VII Section 1. Impeachment — officers liable — grounds. — 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.
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Source: Const. of 1875, Art. VII, § 1 (Amended February 26, 1924).
----------------- VII Section 1 2/27/1945 -----------------
VII Section 2. Power of impeachment — trial of impeachments. — 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.
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Source: Const. of 1875, Art. VII, § 2 (Amended February 26, 1924).
----------------- VII Section 2 2/27/1945 -----------------
VII Section 3. Effect of judgment of impeachment. — 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.
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Source: Const. of 1875, Art. VII, § 2.
----------------- VII Section 3 2/27/1945 -----------------
VII Section 4. Removal of officers not subject to impeachment. — 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.
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Source: Const. of 1875, Art. XIV, § 7.
(1954) Prosecuting attorney held authorized to prosecute quo warranto proceedings to remove county officers for malfeasance. Conviction is not prerequisite to such proceeding nor is officer entitled to jury trial. State ex Inf. Saunders v. Burgess, 364 Mo. 548, 264 S.W.2d 339.
(1956) Statutory remedy for removal of officers, adopted under § 4, Art. VII of the Const., is not exclusive and does not limit the jurisdiction of the Supreme Court in quo warranto. State ex Inf. Dalton v. Mosley, 365 Mo. 711, 286 S.W.2d 721.
(1956) Sheriff who failed to enforce laws against gambling and against lotteries for charitable or civic purposes and who solicited reward for recovery of stolen property held to have forfeited office and could be ousted by quo warranto. State ex Inf. Dalton v. Mosely, 365 Mo. 711, 286 S.W.2d 721.
(1971) The Supreme Court has jurisdiction to hear quo warranto proceedings to remove county officer. State ex rel. Danforth v. Orton (Mo.), 465 S.W.2d 618.
----------------- VII Section 4 2/27/1945 -----------------
VII Section 5. Election contests — executive state officers — other election contests. — 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.
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Source: Const. of 1875, Art. VIII, § 8 (Amended February 26, 1924).
(1953) Circuit court has jurisdiction of contest of election of alderman in city of third class although there is no specific statutory provision for such contests in cities of such class. State ex rel. Book v. Goodman, 364 Mo. 485, 263 S.W.2d 409.
(2024) Section clearly authorizes general assembly to designate state supreme court as the proper one for election contests involving proposed constitutional amendments and other ballot propositions. Lucas v. Ashcroft, 688 S.W.3d 204 (Mo.banc).
----------------- VII Section 5 2/27/1945 -----------------
VII Section 6. Penalty for nepotism. — 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.
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Source: Const. of 1875, Art. XIV, § 13 (Adopted February 26, 1924).
(1964) Acts of officer will not be declared invalid until question of forfeiture has been judicially determined. State v. King (Mo.), 379 S.W.2d 522.
(1967) A county court judge is a "public officer" within the meaning of this section of the constitution. State ex rel. Stephens v. Fletchell (Mo.), 412 S.W.2d 423.
(1976) When sheriff appointed his wife's uncle as deputy sheriff in violation of the constitutional provision which is self-enforcing, he forfeited his office and quo warranto was an appropriate remedy to enforce the resulting forfeiture. State ex Inf. Roberts v. Buckley (Mo.), 533 S.W.2d 551.
(1994) Although other county commissioners cast sufficient number of votes to assure appointment, when presiding commissioner of county participated in appointment process by voting for the appointment of presiding commissioner's sister-in- law as trustee of county board (a nonpaying position), appointment violated an antinepotism provision of constitution. State ex inf. Attorney General v. Shull, 887 S.W.2d 397 (Mo. en banc).
----------------- VII Section 6 2/27/1945 -----------------
VII Section 7. Appointment of officers. — Except as provided in this constitution, the appointment of all officers shall be made as prescribed by law.
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Source: Const. of 1875, Art. XIV, § 9.
----------------- VII Section 7 2/27/1945 -----------------
VII Section 8. Qualifications for public office — nonresidents. — 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.
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Source: Const. of 1875, Art. VIII, § 10 (Amended February 26 1924).
----------------- VII Section 8 2/27/1945 -----------------
VII Section 9. Disqualification by federal employment — exceptions. — 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.
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Source: Const. of 1875, Art. XIV, § 4.
----------------- VII Section 9 2/27/1945 -----------------
VII Section 10. Equality of sexes in public service. — No person shall be disqualified from holding office in this state because of sex.
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Source: Const. of 1875, Art. VIII, § 11 (Adopted August 2, 1921).
----------------- VII Section 10 2/27/1945 -----------------
VII Section 11. Oath of office. — 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.
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Source: Const. of 1875, Art. XIV, § 6.
----------------- VII Section 11 2/27/1945 -----------------
VII Section 12. Tenure of office. — 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.
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Source: Const. of 1875, Art. XIV, § 5.
(1955) Where individual elected to office of circuit clerk and recorder of fourth class county died before qualifying, a vacancy was created so as to authorize appointment of successor by governor. Incumbent held not entitled to hold over in office. State ex Inf. Dalton v. Mouser, 365 Mo. 565, 284 S.W.2d 473.
(1967) Shortening term of office by amending charter to change term from four years to two years not violative of Art. VII, § 12, of Constitution of Missouri. State ex rel. Voss v. Davis (Mo.), 418 S.W.2d 163.
----------------- VII Section 12 2/27/1945 -----------------
VII Section 13. Limitation on increase of compensation and extension of terms of office. — 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.
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Source: Const. of 1875, Art. XIV, § 8.
(1952) Clerk of Court of Appeals who exercises some of the sovereign functions of the state, but who does so under the supervision of the court, held not to be a "state officer" or "public officer" within the constitutional provision prohibiting increase in compensation during his term of office. State ex rel. Webb v. Pigg, 363 Mo. 133, 249 S.W.2d 435.
(1956) Where one legislative act provided for additional duties for election commissioners and another increased their compensation, but neither indicated that the increase was intended as compensation for the additional duties, the compensation did not apply during their terms of office. Mooney v. County of St. Louis (Mo.), 286 S.W.2d 763.
(2012) Section is not violated by midterm increase in compensation resulting from application of a statutory formula for calculating compensation in place prior to time official was elected or took office. State ex rel. George v. Verkamp, 365 S.W.3d 598 (Mo.banc).
----------------- VII Section 13 2/27/1945 -----------------
VII Section 14. Statement of actuary required before retirement benefits substantially changed. — 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.
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(Adopted August 8, 1978).
----------------- VII Section 14 9/7/1978 -----------------
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