ARTICLE II.
EXECUTIVE DEPARTMENT.
Section 1. The executive power of the State
shall be vested in a governor, whose term of
office shall commence on the second Wednes-
day of January next ensuing his election, and
continue for four years, and until his succes-
sor shall have qualified, but the governor
chosen at the first election under this consti-
tution 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 said in-
cumbent.
Sec. 2. An election for governor under
this constitution shall be held on the Tues-
day next after the first Monday of Novem-
ber, in the year eighteen hundred and sixty
four, and on the same day and month in
every fourth year thereafter, at the places
for voting tor delegates to the general assem-
bly, 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 ad-
dressed to the speaker of the house of dele-
gales, and enclosed and transmitted to the
secretary of State, and delivered to the said
speaker at the commencement of the session
of the general assembly next ensuing said
election.
Sec. 3. The speaker of the house of dele-
gates shall then open the said returns in the
presence of both houses, and the person hav-
ing the highest number of votes, and being
constitutionally eligible, shall be the gov-
ernor, and shall qualify in the manner herein
prescribed, on the second Wednesday of Jan-
nary 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,
one of them shall be chosen governor by the
senate and house of delegates; and all ques-
tions 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 dele-
gates, 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 num-
ber; and if the votes should be again 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.
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 five
years a citizen of the United States, and for
five years next preceding his election a resi-
dent of the State.
Sec. 6. A lieutenant governor shall be
chosen at every regular election for governor.
He shall continue in office for the same time,
shall be elected in the same manner, and
shall possess the same qualifications as the
governor, in voting for governor and lieu-
tenant. governor, the electors shall state for
whom they vote as governor, and for whom
as lieutenant governor.
Sec. 7. The lieutenant governor shall, by
virtue of his office, be president of the senate,
and whenever the senate are equally divided,
shall have the right to give the casting
vote.
Sec. 8. In case of the death, resignation,
removal from the State, or other disqualifica-
tion of the governor, the powers, duties and
emoluments of the office shall devolve upon
the lieutenant governor; and in case of his
death, resignation, removal, or other dis-
qualification, then upon the president of the
senate for the time being, until the disquali-
cation or inability shall cease, or until a new
governor shall be elected and qualified; and
tor any vacancy in said office, not herein pro-
vided for, provision may be made by law,
and if such vacancy should occur without
such provision being made, the general as-
sembly shall be convened by the secretary of
State for the purpose of filling said vacancy.
Sec. 9. Whenever the office of governor
shall be administered by the lieutenant gov-
ernor, or he shall be unable to attend as
president of the senate, the senate shall elect
one of its own members as president, pro
tempore.
See. 10. The lieutenant governor, while he
acts as president of the senate, shall receive
for his sea-vices the same compensation which
shall for the same period be allowed to the
speaker of the house of delegates, and no
more.
Sec. 11. The governor shall be commander-
in-chief of the land and naval forces of the
State, and may call out the militia to repel
invasions, suppress insurrections, and enforce
the execution of the laws; but shall not take
the command in person without the consent
of the general assembly.
Sec. 12. He shall take care that the laws
be faithfully executed.
Sec. 13. He shall nominate, and by and
with the advice and consent of the senate,
appoint all civil and military officers of the
State, whose appointment or election is not
otherwise herein provided for, unless a dif-
ferent mode of appointment be prescribed by
the law creating the office. |
