Missouri Constitution – Article VII – PUBLIC OFFICERS

Impeachment–officers liable–grounds.

Section 1. All elective executive officials of the state, and judges of the supreme court, courts of appeals and circuit courts shall be liable to impeachment for crimes, misconduct, habitual drunkenness, willful neglect of duty, corruption in office, incompetency, or any offense involving moral turpitude or oppression in office.

Source: Const. of 1875, Art. VII, § 1 (Amended February 26, 1924).

Power of impeachment–trial of impeachments.

Section 2. The house of representatives shall have the sole power of impeachment. All impeachments shall be tried before the supreme court, except that the governor or a member of the supreme court shall be tried by a special commission of seven eminent jurists to be elected by the senate. The supreme court or special commission shall take an oath to try impartially the person impeached, and no person shall be convicted without the concurrence of five-sevenths of the court or special commission.

Source: Const. of 1875, Art. VII, § 2 (Amended February 26, 1924).

Effect of judgment of impeachment.

Section 3. Judgment of impeachment shall not extend beyond removal from office, but shall not prevent punishment of such officer by the courts on charges growing out of the same matter.

Source: Const. of 1875, Art. VII, § 2.

Removal of officers not subject to impeachment.

Section 4. Except as provided in this constitution, all officers not subject to impeachment shall be subject to removal from office in the manner and for the causes provided by law.

Source: Const. of 1875, Art. XIV, § 7.

Election contests–executive state officers–other election contests.

Section 5. Contested elections for governor, lieutenant governor and other executive state officers shall be had before the supreme court in the manner provided by law, and the court may appoint one or more commissioners to hear the testimony. The trial and determination of contested elections of all other public officers in the state, shall be by courts of law, or by one or more of the judges thereof. The general assembly shall designate by general law the court or judge by whom the several classes of election contests shall be tried and regulate the manner of trial and all matters incident thereto; but no law assigning jurisdiction or regulating its exercise shall apply to the contest of any election held before the law takes effect.

Source: Const. of 1875, Art. VIII, § 8 (Amended February 26, 1924).

Penalty for nepotism.

Section 6. Any public officer or employee in this state who by virtue of his office or employment names or appoints to public office or employment any relative within the fourth degree, by consanguinity or affinity, shall thereby forfeit his office or employment.

Source: Const. of 1875, Art. XIV, § 13 (Amended February 26, 1924).

Appointment of officers.

Section 7. Except as provided in this constitution, the appointment of all officers shall be made as prescribed by law.

Source: Const. of 1875, Art. XIV, § 9.

Qualifications for public office–nonresidents.

Section 8. No person shall be elected or appointed to any civil or military office in this state who is not a citizen of the United States, and who shall not have resided in this state one year next preceding his election or appointment, except that the residence in this state shall not be necessary in cases of appointment to administrative positions requiring technical or specialized skill or knowledge.

Source: Const. of 1875, Art. VIII, § 10 (Amended February 26, 1924).

Disqualification by federal employment–exceptions.

Section 9. No person holding an office of profit under the United States shall hold any office of profit in this state, members of the organized militia or of the reserve corps excepted.

Source: Const. of 1875, Art. XIV, § 4.

Equality of sexes in public service.

Section 10. No person shall be disqualified from holding office in this state because of sex.

Source: Const. of 1875, Art. VIII, § 11 (Adopted August 2, 1921).

Oath of office.

Section 11. Before taking office, all civil and military officers in this state shall take and subscribe an oath or affirmation to support the Constitution of the United States and of this state, and to demean themselves faithfully in office.

Source: Const. of 1875, Art. XIV, § 6.

Tenure of office.

Section 12. Except as provided in this constitution, and subject to the right of resignation, all officers shall hold office for the term thereof, and until their successors are duly elected or appointed and qualified.

Source: Const. of 1875, Art. XIV, § 5.

Limitation on increase of compensation and extension of terms of office.

Section 13. The compensation of state, county and municipal officers shall not be increased during the term of office; nor shall the term of any officer be extended.

Source: Const. of 1875, Art. XIV, § 8.

Statement of actuary required before retirement benefits substantially changed.

Section 14. The legislative body which stipulates by law the amount and type of retirement benefits to be paid by a retirement plan covering elected or appointed public officials or both, shall, before taking final action of any substantial proposed change in future benefits, cause to be prepared a statement regarding the cost of such change. Such statement of cost shall be prepared by a qualified actuary with experience in retirement plan financing and such statement shall be available for public inspection. The general assembly shall provide by law applicable standards and requirements governing the preparation, content, and disposition of such statements of cost.

(Adopted August 8, 1978).