Section 17. Contested elections of Governor, Lieutenant Governor and Attorney General; when succeeded

Chief Justice to preside on trial of contested election of Governor or Lieutenant Governor

The Chief Justice of the Supreme Court shall preside upon the trial of any contested election of Governor or Lieutenant Governor and shall decide questions regarding the admissibility of evidence, and shall, upon request of the committee, pronounce his opinion upon other questions of law involved in the trial. The Governor and Lieutenant Governor shall exercise the duties of their respective offices until their successors shall be duly qualified.

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.

Of the election of the Governor

The Governor shall be chosen on the second Tuesday of October, by the citizens of the commonwealth, at the places where they shall respectively vote for Representatives. The returns of every election for Governor shall be sealed up, and transmitted to the seat of government, directed to the Speaker of the Senate, who shall open and publish them in the presence of the members of both Houses of the Legislature. The person having the highest number of votes shall be Governor. But if two or more shall 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 Legislature, and formed and regulated in such manner as shall be directed by law.

For the present the Supreme Executive Council of this State shall consist of twelve persons chosen in the following manner: The Freemen of the City of Philadelphia, and of the Countys of Philadelphia, Chester and Bucks respectively shall choose by ballot one person for the City and one for each County aforesaid to serve for three years and no longer at the time and place for electing representatives in General Assembly. The Freemen of the Counties of Lancaster, York Cumberland and Berks shall in like manner elect one person for each County respectively to serve as Counsellors for two years and no longer. And the Counties of Northampton, Bedford Northumberland and Westmoreland respectively shall in like manner Elect one person for each County to serve as Counsellors for one year and no longer. And at the Expiration of the time for which each Counsellor was chosen to serve The freemen of the City of Philadelphia, and of the several Counties in this State respectively shall elect one person to serve as Counsellor for three years and no longer and so on every third year forever. by this mode of Election and Continual rotation more Men will be trained to Public Business, there will in every subsequent year be found in the Council a number of Persons acquainted with the proceedings of the foregoing Years, whereby the Business will be more consistently Conducted and moreover the danger of Establishing an inconvenient Aristocracy will be effectually prevented. All vacancies in the Council that may happen by Death, Resignation or otherwise shall be filled at the next General Election for Representatives in General Assembly, unless a particular Election for that purpose shall be sooner appointed by the President and Council. No Member of the General Assembly or Delegate in Congress shall be chosen a Member of Council. The President and Vice President shall be chosen Annually by the joint Ballot of the General Assembly and Council of the Members of the Council any person having served as a Counsellor for three successive years shall be incapable of holding that office for four Years afterwards. Every Member of the Council shall be a Justice of the Peace for the whole Common Wealth by Virtue of his Office. In case new Additional Counties shall hereafter be Erected in this State such County or Counties shall Elect a Counsellor and such County or Counties shall be annexed to the next Neighbouring Counties, and shall take rotation with such counties. The Council shall meet Annually at the same time and place with the General Assembly.

The Treasurer of the State, Trustees of the Loan Office, Naval Officers Collectors of Customs or Excise, Judge of the Admirality, Attornies General, Sheriffs and Prothonotaries, shall not be capable of a Seat in the General Assembly, Executive Council, or Continental Congress.