determined by lot between those sets, who shall have the
highest and an equal number on the first vote.

34
SEC. 5." A person to be eligible for the office of

Governor or Lieutenant Governor must have attained the
age of thirty years, and must have been a resident and
registered voter of the State for five years next immediately
preceding his election.

SEC. 6. (a) If the Governor-elect is disqualified,
resigns, or dies, the Lieutenant Governor-elect shall be-
come Governor for the full term. If the Governor-elect
fails to assume office for any other reason, the newly
elected Lieutenant Governor shall become Lieutenant
Governor and shall serve as acting Governor until the
Governor-elect assumes office or until the office becomes
vacant.

(b) The Lieutenant Governor shall serve as acting
Governor when notified in writing by the Governor that
the Governor will be temporarily unable to perform the
duties of his office. The Lieutenant Governor also shall
serve as acting Governor when the Governor is disabled
but is unable to communicate to the Lieutenant Governor
the fact of his inability to perform the duties of his office.
In either event the Lieutenant Governor shall serve as
acting Governor until notified in writing by the Governor
that he is able to resume the duties of his office or until
the office becomes vacant.

(c) The General Assembly, by die affirmative vote of
three-fifths of all its members in joint session, may adopt
a resolution declaring that the Governor or Lieutenant
Governor is unable by reason of physical or mental disabil-
ity to perform the duties of his office. When action is
undertaken pursuant to this subsection of the Constitu-
tion, the officer who concludes that the other officer is
unable, by reason of disability to perform the duties of his
office shall have the power to call the General Assembly
into Joint Session. The resolution, if adopted, shall be
delivered to the Court of Appeals, which then shall have
exclusive jurisdiction to determine whether that officer is
unable by reason of the disability to perform the duties of
his office. If the Court of Appeals determines that such
officer is unable to discharge die duties of his office by
reason of a permanent disability, the office shall be vacant.
If the Court of Appeals determines that such officer is
unable to discharge the duties of his office by reason of a
temporary disability, it shall declare the office to be vacant
during the time of the disability and the Court shall have
continuing jurisdiction to determine when the disability
has terminated. If the General Assembly and the Court of
Appeals, acting in the same manner as described above,
determine that the Governor-elect or Lieutenant Gover-
nor-elect is unable by reason of physical or mental disabil-
ity to perform the duties of the office to which he has been
elected, he shall be disqualified to assume office.

(d) When a vacancy occurs in the office of Governor,
the Lieutenant Governor shall succeed to that office for
the remainder of the term. When a vacancy occurs in the
office of Lieutenant Governor, the Governor shall nomi-
nate a person who shall succeed to that office upon
confirmation by the affirmative vote of a majority of all
members of the General Assembly in joint session.

(e) If vacancies in the offices of Governor and Lieutenant
Governor exist at the same time, the General Assembly shall
convene forthwith, and the office of Governor shall be filled
for the remainder of the term by the affirmative vote of a
majority of all members of the General Assembly in joint
session. The person so chosen as Governor by the General
Assembly shall then nominate a person to succeed to the
office of Lieutenant Governor, upon confirmation by the
affirmative vote of a majority of all members of the General
Assembly in the same joint session. The President of the
Senate shall serve as acting Governor until the newly elected
Governor has qualified. If a vacancy exists in the office of
Lieutenant Governor, at a time when the Lieutenant Gov-
ernor is authorized to serve as acting Governor, the Presi-
dent of the Senate shall serve as acting Governor. If there is
a vacancy in the office of the President of the Senate at a time
when he is authorized to serve as acting Governor, the
Senate shall forthwith convene and fill the vacancy.

(f) When the Lieutenant Governor or a person elected
by the General Assembly succeeds to rhc office of Gover-
nor, he shall have the title, powers, duties, and emolu-
ments of that office; but when the Lieutenant Governor
or the president of the Senate serves as acting Governor,
he shall have only the powers and duties of that office.
When the President of the Senate serves as acting Gover-
nor, he shall continue to be President of the Senate, but
his duties as president shall be performed by such other
person as the Senate shall select.

(g) The Court of Appeals shall have original and
exclusive jurisdiction to adjudicate disputes or questions
arising from the failure of the Governor-elect to take
office, or the service of the Lieutenant Governor or Presi-
dent of the Senate as acting Governor, or the creation of
a vacancy in the office of Governor or Lieutenant Gover-
nor by reason of disability, or the succession to the office
of Governor or Lieutenant Governor, or the exercise of
the powers and duties of a successor to the office of
Governor.

SEC. 7.' The Legislature may provide bv law, not
inconsistent with Section 26 of Article III of this Consti-
tution, for the impeachment of the Governor and Lieu-
tenant Governor.

SEC. 7A.³⁷ Vacant.

SEC. 8. The Governor shall be the Conimander-in-
Chiefofthe 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 Legis-
lature.

SEC. 9. He shall take care that the Laws are faithfully
executed.

SEC. 10, 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 different mode of
appointment be prescribed by the Law creating the office.

20

SEC. 11. In case of any vacancy, during the recess of
the Senate, in any office which the Governor lias power to
fill, he shall appoint some suitable person to said office,