CONSTITUTIONAL CONVENTION SEMINAR 311
party. Yet section 13a of Article III of the Constitution requires the
Governor to fill vacancies in the House of Delegates or Senate from
lists submitted by the State Central Committee of the political party
with which the Delegates or Senators so vacating had been affiliated.
While we are touching the subject of filling vacancies, it is inter-
esting to note that under Article V of the Constitution a vacancy in
the office of Attorney General is filled by the Governor; whereas, under
Article VI a vacancy in either the office of Comptroller or State Treas-
urer is filled by the Governor, with advice and consent of the Senate.
No ratification is required for an interim appointment to Attorney
General and, incidentally, I assume that there is no party restriction
there either. But ratification is required for an interim appointment
to Comptroller or Treasurer.
Some of the gubernatorial duties enumerated in Article II of the
Constitution are:
1. To be commander-in-chief of the military forces in the State —
but not to take command in person without the consent of the Legis-
lature; to call out the militia to repress invasions, suppress insurrec-
tions, and enforce the execution of the law.
2. To make and appoint, with the advice and consent of the Sen-
ate, all civil and military officers of the State — unless a different
method of appointment is prescribed by law. These nominations must
be made within 30 days from the commencement of the regular legis-
lative session. Appointments during the recess of the Senate are to
continue in force until the end of the next legislative session or until
some other person is appointed to the same office, whichever first oc-
curs. The nomination of a person appointed during recess shall be
made to the Senate on the first day of the next regular meeting. If
the vacancy occurs while the Senate is in session, the Governor must
nominate before final adjournment unless the vacancy occurs within
10 days of that final adjournment.
3. Suspend or arrest any military officer of the State for disobedi-
ence of orders of other military officers, and to remove him pursuant
to a court martial sentence. To remove for incompetency or miscon-
duct any civil officer who received appointment for a term of years.
4. The power to convene the Legislature or the Senate alone on
extraordinary occasions; to direct the legislative sessions to be held
away from the seat of government if it becomes an unsafe place.
5. Sign those bills he approves, except for the budget bill which
requires no signature to become effective; and to veto those which he
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