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129
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 con-
stitutionally 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 for Governor, one of them shall be
chosen Governor 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 legali-
ty of votes therein 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 General 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 confined to the
persons having an equal number, and if the vote should
again be equal, then the election for Governor shall be deter-
mined 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 ten years a citizen of the United States, and for five
years next preceding hia election a resident of the State.
Sec. 6. In case of the death or resignation of the Governor,
or of his removal from the State, the General Assembly, if
in session, or if not, at their next session, shall elect some
other qualified person to be Governor for the residue of the
term for which the said Governor had been elected.
Sec. 7. In case of any vacancy in the office of Governor
during the recess or the Legislature, the President of the
Senate shall discharge the duties of said office until a Gov-
ernor is elected, as herein provided for, and in case of the
death or resignation of said President, or of his removal from
the State, or of his refusal to serve, then the duties of said
office shall in like manner, and for the same interval, devolve
upon the Speaker of the House of Delegates, and the Legis-
lature may provide by law for the impeachment of the Gov-
ernor, and in case of his conviction or his inability, may de-
clare what person shall perform the executive duties; and for
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