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Session Laws, 1969
Volume 692, Page 1691   View pdf image
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MARVIN MANDEL, Governor                        1691

SEMBLY INTO JOINT SESSION. The resolution, if adopted, shall
be delivered to the Court of Appeals, which then shall have exclusive
jurisdiction to determine whether that officer is unable by reason of
the disability to perform the duties of his office. If the Court of
Appeals determines that such officer is unable to discharge the duties
of his office by reason of a
PERMANENT disability, the office shall
be vacant.
IF THE COURT OF APPEALS DETERMINES THAT
SUCH OFFICER IS UNABLE TO DISCHARGE THE DUTIES OF
HIS OFFICE BY REASON OF A TEMPORARY DISABILITY, IT
SHALL DECLARE THE OFFICE TO BE VACANT DURING
THE TIME OF THE DISABILITY AND THE COURT SHALL
HAVE CONTINUING JURISDICTION TO DETERMINE WHEN
THE DISABILITY HAS TERMINATED. If the General Assembly
and the Court of Appeals, acting in the same manner as described
above, determine that the Governor-elect or Lieutenant Governor-
elect is unable by reason of physical or mental disability to perform
the duties of the office to which he has been elected, he shall be dis-
qualified to assume office.

(d)   When a vacancy occurs in the office of Governor, the Lieu-
tenant Governor shall succeed to that office for the remainder of the
term. When a vacancy occurs in the office of Lieutenant Governor,
the Governor shall nominate a person who shall succeed to thai office
upon confirmation by the affirmative vote of a majority of all mem-
bers of the General Assembly in joint session.

(e)  If vacancies in the offices of Governor and Lieutenant Gover-
nor exist at the same time, the General Assembly shall convene forth-
with, and the office of Governor shall be filled for the remainder of
the term by the affirmative vote of a majority of all members of the
General Assembly in joint session. The person so chosen as Governor
by the General Assembly shall then nominate a person to succeed to
the office of Lieutenant Governor, upon confirmation by the affirma-
tive vote of a majority of all members of the General Assembly in
the same joint session. The president of the Senate shall serve as
acting Governor until the newly elected Governor has qualified. If a
vacancy exists in the office of Lieutenant Governor, at a time when
the Lieutenant Governor is authorized to serve as acting Governor,
the president of the Senate shall serve as acting Governor. If there
is a vacancy in the office of the president of the Senate at a time
when he is authorized to serve as acting Governor, the Senate shall
forthwith convene and fill the vacancy.

(f)   When the Lieutenant Governor or a person elected by the
General Assembly succeeds to the office of Governor, he shall have
the title, powers, duties, and emoluments of that office; but when
the Lieutenant Governor or the president of the Senate serves as
acting Governor, he shall have only the powers and duties of that
office. When the president of the Senate serves as acting Governor,
he shall continue to be president of the Senate, but his duties as
presi