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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Page 731   View pdf image (33K)
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731

sent incumbent was elected, unless the said office shall become
vacant by death, resignation, removal from the State, or other
disqualification of the said incumbent.

Sec. 2. An election for Governor under this Constitu-
tion, shall be held on the Tuesday next after the first Monday
of November, in the year eighteen hundred and sixty-four,
and on the same day and month in every fourth year there-
after, at the places of voting for Delegates to the General
Assembly, and every person qualified to vote for Delegates
shall be qualified and entitled to vote for Governor; the elec-
tion to be held in the same manner as the election of Dele-
gates, and the returns thereof, under seal, to he addressed to
the Speaker of the House of Delegates, and enclosed and trans-
mitted to the Secretary of State, and delivered to the said
Speaker, at the commencement of the session of the General
Assembly next ensuing said election.

Sec. 3. The Speaker of the House of Delegates shall then
open the said returns in the presence of both Houses, and the
person having the highest number of votes, and being Consti-
tutionally eligible, shall be the Governor, and shall qualify
in the manner herein prescribed, on the second Wednesday
of January next ensuing his election, or as soon thereafter as
may 'be practicable.

Sec. 4 If two or more persons shall have the highest and
an equal number of votes one of them shall be chosen Gover-
nor by the Senate and House of Delegates; and all questions
in relation to the eligibility of Governor, and to the returns
of said election, and to the number and legality of votes there-
in given, shall be determined by the House of Delegates. And
if the person or persons, having the highest number of votes
be ineligible, the Governor shall be chosen by the Senate and
House of Delegates. Every election of Governor by the Gen-
era! Assembly, shall be determined by a joint majority of the
Senate and House of Delegates, and the vote shall be taken,
viva voce. But if two or more persons shall have the highest
and an equal number of votes, then a second vote shall be
taken, which shall be con fined to the persons having an equal
number; and if the votes should be again equal, then the elec-
tion of Governor shall be determined by lot between those
who shall have the highest and an equal number on the first
vote.

Sec. 5. A person to be eligible to the office of Governor,
must have attained the age of thirty years, and must have
been for five years a citizen of the United States, and
for five years next preceding his election a resident of the

State.

 

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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Page 731   View pdf image (33K)
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