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PROPOSED CONSTITUTION OF 1968
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CONSTITUTION OF 1867
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the Senate shall serve as acting governor until
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case there be no President of the Senate or
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the newly elected governor has qualified. If
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in the case of his refusal to serve, and
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vacancies in the offices of governor and lieu-
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in the case of his death, resignation, removal
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tenant governor exist at the same time after
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from the State, or other disqualification
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the first year of their term, the president of
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while discharging the duties of said office
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the Senate shall succeed to the office of gov-
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of Governor, then the duties of said office
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ernor for the remainder of the term. If a
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shall, in like manner and for the same
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vacancy exists in the office of lieutenant
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interval, devolve upon the Speaker of the
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governor, at a time when the lieutenant gov-
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House of Delegates, at the time such vacancy
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ernor is authorized to serve as acting gover-
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occurred; and in case there be no Speaker
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nor, the president of the Senate shall serve
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of the House of Delegates or in the case
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as acting governor. If there is a vacancy in
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of his refusal to serve, and in the case
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the office of the president of the Senate at
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of his death, resignation, removal from the
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a time when he is authorized to succeed to
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State, or other disqualification while dis-
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the office of governor or is authorized to serve
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charging the duties of said office of Gov-
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as acting governor, the Senate shall convene
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ernor, then the duties of said office shall,
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and fill the vacancy.
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in like manner and for the same interval,
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devolve upon the Comptroller of the State,
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at the time such vacancy occurred; and in
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case there be no Comptroller of the State,
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or in the case of his refusal to serve, and
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in the case of his death, resignation, re-
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moval from the State or other disqualifica-
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tion while discharging the duties of said
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office of Governor, then the duties of said
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office shall, in like manner and for the
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same interval, devolve upon the Attorney
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General of the State, at the time such
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vacancy occurred. And the Legislature may
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provide by Law, for the impeachment of the
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Governor; and in case of his conviction,
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or his inability, may declare what person
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shall perform the Executive duties; and for
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any vacancy in said office not herein pro-
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vided for, provision may be made by Law;
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and if such vacancy should occur without
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such provision being made, the Legislature
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shall be convened by the Secretary of State,
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for the purpose of filling said vacancy.
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Section 4.10. Powers and Duties of Succes-
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See Art. H, sec. 7 at Section 4.09 for
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sor.
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powers and duties of successor.
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When the lieutenant governor or the presi-
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dent of the Senate succeeds to the office of
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governor, he shall have the title, powers, du-
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ties, and emoluments of that office; but when
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the lieutenant governor or the president of
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the Senate serves as acting governor, he shall
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have only the powers and duties of that of-
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fice. When the president of the Senate serves
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as acting governor, he shall continue to be
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president of the Senate, but his duties as
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president shall be performed by such other
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person as the Senate shall select.
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Section 4.11. Adjudication of Disputes.
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The Court of Appeals shall have original
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and exclusive jurisdiction to adjudicate dis-
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