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721
second Wednesday of January next ensuing his election, and
continue for four years, and until his successor shall have
qualified; but the Governor chosen at the first election under
this Constitution, shall not enter upon the discharge of the
duties of the office until the expiration of the term for which
the present 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 Constitution,
shall be held on the Tuesday next after the first Monday of
November, in the year eighteen hundred and sixty-seven, and
on the same day and month in every fourth year thereafter,
at the place of voting tor Delegates to the General Assembly ;
and every person qualified to vote for Delegates shall be
qualified and entitled to vote for Governor; the election to
be held in the same manner as the election of Delegates; and
the returns thereof, under seal, to be addressed to the Speak-
er of the House of Delegates, and enclosed and transmitted
to the Secretary of State, and delivered to 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 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
legality 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 voix, but if two or more per-
sons 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 of Governor shall be deter-
mined by lot between those who shall have the highest and
an equal number on the first vote.
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