IOWA CONSTITUTION
ARTICLE XII
SCHEDULE

Art. XII §1 | SUPREME LAW — CONSTITUTIONALITY OF ACTS

This Constitution shall be the supreme law of the State, and any law inconsistent there with, shall be void. The General Assembly shall pass all laws necessary to carry this Constitution into effect.

Art. XII §2 | LAWS IN FORCE

All laws now in force and not inconsistent with this Constitution, shall remain in force until they shall expire or be repealed.

Art. XII §3 | PROCEEDINGS NOT AFFECTED

All indictments, prosecutions, suits, pleas, plaints, process, and other proceedings pending in any of the courts, shall be prosecuted to final judgment and execution; and all appeals, writs of error, certiorari, and injunctions, shall be carried on in the several courts, in the same manner as now provided by law; and all offences, misdemeanors, and crimes that may have been committed before the taking effect of this Constitution, shall be subject to indictment, trial and punishment, in the same manner as they would have been, had not this Constitution been made.

Art. XII §4 | FINES INURE TO THE STATE. [REPEALED]

[All fines, penalties, or forfeitures due, or to become due, or accruing to the State, or to any County therein, or to the school fund, shall inure to the State, county, or school fund, in the manner prescribed by law.]*

Notes

*This section repealed by Amendment [35]

Art. XII §5 | BONDS IN FORCE

All bonds executed to the State, or to any officer in his official capacity, shall remain in force and inure to the use of those concerned.

Art. XII §6 | FIRST ELECTION FOR GOVERNOR AND LIEUTENANT GOVERNOR

The first election under this Constitution shall be held of the second Tuesday in October, in the year one thousand eight hundred and fifty seven, at which time the electors of the State shall elect the Governor and Lieutenant Governor. There shall also be elected at such election, the successors of such State Senators as were elected at the August election, in the year one thousand eight hundred and fifty-four, and members of the House of Representatives, who shall be elected in accordance with the act of apportionment, enacted at the session of the General Assembly which commenced on the first Monday of December One thousand eight hundred and fifty six.

Art. XII §7 | FIRST ELECTION OF OFFICERS

The first election for Secretary, Auditor, and Treasurer of State, Attorney General, District Judges, Members of the Board of Education, District Attorneys, members of Congress and such State officers as shall be elected at the April election, in the year One thousand eight hundred and fifty seven, (except the Superintendent of Public Instruction,) and such county officers as were elected at the August election, in the year One thousand eight hundred and fifty-six, except Prosecuting Attorneys, shall be held on the second Tuesday of October, One thousand eight hundred and fifty-eight: Provided, That the time for which any District Judge or other State or County officer elected at the April election in the year One thousand eight hundred and fifty eight, shall not extend beyond the time fixed for filling like offices at the October election in the year one thousand eight hundred and fifty eight.

Art. XII §8 | FOR JUDGES OF SUPREME COURT

The first election for Judges of the Supreme Court, and such County officers as shall be elected at the August election, in the year one thousand eight hundred and fifty-seven, shall be held on the second Tuesday of October in the year One thousand eight hundred and fifty-nine.

Art. XII §9 | GENERAL ASSEMBLY — FIRST SESSION

The first regular session of the General Assembly shall be held in the year One thousand eight hundred and fifty- eight, commencing on the second Monday of January of said year.

Art. XII §10 | SENATORS

Senators elected at the August election, in the year one thousand eight hundred and fifty-six, shall continue in office until the second Tuesday of October, in the year one thousand eight hundred and fifty nine, at which time their successors shall be elected as may be prescribed by law.

Art. XII §11 | OFFICES NOT VACATED

Every person elected by popular vote, by vote of the General Assembly, or who may hold office by executive appointment, which office is continued by this Constitution, and every person who shall be so elected or appointed, to any such office, before the taking effect of this constitution, (except as in this Constitution otherwise provided,) shall continue in office until the term for which such person has been or may be elected or appointed shall expire: but no such person shall continue in office after the taking effect of this Constitution, for a longer period than the term of such office, in this Constitution prescribed.

Art. XII §12 | JUDICIAL DISTRICTS

The General Assembly, at the first session under this Constitution, shall district the State into eleven Judicial Districts, for District Court purposes; and shall also provide for the apportionment of the members of the General Assembly, in accordance with the provisions of this Constitution.

Art. XII §13 | SUBMISSION OF CONSTITUTION

This Constitution shall be submitted to the electors of the State at the August election, in the year one thousand eight hundred and fifty-seven, in the several election districts in this State. The ballots at such election shall be written or printed as follows: Those in favor of the Constitution, New Constitution - Yes. Those against the Constitution, New Constitution - No. The election shall be conducted in the same manner as the general elections of the State, and the poll-books shall be returned and canvassed as provided in the twenty-fifth chapter of the code, and abstracts shall be forwarded to the Secretary of State, which abstracts shall be canvassed in the manner provided for in the canvass of State officers.

And if it shall appear that a majority of all the votes cast at such election for and against this Constitution are in favor of the same, the Governor shall immediately issue his proclamation stating that fact, and such Constitution shall be the Constitution of the State of Iowa, and shall take effect from and after the publication of said proclamation.

Art. XII §14 | PROPOSITION TO STRIKE OUT THE WORD WHITE

At the same election that this Constitution is submitted to the people for its adoption or rejection, a proposition to amend the same by striking out the word White from the article on the Right of Suffrage, shall be separately submitted to the electors of this State for adoption or rejection in manner following - Namely: A separate ballot may be given by every person having a right to vote at said election, to be deposited in a separate box; and those given for the adoption of such proposition shall have the words, Shall the word White be stricken out of the Article on the Right of Suffrage? Yes. And those given against the proposition shall have the words, Shall the word White be stricken out of the Article on the Right of Suffrage? No. And if at said election the number of ballots cast in favor of said proposition shall be equal to a majority of those cast for and against this Constitution, then said word White shall be stricken from said Article and be no part thereof. This proposition failed to be adopted but see Amendment [1]

Art. XII §15 | MILLS COUNTY

Until otherwise directed by law, the County of Mills shall be in and a part of the sixth Judicial District of this State.

Art. XII §16 | GENERAL ELECTION

Done in Convention at Iowa City, this fifth day of March in the year of our Lord One thousand eight hundred and fifty seven, and of the Independence of the United States of America, the eighty first.

In testimony whereof we have hereunto subscribed our names.

TIMOTHY DAY
SHELDON G. WINCHESTER
DAVID BUNKER
D.P. PALMER
GEORGE W. ELLS
J.C. HALL
JOHN H. PETERS
WILLIAM A. WARREN
HOSEA W. GRAY
ROBERT GOWER
H.D. GIBSON
THOMAS SEELY
A.H. MARVIN
J.H. EMERSON
RUFUS L.B. CLARKE
JAMES A. YOUNG
DANIEL H. SOLOMON
M.W. ROBINSON
LEWIS TODHUNTER
JOHN EDWARDS
J.C. TRAER
JAMES F. WILSON
AMOS HARRIS
JOHN T. CLARK
SQUIRE AYERS
HARVEY J. SKIFF
J.A. PARVIN
W. PENN CLARKE
JEREMIAH HOLLINGSWORTH
WILLIAM PATTERSON
DANIEL W. PRICE
ALPHEUS SCOTT
GEORGE GILLASPY
EDWARD JOHNSTONE
AYLETT R. COTTON
FRANCIS SPRINGER, President

Attest:

THOMAS J. SAUNDERS, Secretary

ELLSWORTH N. BATES, Asst. Secretary

PROCLAMATION
Whereas an instrument known as the "New Constitution of the State of Iowa" adopted by the constitutional convention of said State on the fifth day of March A.D. 1857 was submitted to the qualified electors of said State at the annual election held on Monday the third day of August 1857 for their approval or rejection.

And whereas an official canvass of the votes cast at said election shows that there were Forty thousand three hundred and eleven votes cast for the adoption of said Constitution and Thirty eight thousand six hundred and eighty-one votes were cast against its adoption, leaving a majority of sixteen hundred and thirty votes in favor of its adoption.

Now therefore I, JAMES W. GRIMES, Governor of said State, by virtue of the authority conferred upon me, hereby declare that said New Constitution to be adopted, and declare it to be the supreme law of the State of Iowa.

In the testimony whereof I have hereunto set my hand and affixed the Great Seal of the State of Iowa.

L.S. Done at Iowa City this Third day of September A.D. 1857 of the Independence of the United States the eighty second and of the State of Iowa the eleventh.

Elijah Sells,
Secretary of State.

JAMES W. GRIMES
By the Governor.

Notes

For provisions relative to biennial election, see Amendment [11]: See also Amendment [14]

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IOWA CONSTITUTIONARTICLE XIISCHEDULE

Art. XII §1 | SUPREME LAW — CONSTITUTIONALITY OF ACTS

Art. XII §2 | LAWS IN FORCE

Art. XII §3 | PROCEEDINGS NOT AFFECTED

Art. XII §4 | FINES INURE TO THE STATE. [REPEALED]

Notes

Art. XII §5 | BONDS IN FORCE

Art. XII §6 | FIRST ELECTION FOR GOVERNOR AND LIEUTENANT GOVERNOR

Art. XII §7 | FIRST ELECTION OF OFFICERS

Art. XII §8 | FOR JUDGES OF SUPREME COURT

Art. XII §9 | GENERAL ASSEMBLY — FIRST SESSION

Art. XII §10 | SENATORS

Art. XII §11 | OFFICES NOT VACATED

Art. XII §12 | JUDICIAL DISTRICTS

Art. XII §13 | SUBMISSION OF CONSTITUTION

Art. XII §14 | PROPOSITION TO STRIKE OUT THE WORD WHITE

Art. XII §15 | MILLS COUNTY

Art. XII §16 | GENERAL ELECTION

PROCLAMATION

Notes

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