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PROPOSED CONSTITUTION OF 1968
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CONSTITUTION OF 1867
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Section 4.07. Lieutenant Governor as Acting
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Governor.
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The lieutenant governor shall serve as act-
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ing governor when notified in writing by the
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governor that the governor will be temporar-
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ily unable to perform the duties of his office.
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The lieutenant governor also shall serve as
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acting governor when the governor is dis-
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abled but is unable to communicate to the
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lieutenant governor the fact of his inability
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to perform the duties 'of his office. In either
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event the lieutenant governor shall serve as
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acting governor until notified in writing by
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the governor that he is able to resume the
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duties of his office or until the office becomes
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vacant.
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Section 4.08. Vacancy by Reason of Disabili-
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ty.
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The General Assembly, by the affirmative
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vote of three-fifths of all its members in joint
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session, may adopt a resolution declaring
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that the governor or lieutenant governor is
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unable by reason of physical or mental disa-
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bility to perform the duties of his office. The
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resolution, if adopted, shall be delivered to
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the Court of Appeals, which then shall have
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exclusive jurisdiction to determine whether
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that officer is unable by reason of the disabil-
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ity to perform the duties of his office. If the
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Court of Appeals determines that such officer
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is unable to discharge the duties of his office
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by reason of a disability, the office shall be
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vacant. If the General Assembly and the
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Court of Appeals, acting in the same manner
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as described above, determine that the gover-
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nor-elect or lieutenant governor-elect is un-
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able by reason of physical or mental disabili-
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ty to perform the duties of the office to
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which he has been elected, he shall be dis-
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qualified to assume office.
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Section 4.09. Succession to Offices of Gover-
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Sec. 6. In case of the death, resignation,
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nor and Lieutenant Governor.
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removal from the State, or other disquali-
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When a vacancy occurs in the office of
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fication of the Governor, the General
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governor, the lieutenant governor shall suc-
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Assembly, if in session with a quorum
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ceed to that office for the remainder of the
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present, or if not, at its next session with
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term. When a vacancy occurs in the office
of lieutenant governor, the governor shall
nominate a person who shall succeed to that
office upon confirmation by the affirmative
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a quorum present, shall elect some other
qualified person to be Governor for the
residue of the term for which the said
Governor had been elected.
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vote of a majority of all members of the Gen-
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Sec. 7. In case of any vacancy in the
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eral Assembly in joint session. If vacancies
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office of Governor, and until the General
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in the offices of governor and lieutenant
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Assembly meets in session with a quorum
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governor exist at the same time during the
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present and elects a Governor as provided
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first year of their term, the offices shall be
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for in Section 6, the President of the Senate,
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filled for the remainder of the term at the
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at the time such vacancy occurred, shall
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next general election and the president of
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discharge the duties of said office; and in
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