Section 38. Vacancies in office
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Vacancies in office; continuity of government in emergencies
The legislature may provide by law the cases in which any office shall be deemed vacant and the manner of filling vacancies, where no provision is made in the constitution.
The legislature, in addition to and not in derogation of the power heretofore conferred in section 5 of this article XVI, in order to insure continuity of state and local governmental operations in periods of emergency only resulting from disasters occurring in this state caused by enemy attack on the United States shall have the power to such extent as the legislature deems advisable (1) to provide by legislative enactment for prompt and temporary succession to the powers and duties of public offices, of whatever nature and whether filled by election or appointment, the incumbents of which may become unavailable for carrying on the powers and duties of such offices, and (2) to adopt by legislative enactment such other legislation as may be necessary and proper for insuring the continuity of governmental operations. Notwithstanding the power conferred by this amendment elections shall always be called as soon as possible to fill any elective vacancies in any office temporarily occupied by operation of any legislation enacted pursuant to the provisions of this paragraph.
Vacancies in office; continuity of government in emergencies
The legislature may provide by law the cases in which any office shall be deemed vacant and the manner of filling vacancies, where no provision is made in the constitution.
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