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Delegates. Every election of
Governor by the General
Assembly shall be deter-
mined by a joint majority
of the Senate and House of
Delegates; 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
number; and if the vote
should again be equal, then
the election of Governor
shall be determined by lot
between those, who shall
have the highest and an
equal number on the first
vote.
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House of Delegates. Every
election of Governor by the
General Assembly shall be
determined by a joint ma-
jority of the Senate and
House of Delegates; 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 con-
fined to the persons having
an equal number; and if the
vote should again be equal,
then the election of Gov-
ernor shall be determined by
lot between those, who shall
have the highest and an
equal number on the first
vote.
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election of Governor by the
General Assembly shall be
determined by a joint ma-
jority of the Senate and
House of Delegates, 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 con-
fined to the persons having
an equal number; and if the
votes should be again equal,
then the election of Gov-
ernor shall be determined by
lot between those who shall
have the highest and an
equal number on the first
vote.
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election of Governor, by the
Legislature, shall be deter-
mined by a joint majority of
the Senate and House of
Delegates, 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
number; and if the votes
should again be equal, then
the election of Governor
shall be determined by lot
between those who shall
have the highest and an
equal number on the first
vote.
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if two or more shall have an
equal number of ballots in
their favour, by which the
choice shall not be deter-
mined on the first ballot,
then a second ballot shall be
taken, which shall be con-
fined to the persons, who on
the first ballot shall have had
an equal number; and if the
ballots should again be equal
between two or more per-
sons, then the election of the
governor shall be determined
by lot, between those who
have equal numbers; and if
the person chosen governor
shall die, resign, remove out
of the State, or refuse to act
(sitting the general assem-
bly) the senate and house
of delegates shall immedi-
ately thereupon proceed to
a new choice in manner
aforesaid.
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Delegates, upon joint ballot,
shall determine which one
of them shall be Governor,
and the one which, upon
counting the ballots, shall
lave the highest number of
votes shall be Governor and
shall qualify accordingly.
Proposed by Act of 1846,
chapter 342. Ratified 1847.
Sec. 3. Excepting the cases
hereinafter provided, the
Chancellor shall decide all
questions in relation to the
number, and legality of the
votes, given for each and
every person voted for as
governor, and in relation to
the returns, and in relation
to the qualification of per-
sons, voted for as Governor.
Sec. 4. In case two or
more persons, legally quali-
fied, according to the pro-
visions of the constitution of
this State, shall have an
equal number of legal votes,
than and in that case, the
Chancellor shall communi-
cate the fact, within ten days
after the reception of the
election returns, of the State,
in writing to the then Gov-
ernor, whose duty it shall be,
and who is hereby author-
ized, and directed, to con-
vene, by proclamation, upon
reasonable notice, the Gen-
eral Assembly, before whom
the Chancellor shall forth-
with lay all the election re-
turns, and the Senate, and
House of Delegates, upon
joint ballot, shall determine
which one of them shall be
Governor, and the one
which, upon counting the
ballots, shall have the high-
est number of votes, shall be
Governor, and shall qualify
as such.
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