SOUTH DAKOTA CONSTITUTION
ARTICLE XXVI
SCHEDULE AND ORDINANCE
Art. XXVI §1 | CONTINUATION OF PRIOR WRITS, ACTIONS, CLAIMS, AND BODIES CORPORATE--VALIDATION OF PREVIOUSLY ISSUED PROCESS
Art. XXVI §2 | FINES, FORFEITURES, AND ESCHEATS OF TERRITORY TO ACCRUE TO STATE
Art. XXVI §3 | RECOGNIZANCES, BONDS, OBLIGATIONS, AND UNDERTAKINGS--CRIMINAL PROSECUTIONS AND PENAL ACTIONS
Art. XXVI §4 | CIVIL AND MILITARY OFFICERS
Art. XXVI §5 | ELECTION OF CONSTITUTION AND STATE OFFICERS--BALLOTS
At the said election the ballots shall be in the following form:
For prohibition: Yes. No.
For minority representation: Yes. No.
All persons who desire to vote against the Constitution, or against any article submitted separately, must erase the word "Yes."
In addition to the foregoing election for the Constitution and for the articles submitted by this convention for a separate vote thereon, an election shall be held at the same time and places, by the said qualified electors, for the following state officers, to be voted for on the same ballot as above provided for votes on the Constitution and separate articles, to wit:
The judges of election in counting the ballots voted at such election shall count all the affirmative ballots upon the Constitution as votes for the Constitution; and they shall count all the negative ballots voted at said election upon the Constitution as votes against the Constitution; and ballots voted at said election upon which neither of said words "yes" or "no" following the words "for the Constitution" are erased, shall not be counted upon such proposition. And they shall count all affirmative ballots so voted upon the article on prohibition separately submitted, as votes for such article, and they shall count all negative ballots so voted upon such article as votes against such article; and ballots upon which neither the words "yes" or "no" following the words "for prohibition" are erased, shall not be counted upon such proposition; and they shall count all the affirmative ballots so voted upon the article on minority representation, separately submitted, as votes for such article. And they shall count all negative ballots so voted upon such article as votes against such article; and ballots upon which neither of said words "yes" or "no" following the words "for minority representation" are erased, shall not be counted upon such proposition.
If it shall appear in accordance with the returns hereinafter provided for, that a majority of the votes polled at such election, for and against the Constitution, are for the Constitution, then this Constitution shall be the Constitution of the state of South Dakota. If it shall appear, according to the returns hereinafter provided for, that a majority of all votes cast at said election for and against "prohibition" are for prohibition then said article XXIV shall be and form a part of this Constitution, and be in full force and effect as such from date of said election, but if a majority of said votes shall appear, according to said returns to be against prohibition, then article XXIV shall be null and void and shall not be a part of this Constitution. And if it appear, according to the returns hereinafter provided for, that a majority of all votes cast at said election for and against "minority representation" are for minority representation, then article XXV shall be and form a part of said Constitution, and be in full force and effect as such from the date of said election; but if a majority of said votes shall appear, according to said returns, to be against minority representation, then said article XXV shall be null and void and shall not be a part of this Constitution.
At such election the person voted for, for any one of the offices to be filled at such election, who shall receive the highest number of votes cast at said election, shall be declared elected to said office.
Art. XXVI §6 | ELECTION FOR TEMPORARY SEAT OF GOVERNMENT
On each ballot, and on the same ballot on which are the matters voted for or against, as hereinbefore provided, shall be written or printed the words "for temporary seat of government," (Here insert the name of the city, town or place, to be voted for.)
And upon the canvass and return of the vote, made as hereinafter provided for, the name of the city, town or place which shall have received the largest number of votes for said temporary seat of government, shall be declared by the Governor, chief justice and secretary of the territory of Dakota, or by any two of them, at the same time that they shall canvass the vote for or against the Constitution, together with the whole number of votes cast for each city, town or place, and the officers above named, shall immediately after the result of said election shall have been ascertained, issue a proclamation directing the Legislature elected at said election to assemble at said city, town or place so selected, on the day fixed by this schedule and ordinance.
Art. XXVI §7 | CONDUCT OF ELECTION
Art. XXVI §8 | ELECTION RETURNS
Art. XXVI §9 | CANVASS OF VOTE--FILING WITH COUNTY CLERKS OR AUDITORS
Art. XXVI §10 | CERTIFICATION OF SENATOR OR REPRESENTATIVE FROM MULTI-COUNTY DISTRICT
Art. XXVI §11 | DELIVERY OF RETURNS TO PROPER STATE OFFICER--CERTIFICATION TO PRESIDENT--PROCLAMATION OF ELECTION RESULT--LISTS OF ELECTED OFFICERS--CERTIFICATES OF ELECTION
Within fifteen days after said election the secretary of the territory, with the Governor and chief justice thereof, or any two of them, shall canvass such returns and certify the same to the president of the United States, as provided in the Enabling Act.
They shall also ascertain the total number of votes cast at such election for the Constitution and against the Constitution; the total number of votes cast for and against prohibition; and the total number of votes cast for and against minority representation; and the total number of votes cast for each city, town or place as the "temporary seat of government"; and the total number of votes cast for each person voted for, for any office at said election, excepting county judges and members of the Legislature, and shall declare the result of said election in conformity with such vote, and the Governor of the territory shall thereupon issue a proclamation at once thereof.
They shall also make and transmit to the state Legislature, immediately upon its organization, a list of all the state and judicial officers who shall thus be ascertained to be duly elected.
The various county and district canvassing boards shall make and transmit to the secretary of the territory the names of all persons declared by them to be elected members of the senate and house of representatives of the state of South Dakota; he shall make separate lists of the senators and representatives so elected, which list shall constitute the rolls under which the senate and house of representatives shall be organized.
The Governor of the territory shall make and issue certificates of election to the persons who are shown by the canvass to have received the highest number of votes for Governor, lieutenant governor, secretary of state, auditor, treasurer, attorney general, superintendent of public instruction, commissioner of school and public lands and judges of the Supreme and circuit Courts. Such certificates to be attested by the secretary of the territory.
Art. XXVI §12 | APPORTIONMENT OF STATE LEGISLATURE--NUMBER OF SENATORS AND REPRESENTATIVES INITIALLY ELECTED
At the first election held under this ordinance for senators and representatives of the Legislature, there shall be elected forty-five senators and one hundred and twenty-four representatives in the state Legislature respectively.
Art. XXVI §13 | FIRST ASSEMBLY OF LEGISLATURE--OATHS OF OFFICE
Art. XXVI §14 | ELECTION OF TWO UNITED STATES SENATORS--TWO REPRESENTATIVES
Art. XXVI §15 | ADJOURNMENT AFTER ELECTION OF SENATORS--NEXT MEETING
Art. XXVI §16 | LEGISLATURE AND OFFICERS TO EXERCISE NECESSARY AND AUTHORIZED POWERS ONLY PENDING ADMISSION OF STATE INTO UNION
Art. XXVI §17 | VALIDITY OF ORDINANCES AND SCHEDULE
Art. XXVI §18 | FREEDOM OF RELIGION--PUBLIC LANDS--INDIAN LANDS--UNIFORMITY OF TAXATION--TERRITORIAL DEBT--PUBLIC SCHOOLS--FEDERAL RESERVATIONS--IRREVOCABILITY
Second. That we, the people inhabiting the state of South Dakota, do agree and declare, that we forever disclaim all right and title to the unappropriated public lands lying within the boundaries of South Dakota; and to all lands lying within said limits owned or held by any Indian or Indian tribes, and that until the title thereto shall have been extinguished by the United States the same shall be and remain subject to the disposition of the United States, and said Indian lands shall remain under the absolute jurisdiction and control of the Congress of the United States; that the lands belonging to citizens of the United States residing without the said state, shall never be taxed at a higher rate than the lands belonging to residents of this state. That no taxes shall be imposed by the state of South Dakota on lands or property therein belonging to or which may hereafter be purchased by the United States, or reserved for its use. But nothing herein shall preclude the state of South Dakota from taxing as other lands are taxed any lands owned or held by any Indian who has severed his tribal relation and has obtained from the United States, or from any person a title thereto by patent or other grant save and except such lands as have been, or may be granted to any Indian or Indians under any act of Congress containing a provision exempting the lands thus granted from taxation, all such lands which may have been exempted by any grant or law of the United States, shall remain exempt to the extent, and as prescribed by such act of Congress.
Third. That the state of South Dakota shall assume and pay that portion of the debts and liabilities of the territory of Dakota as provided in this Constitution.
Fourth. That provision shall be made for the establishment and maintenance of systems of public schools, which shall be open to all the children of this state, and free from sectarian control.
Fifth. That jurisdiction is ceded to the United States over the military reservations of Fort Meade, Fort Randall and Fort Sully, heretofore declared by the president of the United States: provided legal process, civil and criminal, of this state shall extend over such reservations, in all cases of which exclusive jurisdiction is not vested in the United States, or of crimes not committed within the limits of such reservations.
Art. XXVI §19 | TENURE OF ELECTED OFFICERS
The judges of the Supreme Court and circuit courts shall hold their offices until the first Tuesday, after the first Monday, in January, A. D. 1894, at twelve o'clock m., and until their successors are elected and qualified; subject to the provisions of § 26 of article V of the Constitution.
The terms of office of the members of the Legislature, elected at the first election held under the provisions of this Constitution, shall expire on the first Tuesday, after the first Monday, in January, 1891.
Art. XXVI §20 | TIME OF GENERAL ELECTION
Art. XXVI §21 | FORM OF BALLOT
Constitutional Ticket
INSTRUCTIONS TO VOTERS
All persons desiring to vote for the Constitution, or for any of the articles submitted to a separate vote, may erase the word "No."All persons who desire to vote against the Constitution, or any articles separately submitted may erase the word "Yes."
For Prohibition: Yes. No.
For Minority Representation: Yes. No.
For Governor.
__________
For Lieutenant Governor.
__________
For Secretary of State.
__________
For Auditor.
__________
For Treasurer.
__________
For Attorney General.
__________
For Superintendent of Public Instruction.
__________
For Commissioner of School and Public Lands.
__________
For Judges of the Supreme Court.
First District __________
Second District __________
Third District __________
For Judge of the Circuit Court ____ Circuit.
For Representatives in Congress.
__________
For State Senator.
__________
For Representative in the Legislature.
__________
For County Judge.
_________
Art. XXVI §22 | ENROLLMENT OF CONSTITUTION--DELIVERY TO SECRETARY OF STATE--INCLUSION IN STATE LAWS--COPY TO PRESIDENT OF UNITED STATES
The president of this convention shall also supervise the making of the copy that must be sent to the president of the United States; said copy is to be certified by the president and chief clerk of this convention.
Art. XXVI §23 | AGREEMENT BY JOINT COMMISSION CONCERNING TERRITORIAL RECORDS, BOOKS, AND ARCHIVES
All records, books and archives of the territory of Dakota which it is not herein agreed shall be the property of North Dakota, shall be the property of South Dakota.
The current warrant auditor's register--one volume.
Insurance record for 1889--one volume.
Treasurer's cash book "D."
Assessment ledger "B."
Dakota territory bond register--one volume.
Treasurer's current ledger--one volume.
All other records, books and archives which it is hereby agreed shall be the property of South Dakota shall remain at the capital of North Dakota until demanded by the Legislature of the state of South Dakota, and until the state of North Dakota shall have had a reasonable time after such demand is made to provide copies or abstracts or such portions thereof as the said state of North Dakota may desire to have copies or abstracts of.
The state of South Dakota may also provide copies or abstracts of such records, books and archives which is agreed shall be the property of North Dakota as said state of South Dakota shall desire to have copies or abstracts of.
The expense of all copies or abstracts of records, books and archives which it is herein agreed may be made, shall be borne equally by said two states.
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