Article VIII
ARTICLE VIII
IMPEACHMENT AND REMOVAL FROM OFFICE
Section 1. IMPEACHMENT POWERS. The house of representatives has the sole power of impeachment through a concurrence of a majority of all its members. All impeachments shall be tried by the senate. When sitting for that purpose, senators shall be upon oath or affirmation to do justice according to law and evidence. No person shall be convicted without the concurrence of two-thirds of the senators present.
Sec. 2. OFFICERS SUBJECT TO IMPEACHMENT; GROUNDS; JUDGMENT. The governor, secretary of state, auditor, attorney general and the judges of the supreme court, court of appeals and district courts may be impeached for corrupt conduct in office or for crimes and misdemeanors; but judgment shall not extend further than to removal from office and disqualification to hold and enjoy any office of honor, trust or profit in this state. The party convicted shall also be subject to indictment, trial, judgment and punishment according to law. [Amended, November 2, 1982; November 3, 1998]
NOTE: The office of the state treasurer will be abolished on the first Monday in January 2003. Laws 1998, chapter 387, article 1, section 2.
Sec. 3. SUSPENSION. No officer shall exercise the duties of his office after he has been impeached and before his acquittal.
Sec. 4. SERVICE OF IMPEACHMENT PAPERS. No person shall be tried on impeachment before he has been served with a copy thereof at least 20 days previous to the day set for trial.
Sec. 5. REMOVAL OF INFERIOR OFFICERS. The legislature of this state may provide for the removal of inferior officers for malfeasance or nonfeasance in the performance of their duties.
Sec. 6. RECALL. A member of the senate or the house of representatives, an executive officer of the state identified in section 1 of article V of the constitution, or a judge of the supreme court, the court of appeals, or a district court is subject to recall from office by the voters. The grounds for recall of a judge shall be established by the supreme court. The grounds for recall of an officer other than a judge are serious malfeasance or nonfeasance during the term of office in the performance of the duties of the office or conviction during the term of office of a serious crime. A petition for recall must set forth the specific conduct that may warrant recall. A petition may not be issued until the supreme court has determined that the facts alleged in the petition are true and are sufficient grounds for issuing a recall petition. A petition must be signed by a number of eligible voters who reside in the district where the officer serves and who number not less than 25 percent of the number of votes cast for the office at the most recent general election. Upon a determination by the secretary of state that a petition has been signed by at least the minimum number of eligible voters, a recall election must be conducted in the manner provided by law. A recall election may not occur less than six months before the end of the officer's term. An officer who is removed from office by a recall election or who resigns from office after a petition for recall issues may not be appointed to fill the vacancy that is created. [Adopted, November 5, 1996]
