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Constitution of 1967-68
Volume 605, Page 17   View pdf image (33K)
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If the governor-elect f ails 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.

Section 4.07. Lieutenant Governor as Acting Governor.

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 lieu-
tenant governor also shall serve as acting governor when the
governor is disabled but is unable to communicate to the lieu-
tenant 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.

Section 4.08. Vacancy by Reason of Disability.

The General Assembly, by the affirmative vote of three-fifths
of all its members in joint session, may adopt a resolution declar-
ing that the governor or lieutenant governor is unable by reason
of physical or mental disability to perform the duties of his
office. The resolution, if adopted, shall be delivered to the Court
of Appeals, which then shall have exclusive jurisdiction to deter-
mine whether that officer is unable by reason of the disability to
perform the duties of his office. If the Court of Appeals deter-
mines that such officer is unable to discharge the duties of his
office by reason of a disability, the office shall be vacant. If the
General Assembly and the Court of Appeals, acting in the same
manner as described above, determine that the governor-elect or
lieutenant governor-elect is unable by reason of physical or mental
disability to perform the duties of the office to which he has
been elected, he shall be disqualified to assume office.

Section 4.09. Succession to Offices of Governor and Lieutenant
Governor.

When a vacancy occurs in the office of governor, the lieutenant
governor shall succeed to that office for the remainder of the

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Constitution of 1967-68
Volume 605, Page 17   View pdf image (33K)
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