1995 Assembly Joint Resolution 16
ENROLLED JOINT RESOLUTION
To amend section 3 of article XIII of the constitution; relating to: eligibility to seek or hold office of a person convicted of a misdemeanor involving a violation of public trust or of a felony (2nd consideration).
Whereas, the 1993 legislature in regular session proposed an amendment to the constitution by 1993 Assembly Joint Resolution 3 (1993 Enrolled Joint Resolution 19) and agreed to it by a majority of the members elected to each of the 2 houses, which amendment reads as follows:
AJR16, s. 1
Section
1. Section 3 of article XIII of the constitution is amended to read:
[Article XIII] Section 3 (1) No member of congress
, nor any and no person holding any office of profit or trust under the United States (postmasters excepted) except postmaster, or under any foreign power; no, shall be eligible to any office of trust, profit or honor in this state.
(2) No person convicted of any infamous crime a felony, in any court within the United States; and no person being a defaulter to the United States or to this state, or to any county or town therein, or to any state or territory within the United States, no person convicted in federal court of a crime designated, at the time of commission, under federal law as a misdemeanor involving a violation of public trust and no person convicted, in a court of a state, of a crime designated, at the time of commission, under the law of the state as a misdemeanor involving a violation of public trust shall be eligible to any office of trust, profit or honor in this state unless pardoned of the conviction.
(3) No person may seek to have placed on any ballot for a state or local elective office in this state the name of a person convicted of a felony, in any court within the United States, the name of a person convicted in federal court of a crime designated, at the time of commission, under federal law as a misdemeanor involving a violation of public trust or the name of a person convicted, in a court of a state, of a crime designated, at the time of commission, under the law of the state as a misdemeanor involving a violation of public trust, unless the person named for the ballot has been pardoned of the conviction.
Now, therefore, be it resolved by the assembly, the senate concurring, That the foregoing amendment to the constitution is agreed to by the 1995 legislature; and, be it further
Resolved, That the foregoing amendment be submitted to a vote of the people at the general election to be held in November 1996; and, be it further
Resolved, That the question concerning ratification of the foregoing amendment be stated on the ballot as follows:
Question 1: "Eligibility of convicted persons for office. Shall section 3 of article XIII of the constitution be amended to prohibit a person from holding public office or from appearing on a ballot for state or local office if the person has been convicted of a misdemeanor involving a violation of public trust or a felony and the person has not been pardoned for the conviction?"
