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170 | 170 | | 6.5cause over which the court to which he the retired judge is assigned has jurisdiction. |
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171 | 171 | | 6.6 article VI, section 13, will read: |
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172 | 172 | | 6.7 Sec. 13. There shall be in each county one clerk of the district court whose qualifications, |
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173 | 173 | | 6.8duties and compensation shall be prescribed by law. He The clerk shall serve at the pleasure |
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174 | 174 | | 6.9of a majority of the judges of the district court in each district. |
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175 | 175 | | 6.10 article VII, section 1, will read: |
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176 | 176 | | 6.11 Section 1. Every person 18 years of age or more who has been a citizen of the United |
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177 | 177 | | 6.12States for three months and who has resided in the precinct for 30 days next preceding an |
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178 | 178 | | 6.13election shall be entitled to vote in that precinct. The place of voting by one otherwise |
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179 | 179 | | 6.14qualified who has changed his the person's residence within 30 days preceding the election |
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180 | 180 | | 6.15shall be prescribed by law. The following persons shall not be entitled or permitted to vote |
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181 | 181 | | 6.16at any election in this state: A person not meeting the above requirements; a person who |
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182 | 182 | | 6.17has been convicted of treason or felony, unless restored to civil rights; a person under |
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183 | 183 | | 6.18guardianship, or a person who is insane or not mentally competent. |
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184 | 184 | | 6.19 article VII, section 2, will read: |
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185 | 185 | | 6.20 Sec. 2. For the purpose of voting no person loses residence solely by reason of his the |
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186 | 186 | | 6.21person's absence while employed in the service of the United States; nor while engaged |
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187 | 187 | | 6.22upon the waters of this state or of the United States; nor while a student in any institution |
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188 | 188 | | 6.23of learning; nor while kept at any almshouse or asylum; nor while confined in any public |
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189 | 189 | | 6.24prison. No soldier, seaman sailor or marine in the army or navy of the United States is a |
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190 | 190 | | 6.25resident of this state solely in consequence of being stationed within the state. |
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191 | 191 | | 6.26 article VII, section 3, will read: |
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192 | 192 | | 6.27 Sec. 3. The legislature shall provide for a uniform oath or affirmation to be administered |
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193 | 193 | | 6.28at elections and no person shall be compelled to take any other or different form of oath to |
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194 | 194 | | 6.29entitle him the person to vote. |
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195 | 195 | | 6.30 article VII, section 6, will read: |
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196 | 196 | | 6.31 Sec. 6. Every person who by the provisions of this article is entitled to vote at any |
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197 | 197 | | 6.32election and is 21 years of age is eligible for any office elective by the people in the district |
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198 | 198 | | 6Section 1. |
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199 | 199 | | REVISOR SGS/BM 25-0145312/16/24 7.1wherein he the person has resided 30 days previous to the election, except as otherwise |
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200 | 200 | | 7.2provided in this constitution, or the constitution and law of the United States. |
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201 | 201 | | 7.3 article VII, section 8, will read: |
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202 | 202 | | 7.4 Sec. 8. The returns of every election for officeholders elected statewide shall be made |
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203 | 203 | | 7.5to the secretary of state who shall call to his the secretary's assistance two or more of the |
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204 | 204 | | 7.6judges of the supreme court and two disinterested judges of the district courts. They shall |
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205 | 205 | | 7.7constitute a board of canvassers to canvass the returns and declare the result within three |
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206 | 206 | | 7.8days after the canvass. |
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207 | 207 | | 7.9 article VIII, section 3, will read: |
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208 | 208 | | 7.10 Sec. 3. No officer shall exercise the duties of his the office after he the officer has been |
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209 | 209 | | 7.11impeached and before his the officer's acquittal. |
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210 | 210 | | 7.12 article VIII, section 4, will read: |
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211 | 211 | | 7.13 Sec. 4. No person shall be tried on impeachment before he the person has been served |
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212 | 212 | | 7.14with a copy thereof at least 20 days previous to the day set for trial. |
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213 | 213 | | 7.15 article XI, section 13, will read: |
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214 | 214 | | 7.16 Sec. 13. All officers and other persons charged with the safekeeping of state funds shall |
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215 | 215 | | 7.17be required to give ample security for funds received by them and to keep an accurate entry |
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216 | 216 | | 7.18of each sum received and of each payment and transfer. If any person converts to his the |
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217 | 217 | | 7.19person's own use in any manner or form, or shall loan, with or without interest, or shall |
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218 | 218 | | 7.20deposit in his the person's own name, or otherwise than in the name of the state of Minnesota; |
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219 | 219 | | 7.21or shall deposit in banks or with any person or persons or exchange for other funds or |
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220 | 220 | | 7.22property, any portion of the funds of the state or the school funds aforesaid, except in the |
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221 | 221 | | 7.23manner prescribed by law, every such act shall be and constitute an embezzlement of so |
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222 | 222 | | 7.24much of the aforesaid state and school funds, or either of the same, as shall thus be taken, |
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223 | 223 | | 7.25or loaned, or deposited or exchanged, and shall be a felony. Any failure to pay over, produce |
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224 | 224 | | 7.26or account for the state school funds, or any part of the same entrusted to such officer or |
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225 | 225 | | 7.27persons as by law required on demand, shall be held and be taken to be prima facie evidence |
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226 | 226 | | 7.28of such embezzlement. |
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227 | 227 | | 7.29 article XIII, section 7, will read: |
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228 | 228 | | 7.30 Sec. 7. Any person may sell or peddle the products of the farm or garden occupied and |
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229 | 229 | | 7.31cultivated by him the person without obtaining a license therefor. |
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230 | 230 | | 7.32 article XIII, section 11, will read: |
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231 | 231 | | 7Section 1. |
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232 | 232 | | REVISOR SGS/BM 25-0145312/16/24 8.1 Sec. 11. A seal of the state shall be kept by the secretary of state and be used by him |
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233 | 233 | | 8.2the secretary of state officially. It shall be called the great seal of the state of Minnesota. |
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234 | 234 | | 8.3 Sec. 2. SEVERABILITY. |
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235 | 235 | | 8.4 If a change included in the proposed amendment is found to be in violation of the |
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236 | 236 | | 8.5Constitution or other than inconsequential by litigation before or after the submission of |
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237 | 237 | | 8.6the amendment to the people, the change is without effect and severed from the other |
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238 | 238 | | 8.7changes. The other changes must be submitted or remain in effect as though the improper |
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239 | 239 | | 8.8change were not included. |
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240 | 240 | | 8.9 Sec. 3. SUBMISSION TO VOTERS. |
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241 | 241 | | 8.10 The proposed amendment must be submitted to the people at the 2026 general election. |
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242 | 242 | | 8.11The question submitted must be: |
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243 | 243 | | 8.12 "Shall the Minnesota Constitution be amended to replace certain terms without any |
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244 | 244 | | 8.13consequential changes in its legal effect? |
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245 | 245 | | 8.14 Yes ................... |
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246 | 246 | | "8.15 No .................... |
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247 | 247 | | 8Sec. 3. |
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248 | 248 | | REVISOR SGS/BM 25-0145312/16/24 |
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