ninety days, and in the election precinct thirty days, shall be entitled to vote at all elections which are now or may hereafter be authorized by law; provided, no native of China, no idiot, no insane person, no person convicted of any infamous crime, no person hereafter convicted of the embezzlement or misappropriation of public money, and no person who shall not be able to read the Constitution in the English language and write his name, shall ever exercise the privileges of an elector in this State; provided, that the provisions of this amendment relative to an educational qualification shall not apply to any person prevented by a physical disability from complying with its requisitions, nor to any person who now has the right to vote, nor to any person who shall be sixty years of age and upwards at the time this amendment shall take effect. [Amendment adopted November 6, 1894.]

[Original Section.] SECTION 1. Every native male citizen of the United States, every male person who shall have acquired the rights of citizenship under or by virtue of the treaty of Queretaro, and every male naturalized citizen thereof, who shall have become such ninety days prior to any election, of the age of twenty-one years, who shall have been a resident of the State one year next preceding the election, and of the county in which he claims his vote ninety days, and in the election precinct thirty days, shall be entitled to vote at all elections which are now or may hereafter be authorized by law; provided, no native of China, and no idiot, insane person, or person convicted of any infamous crime, and no person hereafter convicted of the embezzlement or misappropriation of public money, shall ever exercise the privileges of an elector in this State.

[Constitution of 1849, Art. II, §§ 1 and 5.]

78 Cal. 568; 83 Cal. 81; 91 Cal. 467; 92 Cal. 321; 117 Cal. 123; 120 Cal. 374, 377; 127 Cal. 88; 136 Cal. 451; 145 Cal. 341; 146 Cal. 513; 151 Cal. 603; 152 Cal. 231, 232; 7 Cal. App. 413.

Privileges of voters.

SEC. 2. Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest on the days of election, during their attendance at such election, going to and returning therefrom.

[Constitution of 1849, Art. II, § 2.]

Primary elections.

SEC. 22. The Legislature shall have the power to enact laws relative to the election of delegates to conventions of political

parties; and the Legislature shall enact laws providing for the direct nomination of candidates for public office, by electors, political parties, or organizations of electors without conventions, at elections to be known and designated as primary elections; and also to determine the tests and conditions upon which electors, political parties, or organizations of electors may participate in any such primary election. It shall also be lawful for the Legislature to prescribe that any such primary election shall be mandatory and obligatory. The Legislature shall also have the power to establish the rates of compensation for primary election officers serving at such primary elections in any city, or city and county, or county, or other subdivision of a designated population, without making such compensation uniform, and for such purpose such law may declare the population of any city, city and county, county or political subdivision. Provided, however, that until the Legislature shall enact a direct primary election law under the provisions of this section, the present primary election law shall remain in force and effect. [Amendment adopted November 3, 1908.]

[Original new Section of 1900.] SEC. 22. The Legislature shall have the power to enact laws relative to the election of delegates to conventions of political parties at elections known and designated as primary elections. Also to determine the tests and conditions upon which electors, political parties, or organizations of voters, may participate in any such primary election, which tests or conditions may be different from the tests and conditions required and permitted at other elections authorized by law; or the Legislature may delegate the power to determine such tests or conditions, at primary elections, to the various political parties participating therein. It shall also be lawful for the Legislature to prescribe that any such primary election law shall be obligatory and mandatory in any city, or any city and county, or in any county, or in any political subdivision, of a designated population, and that such law shall be optional in any city, city and county, county, or political subdivision of a lesser population, and for such purpose such law may declare the population of any city, city and county, county, or political subdivision, and may also provide what, if any, compensation primary election officers in defined places or political subdivisions may receive, without making compensation either general or uniform. [New section; adopted November 6, 1900.]

120 Cal. 379; 146 Cal. 316; 151 Cal. 602, 605; 152 Cal. 434.

Voters not obliged to perform military duty on election day.

SEC. 3. No elector shall be obliged to perform militia duty on the day of election, except in time of war or public danger. [Constitution of 1849, Art. II, § 3.]

Residence of voters.

SEC. 4. For the purpose of voting, no person shall be deemed to have gained or lost a residence by reason of his presence or absence while employed in the service of the United States; nor while engaged in the navigation of the waters of this State, or of the United States, or of the high seas; nor while a student at any seminary of learning; nor while kept in any almshouse or other asylum, at public expense; nor while confined in any public prison.

[Constitution of 1849, Art. II, § 4.]

105 Cal. 462.

Elections to be by ballot or otherwise.

SEC. 5. All elections by the people shall be by ballot or by such other method as may be prescribed by law; provided, that secrecy in voting be preserved.

[Amendment adopted November

SEC. 5. All elections by the people shall

[Constitution of 1849, Art. II, § 6.]

136 Cal. 655; 146 Cal. 316; XXXVI Cal. Dec. 239.

Voting machines.

SEC. 6. The inhibitions of this Constitution to the contrary nothwithstanding, the Legislature shall have power to provide that in different parts of the State different methods may be employed for receiving and registering the will of the people as expressed at elections, and may provide that mechanical devices may be used within designated subdivisions of the State at the option of the local authority indicated by the Legislature for that purpose. [New section; adopted November 4, 1902.]

ARTICLE III.

DISTRIBUTION OF POWERS.

Three departments of government.

SECTION 1. The powers of the government of the State of California shall be divided into three separate departments—the legislative, executive, and judicial; and no person charged with the exercise of powers properly belonging to one of these depart

ments shall exercise any functions appertaining to either of the others, except as in this Constitution expressly directed or permitted.

[Constitution of 1849, Art. III, § 1.]

58 Cal. 643, 645; 61 Cal. 323; 68 Cal. 196; 80 Cal. 234; 93 Cal. 414; 101 Cal. 26; 102 Cal. 470; 106 Cal. 422, 423, 424; 123 Cal. 527; 126 Cal. 672; 127 Cal. 159; 129 Cal. 602, 604; 140 Cal. 1, 12; 146 Cal. 606, 607; 148 Cal. 631; 150 Cal. 318; 151 Cal. 43; 1 Cal. App. 67; VII Cal. App. Dec. 227; VIII Cal. App. Dec. 109.

Legislative power.

ARTICLE IV.

LEGISLATIVE DEPARTMENT.

SECTION 1. The legislative power of this State shall be vested in a Senate and Assembly, which shall be designated the Legislature of the State of California; and the enacting clause of every law shall be as follows: "The People of the State of California, represented in Senate and Assembly, do enact as follows." [Constitution of 1849, Art. IV, § 1.]

55 Cal. 334; 56 Cal. 100; 61 Cal. 201; 63 Cal. 21; 72 Cal. 466; 79 Cal. 176; 92 Cal. 307; 96 Cal. 291; 119 Cal. 428; 121 Cal. 262; 139 Cal. 28; 145 Cal. 686; 151 Cal. 803; 152 Cal. 236, 237; VII Cal. App. Dec. 443.

Sessions of the Legislature.

SEC. 2. The sessions of the Legislature shall commence at twelve o'clock M. on the first Monday after the first day of January next succeeding the election of its members, and after the election held in the year 1880, shall be biennial, unless the Governor shall, in the interim, convene the Legislature by proclamation. No bill shall be introduced in either house forty days after the commencement of each session without the consent of three fourths of the members thereof. [Amendment adopted November 3, 1908.]

[Original Section.] SEC. 2. The sessions of the Legislature shall commence at twelve o'clock M. on the first Monday after the first day of January next succeeding the election of its members, and after the election held in the year eighteen hundred and eighty shall be biennial, unless the Governor shall, in the interim, convene the Legislature by proclamation. No pay shall be

allowed to members for a longer time than sixty days, except for the first session after the adoption of this Constitution, for which they may be allowed pay for one hundred days. And no bill shall be introduced in either house after the expiration of ninety days from the commencement of the first session, nor after fifty days after the commencement of each succeeding session, without the consent of two thirds of the members thereof.

[Constitution of 1849, Art. IV, § 2.]

56 Cal. 101; 96 Cal. 291; 114 Cal. 114, 169; 130 Cal. 88; 144 Cal. 173; 146 Cal. 607.

Election of members of the Assembly.

SEC. 3. Members of the Assembly shall be elected in the year eighteen hundred and seventy-nine, at the time and in the manner now provided by law. The second election of members of the Assembly, after the adoption of this Constitution, shall be on the first Tuesday after the first Monday in November, eighteen hundred and eighty. Thereafter members of the Assembly shall be chosen biennially, and their term of office shall be two years; and each election shall be on the first Tuesday after the first Monday in November, unless otherwise ordered by the Legislature. [Constitution of 1849, Art. IV, § 3.]

55 Cal. 622; 56 Cal. 100; 58 Cal. 560; 96 Cal. 291; 114 Cal. 169.

Election of Senators and qualifications of members of Legislature. SEC. 4. Senators shall be chosen for the term of four years, at the same time and places as members of the Assembly, and no person shall be a member of the Senate or Assembly who has not been a citizen and inhabitant of the State three years, and of the district for which he shall be chosen one year, next before his election.

[Constitution of 1849, Art. IV, §§ 4 and 5.]

55 Cal. 622; 56 Cal. 100; 74 Cal. 553; 96 Cal. 264, 291; 119 Cal. 438; 120 Cal. 568.

Number of Senators and members of the Assembly.

SEC. 5. The Senate shall consist of forty members, and the Assembly of eighty members, to be elected by districts, numbered as hereinafter provided. The seats of the twenty Senators elected in the year eighteen hundred and eighty-two from the odd-numbered districts shall be vacated at the expiration of the second year, so that one half of the Senators shall be elected