COMMITTEE ON THE EXECUTIVE, MILITIA AND CIVIL OFFICERS APPENDIX TO PROCEEDINGS

PROPOSED REVISED CONSTITUTION OF 1944

(Agreed upon by the 168th Legislature and submitted to the electorate on November 7, 1944, and defeated)

(EXCERPTS RELATING TO ARTICLES ON EXECUTIVE AND ON PUBLIC OFFICERS AND EMPLOYEES)

Article IV&nbspEXECUTIVE

Section I

1. The executive power shall be vested in a Governor.

2. The Governor shall be not less than thirty years of age, and shall have been for twenty years, at least, a citizen of the United States, and a resident of this State seven years next before his election, unless he shall have been absent during that time on the public business of the United States or of this State.

3. No member of Congress or person holding any Federal or State office, or position, of profit shall exercise the office of Governor; and if the Governor shall become a member of Congress or shall accept any Federal or State office, or position, of profit, his office of Governor shall thereupon be vacant. No Governor shall be elected or appointed by the Legislature to any office during the term for which he shall have been elected Governor.

4. The Governor shall be elected by the legally qualified voters of this State. The person having the highest number of votes shall be the Governor; but if two or more shall be equal and highest in votes, one of them shall be elected Governor by the vote of a majority of the members of both houses in joint meeting at the regular legislative session next following the election for Governor by the people. Contested elections for the office of Governor shall be determined in such manner as may be provided by law.

5. A Governor elected for a full term shall hold his office for four years beginning at noon on the second Tuesday of January next following the election for Governor by the people and ending at noon on the second Tuesday of January four years thereafter. The Governor, when elected for any full term, shall be incapable of holding the office again until the second Tuesday of January in the fourth year after the expiration of the term.

6. In case of the death of the Governor-elect before he is qualified into office, in case of the death, resignation or removal from office of the Governor or in case of a vacancy in the office for any other cause, the powers, duties and emoluments of the office shall devolve upon the President of the Senate, and in case of his death, resignation or removal, then upon the Speaker of the General Assembly for the time being, until a Governor be elected and qualified.

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