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This section provides a procedure by
which a disabled governor may be re-
moved from office. The disability must be
established by a two-stage process. First,
the General Assembly must establish by
resolution concurred in by a three-fifths
vote of the combined membership of both
houses in joint session that the governor
is unable to carry out the duties of his
office by reason of a physical or mental
disability. This resolution is then delivered
to the Court of Appeals which then must
decide, using whatever rules the Court may
decide upon, whether or not it concurs in
the decision of the General Assembly. If
the Court of Appeals agrees with the fact-
finding of the General Assembly, the office
of governor becomes vacant.
It will be noted that section 3.12 of the
proposed legislative branch article already
agreed to in the Committee of the Whole
provides a technique through which the
General Assembly can call itself into ses-
sion. Hence, if the need arises, there will
always be a technique through which the
General Assembly can initiate the removal
procedure.
It is felt that enough safeguards have
been written into the process so that it
cannot be abused. The General Assembly
can only act by a three-fifths vote of all
members. The Court of Appeals must ratify
the General Assembly's finding of fact.
This removal procedure is intended to
coexist with the impeachment procedure
that will presumably be found alsewhere
in the Constitution. It is intended to differ
from impeachment in that it will not re-
quire any finding of misconduct, but merely
a determination that the governor is dis-
abled and therefore unable to carry out the
duties of his office. The term "disability"
is intended to mean any condition that
renders the governor unable to discharge
the duties of his office.
Section 4.09: Succession to Office of
Governor and Lieutenant Governor:
This section deals with the order of the
succession when a vacancy occurs in the
office of governor or lieutenant governor.
It deals with a series of contingencies
ranging from the not unlikely to the
remote.
The first sentence provides that the lieu-
tenant governor shall fill a vacancy in the
office of governor. The second sentence
provides that the governor shall fill a va-
cancy in the office of lieutenant governor
by nominating a successor to the General
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Assembly. He shall take office if appointed
by a majority vote of all members in joint
session.
The third and fourth sentences deal with
the less likely possibility of a coexistent va-
cancy in the office of governor and lieu-
tenant governor. The third sentence pro-
vides that if such vacancies coexist during
the first year of their terms, a new gov-
ernor and lieutenant governor shall be
elected at the next general election with the
president of the Senate acting as governor
during the interim. This guarantees to the
people the right to elect their top elective
officials if time permits.
The fourth sentence provides that if
such vacancies coexist after the first year
of their terms, the president of the Senate
succeeds to the office of governor.
Some concern was expressed about hav-
ing a legislative official in the line of suc-
cession. The Committee feels, however, that
this is the best solution. This section is so
structured that it is very unlikely that the
president of the Senate will ever have to so
serve. The president of the Senate is likely
to have extensive familiarity with the af-
fairs of the State and hence will be quali-
fied to serve. Finally, the designation of the
president of the Senate creates an open-
ended line, since the Senate will always
have a president or a means of selecting
one.
The fifth sentence provides that the pres-
ident of the Senate shall serve as acting
governor if the lieutenant governor is sup-
posed to serve but the office of lieutenant
governor is vacant. For example, this sen-
tence would apply to the following situa-
tion: the governor and lieutenant governor
take office; the lieutenant governor dies;
before the governor can appoint his suc-
cessor, the governor has a stroke and lapses
into a coma. At this point, the president of
the Senate would serve as acting governor.
The sixth sentence of this section pro-
vides a technique through which the Senate
can meet to elect a new president of the
Senate if the office is vacant when the
holder is to serve as governor or acting
governor.
Section 4.10: Powers and Duties of
Successor :
This section clarifies the distinction be-
tween succession to the office of governor
and service as acting governor. The last
sentence of the section makes clear that
when the president of the Senate serves as
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