Section XIII. Execution of laws
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Duties of Governor; election procedure; tie or contest
The supreme executive power shall be vested in the Governor, who shall take care that the laws be faithfully executed; he shall be chosen on the day of the general election, by the qualified electors of the Commonwealth, at the places where they shall vote for Representatives. The returns of every election for Governor shall be sealed up and transmitted to the seat of government, directed to the President of the Senate, who shall open and publish them in the presence of the members of both Houses of the General Assembly. The person having the highest number of votes shall be Governor, but if two or more be equal and highest in votes, one of them shall be chosen Governor by the joint vote of the members of both Houses. Contested elections shall be determined by a committee, to be selected from both Houses of the General Assembly, and formed and regulated in such manner as shall be directed by law.
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All impeachments shall be tried by the Senate: When sitting for that purpose, the Senators shall be upon oath or affirmation. No person shall be convicted without the concurrence of two thirds of the members present.
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The President and in his Absence the Vice President with the Council, five of whom shall be a quorum shall have power to appoint and Commissionate Judges, Naval Officers Judge of the Admiralty, Attorney General and all other Officers Civil and Military. Except such as are chosen by the General Assembly or the People agreeable to this Frame of Government and the Laws that may be made hereafter, and shall supply every vacancy in any office occasioned by Death, Resignation, Removal or Disqualification until the office can be filled in the time and manner directed by Law or this Constitution. They are to correspond with other States, and transact Business with the Officers of Government civil and military, and to prepare such Business as may appear to them necessary to lay before the General Assembly. They shall sit as Judges to hear and determine on Impeachments, taking to their Assistance for Advice only the Justices of the Supreme Court, and shall have power to grant pardons and remit fines, in all cases whatsoever except in cases of Impeachments; and in cases of Treason and Murder, shall have power to grant Reprieves, but not to pardon, until the End of the next Sessions of Assembly, But there shall be no remission or Mitigation of Punishments on Impeachments except by Act of the Legislature; They are also to take care that the Laws be faithfully executed, They are to expedite the Execution of such measures as may be Resolved upon by the General Assembly; And they may draw upon the Treasury for such Sums as shall be appropriated by the House. They may also lay Embargoes or prohibit the Exportation of any Commodity for any time not exceeding thirty days in the recess of the House only. They may grant such Licences as shall be directed by Law. And shall have power to call together the General Assembly when necessary, before the day to which they shall stand adjourned. The President shall be commander in Chief of the Forces of the State, but shall not Command in person, except advised thereto by the Council, and then only so long as they shall approve thereof. The President and Council shall have a Secretary and keep fair Books of their proceedings, wherein any Counsellor may enter his Dissent, with his reasons in support of it.
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