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Ga. Const. art. V, § I, ¶ IV — Qualifications of Governor and Lieutenant Governor | Georgia Constitution

CONSTITUTION OF THE STATE OF GEORGIA

ARTICLE V. EXECUTIVE BRANCH

Paragraph IV. Qualifications of Governor and Lieutenant Governor.

No person shall be eligible for election to the office of Governor or Lieutenant Governor unless such person shall have been a citizen of the United States 15 years and a legal resident of the state six years immediately preceding the election and shall have attained the age of 30 years by the date of assuming office.

1976 Constitution.

- Art. V, Sec. I, Para. VII.

Cross references.

- Other disabilities to holding office, Ga. Const. 1983, Art. II, Sec. II, Para. III, Ga. Const. 1983, Art. III, Sec. II, Para. IV, and §§ 16-10-9,21-2-7,21-2-8,45-2-1 et seq., and45-5-2.

Eligibility for single elective office only, § 21-2-136.

JUDICIAL DECISIONS

Maturity requirement not a violation of equal protection clause.

- In light of the fact that the Lieutenant Governor may be called upon to exercise the powers of the office of Governor, a similar maturity requirement for the Lieutenant Governor is eminently reasonable, and the mere fact that other state officers, such as the Attorney General, may serve upon reaching 25, does not render the instant age requirement a violation of the equal protection clause (U.S. Const., amend. 14). Traylor v. Democratic Party, 241 Ga. 429, 246 S.E.2d 192 (1978).

Maturity requirement not a violation of right of association.

- The fact that a candidate under 30 may not run for Lieutenant Governor does not deny the first amendment right of association to those voters who might wish to "associate" with such a candidate by voting for that candidate. Traylor v. Democratic Party, 241 Ga. 429, 246 S.E.2d 192 (1978).

Function of Lieutenant Governor in event of vacancy in office of Governor.

- The Lieutenant Governor does not succeed to the office of Governor in the event of a vacancy, rather the executive power devolves upon the Lieutenant Governor so that the government can continue to function until a Governor is chosen by the people as provided by law. Henderson v. Maddox, 227 Ga. 195, 179 S.E.2d 770 (1971).

RESEARCH REFERENCES

Am. Jur. 2d.

- 38 Am. Jur. 2d, Governor, § 2.

ALR.

- Time as of which eligibility or ineligibility to office is to be determined, 88 A.L.R. 812; 143 A.L.R. 1026.

Nonregistration as affecting one's qualification to hold public office, 128 A.L.R. 1117.

Validity of requirement that candidate or public officer have been resident of governmental unit for specified period, 65 A.L.R.3d 1048.

Validity of age requirement for state public office, 90 A.L.R.3d 900.