464 ADDRESSES AND STATE PAPERS
1. A large number of Democrats were strongly motivated to leave
their party and vote for the Republican or Independent candidate; 2)
this disaffection only occurred at the top of the ticket and the General
Assembly remained dominated by the majority party; 3) a General
Assembly authorized to resolve the tie vote would vote fairly close
to party lines. With these assumptions, it is relatively easy to con-
clude that the Democratic party's candidate would win, thus obviating
a large segment of democratic votes cast in the gubernatorial election
and circumventing if not denying the will of the majority of the
electorate.
Therefore, I urge you to make the provision for a runoff election
in the case of a tie vote in a gubernatorial election in order to guar-
antee the voters' mandate.
Section 4. 06 Failure of a Governor to Take Office
I support this measure and, in so doing, re-emphasize the impor-
tance of the role of the Lieutenant Governor. For in this instance we
can see that the Lieutenant Governor might be expected to carry
out the duties, responsibilities and obligations of the Governor for
a full term.
Section 4. 08 Legislative Determination of Disability
The descriptive title of this section would be more appropriate as
"Legislative Allegation of Disability, " or "Legislative Resolution of
Disability. "
Clarification and further protection for all parties can be gained
by drawing a closer, more precise relationship between the provisions
of Section 4. 07 and 4. 08. This can be achieved through an amendment
to the first sentence so that it would read: "The General Assembly
may, by the affirmative vote in joint session of a three-fifths majority
of the combined membership of both houses, pass a resolution stating
that the Governor is unable to carry out the duties of his office by
reason of a physical or mental disability and has not removed himself
from office in accordance with the provisions of Section 4. 07. " With-
out the clarification it would be possible for the Legislature to pass
a resolution of disability and for the Supreme Court to declare the
office of Governor vacant, even where the Lieutenant Governor is
serving as Acting Governor because the Governor has removed him-
self under Section 4. 07.
Section 4. 10 Succession to the Office of Governor
If a vacancy occurs in the office of the Governor and a vacancy
exists in the office of Lieutenant Governor, I believe the Senate should
|