Article VI.
Executive Department

Section 17. Same; line of succession and order of precedence

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Succession to governorship. Death of governor-elect. Duration of successor's term as governor. Determination of inability

In case of the conviction of the governor on impeachment, his removal from office, his resignation or his death, the lieutenant governor, the elected secretary of state, the elected attorney general and such other persons designated by law shall in that order be governor for the remainder of the governor’s term.

Death of governor-elect

In case of the death of the governor-elect, the lieutenant governor-elect, the secretary of state-elect, the attorney general-elect and such other persons designated by law shall become governor in that order at the commencement of the governor-elect's term.

Duration of successor’s term as governor

If the governor or the person in line of succession to serve as governor is absent from the state, or suffering under an inability, the powers and duties of the office of governor shall devolve in order of precedence until the absence or inability giving rise to the devolution of powers ceases.

Determination of inability

The inability of the governor or person acting as governor shall be determined by a majority of the supreme court on joint request of the president pro tempore of the senate and the speaker of the house of representatives. Such determination shall be final and conclusive. The supreme court shall upon its own initiative determine if and when the inability ceases.

This item is based on 2 items:

1909 Article VI. Section 16

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1909 Article VI. Section 17

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Same; line of succession and order of precedence

After the lieutenant governor, the line of succession and order to precedence of state officers, who shall act as governor, shall be secretary of state, attorney general, state treasurer and auditor general, and during a vacancy in the office of governor, if the lieutenant governor or any state office or officers in this line of succession die, resign, be impeached, displaced, be incapable of performing the duties of office, or be absent from the state, leaving no state officer prior in the line of succession to fill the office of governor, the state officer next in line of succession shall act as governor during the residue of his term or until the absence or disability giving rise to the succession ceases.

In case of the death of the lieutenant governor-elect or any state officer or officer-elect in this line of succession before taking and subscribing to the constitutional oath of office, or before entering upon the duties of office, leaving no state officer-elect prior in line of succession to fill the office of governor, the powers and duties of the office of governor shall devolve upon the state officer-elect next in line on the commencement of his term of office.

Same; line of succession and order of precedence

During a vacancy in the office of governor, if the lieutenant governor die, resign, or be impeached, displaced, be incapable or performing the duties of his office, or absent from the state, the secretary of state shall act as governor until the vacancy be filled or the disability cease.

President pro tempore of senate

During a vacancy in the office of Governor, if the Lieutenant Governor die, resign, or be impeached, displaced, be incapable of performing the duties of his office, or absent from the State, the President pro tempore of the Senate shall act as Governor, until the vacancy be filled, or the disability cease.

Same; devolution on president pro tempore of senate

If, during the vacancy of the office of the governor, the lieutenant governor shall be impeached, displaced, resign, die or be absent from the state, the president of the senate, pro tempore, shall act as governor, until the vacancy be filled.

Redlined Comparison between 1850 and 1909 Amendment

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