Section 1. The executive department shall consist of a governor, lieutenant governor, secretary of state, state auditor, state treasurer, attorney general, and superintendent of public instruction, each of whom shall hold his office for two years, beginning on the First Monday in January next after his election, except as otherwise provided in this constitution. The officers of the executive department, excepting the lieutenant governor, shall, during their term of offices, reside at the seat of government, where they shall keep the public records, books and papers. They shall perform such duties as are prescribed by this constitution and as may be prescribed by law.

Section 2. The officers named in Section 1 of this article shall be elected by the qualified electors of the state at the time and places of voting for members of the legislative assembly, and the persons, respectively, having the highest number of votes for the office voted for shall be elected; but if two or more shall have an equal and the highest number of votes for any one of said offices, the two houses of the legislative assembly, at its next regular session, shall forthwith, by joint ballot, elect one of such persons for said office. The returns of election for the officers named in section 1 shall be made in such manner as may be prescribed by law, and all contested elections of the same, other than provided for in this section, shall be determined as may be prescribed by law.

Section 3. No person shall be eligible to the office of governor, or lieutenant governor unless he shall have attained the age of thirty years at the time of his election, nor to the office of secretary of state, state auditor, superintendent of public instruction, or state treasurer, unless he shall have attained the age of twenty-five years, nor to the office of attorney general unless he shall have attained the age of thirty years, and have been admitted to practice in the supreme court of the state or territory of Idaho and be in good standing at the time of his election. In addition to the qualifications above described, each of the officers named shall be a citizen of the United States and shall have resided within the state or territory two years next preceding his election.

Section 4. The governor shall be commander in chief of the military forces of the state, except when they shall be called into actual service of the United States. He shall have power to call out the militia to execute the laws, to suppress insurrection, or to repel invasion.

Section 5. The supreme executive power of the state shall be vested in the governor, who shall see that the laws are faithfully executed.

Section 6. The governor shall nominate and, by and with the consent of the senate, appoint all officers whose offices are established by this constitution, or which may be created by law, and whose appointment or election is not otherwise provided for. If during the recess of the senate a vacancy occur in any state or district office, the governor shall appoint some fit person to discharge the duties thereof until the next meeting of the senate, when he shall nominate some person to fill such office. If the office of a justice of the supreme or district court, secretary of state, state auditor, state treasurer, attorney general, or superintendent of public instruction shall be vacated by death, resignation or otherwise, it shall be the duty of the governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be provided by law. The senate in deliberating and acting upon executive nominations may sit with closed doors.

Section 7. The governor, secretary of state, and attorney general, shall constitute a board to be known as the board of pardons. Said board, or a majority thereof, shall have power to remit fines and forfeitures, and to grant commutations and pardons after conviction and judgment, either absolutely or upon such conditions as they may impose, in all cases of offenses against the state, except treason or conviction of impeachment. The legislative assembly shall by law prescribe the sessions of said board and the manner in which application shall be made, and regulate proceedings thereon; but no fine or forfeiture shall be remitted, and no commutation or pardon granted, except by the decision of the majority of said board, after a full hearing in open session, and until previous notice of the time and place of such hearing and the release applied for, shall have been given by publication in some newspaper of general circulation at least once a week for four weeks. The proceedings and decision of the board shall be reduced to writing and with their reasons for their action in each case, and the dissent of any member who may disagree, signed by them, and filed, with all papers used upon the hearing, in the office of the secretary of state.

The governor shall have power to grant respites or reprieves in all cases of conviction for offenses against the state, except treason or conviction on impeachment, but such respites or reprieves shall not extend beyond the next session of the board of pardons; and such board shall at such session continue or determine such respite or reprieve, or they may commute or pardon the offense, as herein provided. In cases of conviction for treason the governor shall have the power to suspend the execution of the sentence until the case shall be reported to the legislative assembly at its next regular session, when the legislative assembly shall either pardon or commute the sentence, direct its execution, or grant a further reprieve. He shall communicate to the legislative assembly, at each regular session, each case of remission of fine or forfeiture, reprieve, commutation, or pardon granted since the last previous report, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of remission, commutation, pardon, or reprieve, with the reasons for granting the same, and the objections, if any, of any member of the board made thereto.

Section 8. The governor may require information in writing from the officers of the executive department upon any subject relating to the duties of their respective offices, which information shall be given upon oath whenever so required; he may also require information in writing, at any time, under oath, from all officers and managers of state institutions upon any subject relating to the condition, management and expenses of their respective offices and institutions, and may, at any time he deems it necessary, appoint a committee to investigate and report to him upon the condition of any executive office or state institution. The governor shall, at the commencement of each session, and from time to time, by message, give to the legislative assembly such measures as he shall deem expedient. He shall also send to the legislative assembly a statement, with vouchers, of the expenditures of all moneys belonging to the state and paid out by him. He shall also at the commencement of each session present estimates of the amount of money required to be raised by taxation for all purposes of the state.

Section 9. The governor may, on extraordinary occasions, convene the legislative assembly by proclamation, stating the purposes for which he has convened it, but when so convened it shall have no power to legislate on any subjects other than those specified in the proclamation, but may provide for the expenses of the session and other matters incidental thereto. He may also, by proclamation, convene the senate in extraordinary session for the transaction of executive business.

Section 10. Every bill passed by the legislative assembly shall, before it becomes a law, be presented to the governor. If he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it, with his objections, to the house in which it originated, which house shall enter the objections at large upon its journal, and proceed to reconsider the bill. If then two-thirds of the members present agree to pass the same, it shall be sent together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by two-thirds of the members present in that house, it shall become a law, notwithstanding the objections of the governor. In all such cases the vote of each house shall be determined by yeas and noes, to the be entered on the journal. Any bill which shall not be returned by the governor to the legislative assembly within ten days, Sundays excepted, after it shall have been presented to him, shall become a law in like manner as if he had signed it, unless the legislative assembly shall, by adjournment, prevent its return, in which case it shall be filed, with his objections, in the office of the secretary of state within ten days after such adjournment, Sundays excepted, or become a law.

Section 11. The governor shall have power to disapprove any item or items of any bill making appropriations of money, embracing distinct items, and the part or parts approved shall become law; and the item or items disapproved shall be void, unless enacted in the manner following: If the legislative assembly be in session, he shall within five days, transmit to the house within which the bill originated, a copy of the item or items thereof disapproved, together with his objections thereto, and the items objected to shall be separately reconsidered, and each item shall then take the same course as prescribed for the passage of bills over the executive veto.

Section 12. In case of failure to qualify, the impeachment of conviction of felony or other infamous crime, of the governor, or his death, removal from office, treason, resignation, absence from the state, or inability to discharge the powers and duties of his office, the powers, duties, and emoluments of the office for the residue of the term, or until the disability shall cease, shall devolve upon the lieutenant governor.

Section 13. The lieutenant governor shall be president of the senate, but shall vote only when the senate is equally divided. In case of the absence or disqualification of the lieutenant governor, from any cause which applies to the governor, or when he shall hold the office of governor, then the president pro tempore of the senate shall perform the duties of the lieutenant governor until the vacancy is filled or the disability removed.

Section 14. In case of the failure to qualify in his office, death, resignation, absence from the state, impeachment, conviction of treason, felony or other infamous crime, or disqualification from any cause, of both the governor and lieutenant governor, the duties of the governor shall devolve upon the president of the senate pro tempore, until such disqualification of either the governor or lieutenant governor be removed, or the vacancy filled; and if the president of the senate, for any of the above named causes, shall become incapable of performing the duties of governor, the same shall devolve upon the speaker of the house.

Section 15. There shall be a seal of this state, which shall be kept by the secretary of state and used by him officially, and shall be called “THE GREAT SEAL OF THE STATE OF IDAHO.” The seal of the territory of Idaho as now used shall be the seal of the state until otherwise provided by law.

Section 16. All grants and permissions shall be in the name and by the authority of the State of Idaho, sealed with the great seal of the state, signed by the governor, and counter-signed by the secretary of state.

Section 17. An account shall be kept by the officers of the executive department, and of all public institutions of the state, of all moneys received by them severally, from all sources, and for every service performed, and of all moneys disbursed by them severally, and a semi annual report thereof shall be made to the governor, under oath; they shall also, at least twenty days preceding each regular session of the legislative assembly, make full and complete reports of their official transactions to the governor, who shall transmit the same to the legislative assembly.

Section 18. The governor, secretary of state, and attorney general shall constitute a board of state prison commissioners, which board shall have such supervision of all matters connected with the state prison as may be prescribed by law. They shall also constitute a board of examiners, with power to examine all claims against the state, except salaries or compensation of officers fixed by law. And no claim against the state, except salaries and compensation of officers fixed by law, shall be passed upon by the legislative assembly without first having been considered and acted upon by said board.

Section 19. The governor, lieutenant governor, secretary of state, state auditor, state treasurer, attorney general, superintendent of public instruction, justices of the Supreme Court, district judges, district attorney and clerk of the Supreme Court shall receive compensation for their services as follows: governor, Twenty-five hundred dollars per annum: Lieutenant Governor, shall receive the same compensation as may be provided by law for the speaker of the legislature, to be allowed only during the session of the legislature: Secretary of State, eighteen hundred dollars per annum: State Auditor Eighteen hundred dollars per annum: State Treasurer, fifteen hundred dollars per annum: Attorney General, fifteen hundred dollars per annum: Superintendent of Public Instruction, fifteen hundred dollars per annum: Justices of the Supreme Court, three thousand dollars each per annum: District Judges each, three thousand dollars per annum: District Attorneys each three thousand dollars per annum: Clerk of the Supreme Court shall have such compensation for his services as may be fixed by law. No officer mentioned in this section shall be eligible to, or hold, any other public office, except regents of the state university, during his term of office. The Legislative may by law diminish or increase the compensation of any as all of the offices named in this section, but no diminutive or increase shall effect the compensation of the officers then in office during his term; Provided, however, the legislature may provide for the payment of the actual expense of the Governor, Secretary of State, Attorney General and Superintendent of Public Instruction increase while in the performance of official duty.