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CONSTITUTION OF 1867
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PROPOSED CONSTITUTION OF 1968
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become governor for the full term. If the
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governor-elect fails to assume office for any
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other reason, the newly elected lieutenant
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governor shall become lieutenant governor
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and shall serve as acting governor until the
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governor-elect assumes office or until the
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office becomes vacant.
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Section 4.07. Lieutenant Governor as Acting
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1
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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 4.11. 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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putes or questions arising from the failure of
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the governor-elect to take office, or the
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service of the lieutenant governor or presi-
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dent of the Senate as acting governor, or the
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creation of a vacancy in the office of gover-
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nor or lieutenant governor by reason of disa-
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