Section 5.302. Governor's
Upon transmission to the
Legislature of a declaration signed by the Lieutenant Governor and a majority of
the directors of the Executive's principal departments that the Governor has a
disability which prevents his exercising and discharging the powers and duties
of office, the Lieutenant Governor assumes the powers and duties of the office
of the Governor in an acting capacity. Upon the Governor's subsequent
transmission to the Legislature of a written declaration that the disability
does not exist, he reassumes the powers and duties of the office of Governor.
If within forty-eight hours of the Governor's reassumption of office the
Lieutenant Governor and a majority of the directors of the principal departments
of the Executive transmit to the Legislature their signed written declaration
that the Governor's disability continues, the Legislature assembles in special
session at the call of the Speaker within forty-eight hours of receipt of the
latter declaration to decide the issue of disability. If within twelve
days following receipt of the latter declaration the Legislature determines by
two-thirds vote of the Senators that the disability exists, the Lieutenant
Governor assumes the office of Governor in an acting capacity. If the
Lieutenant Governor has served as acting Governor for a consecutive period of
four months or a cumulative period of ten months because of the Governor's
disability, the office becomes vacant by operation of law and the Lieutenant
Governor becomes Governor.
Section 5.303. Governor's and Lieutenant Governor's simultaneous absence,
inability or disability.
If the Governor and
Lieutenant Governor are simultaneously absent from the State, are otherwise
simultaneously unable to exercise and discharge the powers and duties of the
office of Governor, or simultaneously have disabilities, the Governor appoints a
director of a principal department who is able and has the qualifications for
the Governorship to exercise and discharge the powers and duties of the Governor
in an acting capacity. If the Governor does not promptly appoint a director, the
Speaker makes the appointment.
Section 5.304. Simultaneous vacancies in offices of
Governor and Lieutenant Governor.
If the offices of both
the Governor and Lieutenant Governor become vacant, the Election Commission
calls a special election to fill the vacancy. Until an election of a Governor,
the Speaker exercises and discharges the powers and duties of the office of
Governor in an acting capacity, temporarily vacating his seat in the
Section 5.305. Vacancy in office of Lieutenant Governor.
If a vacancy in the
office of Lieutenant Governor occurs with less than one year remaining in the
unexpired term of the Lieutenant Governor, the Governor nominates a person to
the office of Lieutenant Governor who takes office upon appointment by the
Governor following consent given by a majority vote of the Senators. If a
vacancy occurs with one year or more remaining in an unexpired term, a special
election fills the vacancy.