Governor: Term of Office; Compensation and Allowances

There shallbe a Governor who shall hold office for a term of four years and until a successor shall bechosen and qualified. Persons holding the office of Governor may succeed themselves forone four-year term of office. Persons who have held the office of Governor and havesucceeded themselves as hereinbefore provided shall not again be eligible to be elected tothat office until after the expiration of four years from the conclusion of their term asGovernor. The compensation and allowances of the Governor shall be as provided by law.^[1]

Election for Governor

An election for Governor shall be held onTuesday after the first Monday in November of 1986, and the Governor-elect shall beinstalled in office at the next session of the General Assembly. An election for Governorshall take place quadrennially thereafter on said date unless another date be fixed by theGeneral Assembly. Said election shall be held at the places of holding general elections inthe several counties of this state, in the manner prescribed for the election of members of theGeneral Assembly, and the electors shall be the same.^[1]

Lieutenant Governor

There shall be a Lieutenant Governor, whoshall be elected at the same time, for the same term, and in the same manner as the Governor.The Lieutenant Governor shall be the President of the Senate and shall have such executiveduties as prescribed by the Governor and as may be prescribed by law not inconsistent withthe powers of the Governor or other provisions of this Constitution. The compensation andallowances of the Lieutenant Governor shall be as provided by law.^[1]

Qualifications of Governor and Lieutenant Governor

No personshall be eligible for election to the office of Governor or Lieutenant Governor unless suchperson shall have been a citizen of the United States 15 years and a legal resident of the statesix years immediately preceding the election and shall have attained the age of 30 years bythe date of assuming office.^[1]

Succession to Executive Power

(a) In case of the temporary disabilityof the Governor as determined in the manner provided in Section IV of this article, theLieutenant Governor shall exercise the powers and duties of the Governor and receive thesame compensation as the Governor until such time as the temporary disability of theGovernor ends.

(b) In case of the death, resignation, or permanent disability of the Governor or theGovernor-elect, the Lieutenant Governor or the Lieutenant Governor-elect, upon becomingthe Lieutenant Governor, shall become the Governor until a successor shall be elected andqualified as hereinafter provided. A successor to serve for the unexpired term shall beelected at the next general election; but, if such death, resignation, or permanent disabilityshall occur within 30 days of the next general election or if the term will expire within 90days after the next general election, the Lieutenant Governor shall become Governor for theunexpired term. No person shall be elected or appointed to the office of Lieutenant Governorfor the unexpired term in the event the Lieutenant Governor shall become Governor as hereinprovided.

(c) In case of the death, resignation, or permanent disability of both the Governor orthe Governor-elect and the Lieutenant Governor or the Lieutenant Governor-elect or in caseof the death, resignation, or permanent disability of the Governor and there shall be noLieutenant Governor, the Speaker of the House of Representatives shall exercise the powersand duties of the Governor until the election and qualification of a Governor at a specialelection, which shall be held within 90 days from the date on which the Speaker of the Houseof Representatives shall have assumed the powers and duties of the Governor, and the personelected shall serve out the unexpired term.^[1]

Oath of Office

The Governor and Lieutenant Governor shall, beforeentering on the duties of office, take such oath or affirmation as prescribed by law.^[1]

Executive Powers

The chief executive powers shall be vested in theGovernor. The other executive officers shall have such powers as may be prescribed by thisConstitution and by law.^[1]

Law Enforcement

The Governor shall take care that the laws arefaithfully executed and shall be the conservator of the peace throughout the state.^[1]

Commander in Chief

The Governor shall be the commander in chiefof the military forces of this state.^[1]

Veto Power

Except as otherwise provided in this Constitution, beforeany bill or resolution shall become law, the Governor shall have the right to review such billor resolution intended to have the effect of law which has been passed by the GeneralAssembly. The Governor may veto, approve, or take no action on any such bill or resolution.In the event the Governor vetoes any such bill or resolution, the General Assembly may, bya two-thirds' vote, override such veto as provided in Article III of this Constitution.^[1]

Writs of Election

The Governor shall issue writs of election to fill allvacancies that may occur in the Senate and in the House of Representatives.^[1]

Information and Recommendations to the General Assembly

At thebeginning of each regular session and from time to time, the Governor may give the GeneralAssembly information on the state of the state and recommend to its consideration suchmeasures as the Governor may deem necessary or expedient.^[1]

Special Sessions of the General Assembly

(a) The Governor mayconvene the General Assembly in special session by proclamation which may be amendedby the Governor prior to the convening of the special session or amended by the Governorwith the approval of three-fifths of the members of each house after the special session hasconvened; but no laws shall be enacted at any such special session except those which relateto the purposes stated in the proclamation or in any amendment thereto.

(b) The Governor shall convene the General Assembly in special session for allpurposes whenever three-fifths of the members to which each house is entitled certify to theGovernor in writing, with a copy to the Secretary of State, that in their opinion an emergencyexists in the affairs of the state. The General Assembly may convene itself if, after receivingsuch certification, the Governor fails to do so within three days, excluding Sundays.

(c) Special sessions of the General Assembly shall be limited to a period of 40 daysunless extended by three-fifths' vote of each house and approved by the Governor or unlessat the expiration of such period an impeachment trial of some officer of state government ispending, in which event the House shall adjourn and the Senate shall remain in session untilsuch trial is completed.^[1]

Filling Vacancies

(a) When any public office shall become vacantby death, resignation, or otherwise, the Governor shall promptly fill such vacancy unlessotherwise provided by this Constitution or by law; and persons so appointed shall serve forthe unexpired term unless otherwise provided by this Constitution or by law.

(b) In case of the death or withdrawal of a person who received a majority of votescast in an election for the office of Secretary of State, Attorney General, State SchoolSuperintendent, Commissioner of Insurance, Commissioner of Agriculture, or Commissionerof Labor, the Governor elected at the same election, upon becoming Governor, shall have thepower to fill such office by appointing, subject to the confirmation of the Senate, anindividual to serve until the next general election and until a successor for the balance of theunexpired term shall have been elected and qualified.^[1]

Appointments by Governor

The Governor shall make suchappointments as are authorized by this Constitution or by law. If a person whoseconfirmation is required by the Senate is once rejected by the Senate, that person shall notbe renominated by the Governor for appointment to the same office until the expiration ofa period of one year from the date of such rejection.^[1]

Information from Officers and Employees

The Governor may requireinformation in writing from constitutional officers and all other officers and employees ofthe executive branch on any subject relating to the duties of their respective offices oremployment.^[1]

Other Executive Officers, How Elected

The Secretary of State, AttorneyGeneral, State School Superintendent, Commissioner of Insurance, Commissioner ofAgriculture, and Commissioner of Labor shall be elected in the manner prescribed for theelection of members of the General Assembly and the electors shall be the same. Suchexecutive officers shall be elected at the same time and hold their offices for the same termas the Governor.^[1]

Qualifications

(a) No person shall be eligible to the office of theSecretary of State, Attorney General, State School Superintendent, Commissioner ofInsurance, Commissioner of Agriculture, or Commissioner of Labor unless such person shallhave been a citizen of the United States for ten years and a legal resident of the state for fouryears immediately preceding election or appointment and shall have attained the age of 25years by the date of assuming office. All of said officers shall take such oath and give bondand security, as prescribed by law, for the faithful discharge of their duties.

(b) No person shall be Attorney General unless such person shall have been anactive-status member of the State Bar of Georgia for seven years.^[1]

Powers, Duties, Compensation, and Allowances of Other Executive Officers

Except as otherwise provided in this Constitution, the General Assembly shallprescribe the powers, duties, compensation, and allowances of the above executive officersand provide assistance and expenses necessary for the operation of the department of each.^[1]

Attorney General; Duties

The Attorney General shall act as the legaladvisor of the executive department, shall represent the state in the Supreme Court in allcapital felonies and in all civil and criminal cases in any court when required by theGovernor, and shall perform such other duties as shall be required by law.^[1]

Elected Constitutional Executive Officer, How Defined

As used in thissection, the term "elected constitutional executive officer" means the Governor, theLieutenant Governor, the Secretary of State, the Attorney General, the State SchoolSuperintendent, the Commissioner of Insurance, the Commissioner of Agriculture, and theCommissioner of Labor.^[1]

Procedure for Determining Disability

Upon a petition of any four ofthe elected constitutional executive officers to the Supreme Court of Georgia that anotherelected constitutional executive officer is unable to perform the duties of office because ofa physical or mental disability, the Supreme Court shall by appropriate rule provide for aspeedy and public hearing on such matter, including notice of the nature and cause of theaccusation, process for obtaining witnesses, and the assistance of counsel. Evidence at suchhearing shall include testimony from not fewer than three qualified physicians in privatepractice, one of whom must be a psychiatrist.^[1]

Effect of Determination of Disability

If, after hearing the evidence ondisability, the Supreme Court determines that there is a disability and that such disability ispermanent, the office shall be declared vacant and the successor to that office shall be chosenas provided in this Constitution or the laws enacted in pursuance thereof. If it is determinedthat the disability is not permanent, the Supreme Court shall determine when the disabilityhas ended and when the officer shall resume the exercise of the powers of office. During theperiod of temporary disability, the powers of such office shall be exercised as provided bylaw.^[1]

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