Article V.
Executive Department

Section 16.

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When during a recess of the legislative assembly a vacancy occurs in any office, the appointment to which is vested in the legislative assembly, or when at any time a vacancy occurs in any other state office, or in the office of judge of any court, the governor shall fill such vacancy by appointment, which shall expire when a successor has been elected and qualified. When any vacancy occurs in any elective office of the state or of any district[,] or county [or precinct] thereof, the vacancy shall be filled at the next general election, provided such vacancy occurs more than sixty-one (61) days prior to such general election.

When during a recess of the legislative assembly a vacancy occurs in any office the appointment to which is vested in the legislative assembly, or when at any time a vacancy occurs in any other state office or in the office of judge of any court, the governor shall fill such vacancy by appointment, which shall expire when a successor has been elected and qualified. When any vacancy occurs in any elective office of the state or of any district, county or precinct thereof, the vacancy shall be filled at the next general election, provided such vacancy occurs more than twenty (20) days prior to such general election.

When during a recess of the legislative assembly a vacancy shall happen in any office, the appointment to which is vested in the legislative assembly, or when at any time a vacancy shall have occurred in any other state office, or in the office of judge of any court, the governor shall fill such vacancy by appointment, which shall expire when a successor shall have been elected and qualified; if any vacancy occur in the office of United States senator or in any elective office of the state or of any district, county or precinct thereof, the same shall be filled at the next general election, provided such vacancy occur more than twenty (20) days prior to such general election.

Governor to fill vacancies by appointment

When during a recess of the Legislative Assembly a vacancy shall happen in any office, the appointment to which is vested in the Legislative Assembly; or when, at any time, a vacancy shall have occurred in any other State Office, or in the office of Judge of any Court, the Governor shall fill such vacancy by appointment, which shall expire when a successor shall have been elected, and qualified.

Redlined Comparison between 1859 and 1994 Amendment (includes interim changes)

Removed from 1859 Added to 1994

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