Texas Constitution:Article III, Section 41: Difference between revisions
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{{DISPLAYTITLE:Article III, Section 41 of the Texas Constitution (''<small>"Elections by Senate and House of Representatives"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876: | {{DISPLAYTITLE:Article III, Section 41 of the Texas Constitution (''<small>"Elections by Senate and House of Representatives"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876: | ||
'''In all elections by the Senate and House of Representatives, jointly or separately, the vote shall be given | '''In all elections by the Senate and House of Representatives, jointly or separately, the vote shall be given viva voce, except in the election of their officers.''' | ||
|editor= | |editor= | ||
In the election context, "viva voce" means casting a vote aloud for all to hear rather than by secret ballot. | |||
|recent= | |recent= | ||
| Line 18: | Line 14: | ||
None. | None. | ||
|seo_title=Article III, Section 41 of the Texas Constitution ("Elections by Senate and House of Representatives") | |||
|seo_keywords=Article 3 Section 41, viva voce, secret ballot | |||
|seo_description=The legislative power of Texas is vested in a Senate and House of Representatives. | |||
|seo_image=Texas_Constitution_of_1876_Article_3.jpg | |||
|seo_image_alt=Article III: Legislative Department | |||
}} | }} | ||
[[Category:TxCon ArtIII Sec]] | [[Category:TxCon ArtIII Sec]] | ||
Latest revision as of 20:24, August 3, 2023
Adopted February 15, 1876:
In all elections by the Senate and House of Representatives, jointly or separately, the vote shall be given viva voce, except in the election of their officers.
Editor Comments
In the election context, "viva voce" means casting a vote aloud for all to hear rather than by secret ballot.
Recent Decisions
- In re Texas Senate, 36 S.W.3d 119, 120 (Tex. 2000) (footnote omitted) ("The question, then, is whether the election of a Senator to perform the duties of the office of Lieutenant Governor is an election of a Senate officer within the meaning of article III, section 41. The person to be elected will be the presiding officer of the Senate, but he will also be performing the duties of a State official in the Executive Department . . . . The real parties in interest concede as they must that the person to be elected will be in part a Senate officer, but they contend that his additional duties remove him from the category of Senate 'officers' as that term is used in the Constitution. We disagree.")
Historic Decisions
None.
Library Resources
- Vernon's Annotated Constitution of the State of Texas (this multi-volume and up-to-date resource is available at all law libraries and many municipal libraries)
- The Texas State Constitution: A Reference Guide (this one-volume resource is available at most law libraries and some municipal libraries)
- The Constitution of the State of Texas: An Annotated and Comparative Analysis (this two-volume resource is available at most law libraries and some municipal libraries)
Online Resources
- Constitution of the State of Texas (1876) (this resource is published and maintained by the University of Texas School of Law)
- Amendments to the Texas Constitution Since 1876 (this resource is published and regularly updated by the Legislative Council)
- Reports Analyzing Proposed Amendments (this resource is published and regularly updated by the Legislative Reference Library)