right of suffrage. Certain employments not to affect voters. convicted of bribery, of larceny or of any infamous crime; and for depriving every person who shall make, or become directly or indirectly interested in any bet or wager depending upon the result of any election, from the right to vote at such election. Section 3. For the purpose of voting, no person shall be deemed to have gained or lost a residence, by rearesidence of son 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 of any seminary of learning; nor while kept at any almshouse, or other asylum, at public expense; nor while confined in any public prison. Laws to be passed. Election to Section 4. Laws shall be made for ascertaining by proper proofs the citizens who shall be entitled to the right of suffrage hereby established. Section 5. All elections by the citizens shall be by be by ballot. ballot, except for such town officers as may by law be directed to be otherwise chosen. Legislative power. Senate, number of Assembly, number of. State divided into 32 sena torial districts. No. 1. No. 2. No. 3, 4, 5, and 6. ARTICLE III. Section 1. The legislative power of this State shall be vested in a Senate and Assembly. Section 2. The Senate shall consist of thirty-two members, and the Senators shall be chosen for two years. The Assembly shall consist of one hundred and twenty-eight members, who shall be annually elected. Section 3. The State shall be divided into thirtytwo districts, to be called Senate Districts, each of which shall choose one Senator. The districts shall be numbered from one to thirty-two inclusive. District number one (1) shall consist of the counties of Suffolk, Richmond and Queens. District number two (2) shall consist of the county of Kings. District number three (3) number four (4) number five (5) and number six (6) shall consist of the city and county of New York; and the board of supervisors of pervisors of said city and county shall, on or before the first day of Board of su New York county into tricts. May, one thousand eight hundred and forty-seven, the city of divide the said city and county into the number of senate districts to which it is entitled, as near as may be of an equal number of inhabitants, excluding aliens 4 senate disand persons of color not taxed, and consisting of convenient and contiguous territory; and no assembly district shall be divided in the formation of a senate district. The board of supervisors, when they shall have completed such division, shall cause certificates thereof, stating the number and boundaries of each district, and Certificate, the population thereof, to be filed in the office of the &c., to be Secretary of State, and of the clerk of the said city and county. filed. District number seven (7) shall consist of the counties No. 7. of Westchester, Putnam and Rockland. District number eight (8) shall consist of the counties No. 8. of Dutchess and Columbia. District number nine (9) shall consist of the counties No. 9. of Orange and Sullivan. District number ten (10) shall consist of the counties No. 10. of Ulster and Greene. District number eleven (11) shall consist of the coun- No. 11. ties of Albany and Schenectady. District number twelve (12) shall consist of the No. 12. county of Rensselaer. District number thirteen (13) shall consist of the No. 13. counties of Washington and Saratoga. District number fourteen (14) shall consist of the No. 14. counties of Warren, Essex and Clinton. District number fifteen (15) shall consist of the coun- No. 15. ties of St. Lawrence and Franklin. District number sixteen (16) shall consist of the No. 16. counties of Herkimer, Hamilton, Fulton and Montgomery. District number seventeen (17) shall consist of the No. 17. counties of Schoharie and Delaware. District number eighteen (18) shall consist of the No. 18. counties of Otsego and Chenango. District number nineteen (19) shall consist of the No. 19. county of Oneida. No. 20. No. 21. No. 22. No. 23. No. 24. No. 25. No. 26. No. 27. No. 28. No. 29. No. 30. No. 31. No. 32. Census to be Senate districts how altered. District number twenty (20) shall consist of the counties of Madison and Oswego. District number twenty-one (21) shall consist of the counties of Jefferson and Lewis. District number twenty-two (22) shall consist of the county of Onondaga. District number twenty-three (23) shall consist of the counties of Cortland, Broome and Tioga. District number twenty-four (24) shall consist of the counties of Cayuga and Wayne. District number twenty-five (25) shall consist of the counties of Tompkins, Seneca and Yates. District number twenty-six (26) shall consist of the counties of Steuben and Chemung. District number twenty-seven (27) shall consist of the county of Monroe. District number twenty-eight (28) shall consist of the counties of Orleans, Genesee and Niagara. District number twenty-nine (29) shall consist of the counties of Ontario and Livingston. District number thirty (30) shall consist of the counties of Allegany and Wyoming. District number thirty-one (31) shall consist of the county of Erie. District number thirty-two (32) shall consist of the counties of Chautauque and Cattaraugus. Section 4. An enumeration of the inhabitants of the taken in 1855 State shall be taken, under the direction of the Legisand every ten lature, in the year one thousand eight hundred and fiftyyears. five, and at the end of every ten years thereafter; and the said districts shall be so altered by the Legislature, at the first session after the return of every enumeration, that each senate district shall contain, as nearly as may be, an equal number of inhabitants, excluding aliens and persons of color not taxed; and shall remain unaltered until the return of another enumeration, and shall at all times consist of contiguous territory; and no county shall be divided in the formation of a senate district, except such county shall be equitably entitled to two or more Senators. Section 5. The members of assembly shall be appor- Members of tioned among the several counties of this State, by the Assembly, how appor Legislature, as nearly as may be, according to the tioned and number of their respective inhabitants, excluding chosen. aliens and persons of color not taxed, and shall be chosen by single districts. districts. The several boards of supervisors in such counties of Boards of suthis State, as are now entitled to more than one mem- pervisors in certain counber of assembly, shall assemble on the first Tuesday of ties to divide January next, and divide their respective counties into the same into assembly districts equal to the number of members of assembly assembly to which such counties are now severally entitled by law, and shall cause to be filed in the offices of the Secretary of State, and the clerks of their respective counties, a description of such assembly, dis- Description tricts, specifying the number of each district and the of assembly population thereof, according to the last preceding be filed. State enumeration, as near as can be ascertained. Each assembly district shall contain, as nearly as may Content of be, an equal number of inhabitants, excluding aliens assembly and persons of color not taxed, and shall consist of convenient and contiguous territory; but no town shall be divided in the formation of assembly districts. districts to districts. tion mem The Legislature, at its first session after the return of Legislature every enumeration, shall re-apportion the members of to re-apporassembly among the several counties of this State, in bers of asmanner aforesaid, and the boards of supervisors in such sembly. counties as may be entitled, under such re-apportionment, to more than one member, shall assemble at such time as the Legislature making such re-apportionment shall prescribe, and divide such counties into assembly districts, in the manner herein directed; and the apportionment and districts so to be made, shall remain unaltered until another enumeration shall be taken under the provisions of the preceding section. entitled to one member. Every county heretofore established and separately Each county organized, except the county of Hamilton, shall always be entitled to one member of the assembly, and no new county shall be hereafter erected, unless its population shall entitle it to a member. Hamilton county. Pay of members. The county of Hamilton shall elect with the county of Fulton, until the population of the county of Hamilton shall, according to the ratio, be entitled to a member. Section 6. The members of the Legislature shall receive for their services a sum not exceeding three dollars a day from the commencement of the session; but such pay shall not exceed in the aggregate three hundred dollars for per diem allowance, except in proceedings for impeachment. The limitation as to the aggregate compensation shall not take effect until the year one thousand eight hundred and forty-eight. When convened in extra session by the Governor, they shall receive three dollars per day. They shall also receive the sum of one dollar for every ten miles they shall travel in going to and returning from their place of meeting on the most usual route. The speaker of the assembly shall, in virtue of his office, receive an tion to spea- additional compensation equal to one-third of his per diem allowance as a member. Additional compensa ker. No member Section 7. No member of the Legislature shall receive to receive an any civil appointment within this State, or to the Senate appointment. of the United States, from the Governor, the Governor Persons disqualified from being members. Time of election fixed. and Senate, or from the Legislature, during the term for which he shall have been elected; and all such appointments, and all votes given for any such member, for any such office or appointment, shall be void. Section 8. No person being a member of Congress, or holding any judicial or military office under the United States, shall hold a seat in the Legislature. And if any person shall, after his election as a member of the Legislature, be elected to Congress, or appointed to any office, civil or military, under the government of the United States, his acceptance thereof shall vacate his seat. Section 9. The elections of Senators and Members of Assembly, pursuant to the provisions of this Constitution, shall be held on the Tuesday succeeding the first Monday of November, unless otherwise directed by the Legislature. |