Amend. Art. XVII

Election of secretary, treasurer, auditor, attorney-general

Structure The Governor & Executive Partly superseded Amendments · Articles of Amendment

Official text rightpowerlimitif conditionlegal term

The secretary, treasurer and receiver-general, auditor, and attorney-general, shall be chosen [annually,] on the day in November prescribed for the choice of governor; and each person then chosen as such, duly qualified in other respects, shall hold his office for the term of [one year] from the third Wednesday in January next thereafter, and until another is chosen and qualified in his stead. The qualification of the voters, the manner of the election, the return of the votes, and the declaration of the election, shall be such as are required in the election of governor. In case of a failure to elect either of said officers on the day in November aforesaid, or in case of the decease in the mean time of the person elected as such, such officer shall be chosen on or before the third Wednesday in January next thereafter from the [two persons who had the highest number of votes for said offices on the day in November aforesaid], by joint ballot of the senators and representatives in one room; and in case the office of secretary, or treasurer and receiver-general, or auditor, or attorney-general, shall become vacant from any cause during an annual or special session of the , such vacancy shall in like manner be filled by choice from the people at large; but if such vacancy shall occur at any other time, it shall be supplied by the governor by appointment, with the advice and consent of the council. The person so chosen or appointed, duly qualified in other respects, shall hold his office until his successor is chosen and duly qualified in his stead. In case any person chosen or appointed to either of the offices aforesaid, shall neglect, for the space of ten days after he could otherwise enter upon his duties, to qualify himself in all respects to enter upon the discharge of such duties, the office to which he has been elected or appointed shall be deemed vacant. No person shall be eligible to either of said offices unless he shall have been an inhabitant of this commonwealth five years next preceding his election or appointment.

Note (Massachusetts Legislature): [See Amendments, Arts. LXIV, LXXIX and LXXX.

Simplified explanation

The secretary, treasurer and receiver-general, auditor and attorney-general shall be chosen on the November day for choosing the governor, with failures and session vacancies filled by joint ballot of the legislature and other vacancies by the governor's appointment. Each must have lived here five years. Bracketed wording is printed as superseded.