Syfert Injury Law Firm
Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448(a) In case of the temporary disability of the Governor as determined in the manner provided in Section IV of this article, the Lieutenant Governor shall exercise the powers and duties of the Governor and receive the same compensation as the Governor until such time as the temporary disability of the Governor ends.
(b) In case of the death, resignation, or permanent disability of the Governor or the Governor-elect, the Lieutenant Governor or the Lieutenant Governor-elect, upon becoming the Lieutenant Governor, shall become the Governor until a successor shall be elected and qualified as hereinafter provided. A successor to serve for the unexpired term shall be elected at the next general election; but, if such death, resignation, or permanent disability shall occur within 30 days of the next general election or if the term will expire within 90 days after the next general election, the Lieutenant Governor shall become Governor for the unexpired term. No person shall be elected or appointed to the office of Lieutenant Governor for the unexpired term in the event the Lieutenant Governor shall become Governor as herein provided.
(c) In case of the death, resignation, or permanent disability of both the Governor or the Governor-elect and the Lieutenant Governor or the Lieutenant Governor-elect or in case of the death, resignation, or permanent disability of the Governor and there shall be no Lieutenant Governor, the Speaker of the House of Representatives shall exercise the powers and duties of the Governor until the election and qualification of a Governor at a special election, which shall be held within 90 days from the date on which the Speaker of the House of Representatives shall have assumed the powers and duties of the Governor, and the person elected shall serve out the unexpired term.
- Art. V, Sec. I, Para. VIII.
- Power of General Assembly to provide for succession to office of Governor, Ga. Const. 1983, Art. III, Sec. VI, Para. II.
Determination of disability, Ga. Const. 1983, Art. V, Sec. IV, Para. II.
Succession for the unexpired term only, § 45-5-3.
- The General Assembly has considered that even as to an election to fill a vacancy in the office of Governor, ascertainment and declaration of the result should be made by that body, according to the regular method of filling the office permanently. Wood v. Arnall, 189 Ga. 362, 6 S.E.2d 722 (1939).
Cited in Thompson v. Talmadge, 201 Ga. 867, 41 S.E.2d 883 (1947); Traylor v. Democratic Party, 241 Ga. 429, 246 S.E.2d 192 (1978).
Governor's absence from state does not constitute "disability" under this paragraph. 1967 Op. Att'y Gen. No. 67-293.(see Ga. Const. 1983, Art. V, Sec. I, Para. V).
Lieutenant Governor does not serve term as Governor while exercising executive powers, but rather the Lieutenant Governor becomes acting Governor until a successor can be elected and qualified to fill the unexpired term of Governor; the person who is elected and subsequently qualified to fill the unexpired term is specifically referred to in the Constitution as "Governor," and the person is elected for the unexpired term. 1948-49 Op. Att'y Gen. p. 403.
If Lieutenant Governor does not desire to become candidate for unexpired term of Governor, the Lieutenant Governor is not required to resign the office after having served as acting Governor, but may continue to serve as Lieutenant Governor until the four-year term to which the Lieutenant Governor was elected expires. 1948-49 Op. Att'y Gen. p. 403.
- 38 Am. Jur. 2d, Governor, § 11 et seq.
- 81A C.J.S., States, § 179 et seq.
- Power to pardon or commute sentence as one which devolves upon the Lieutenant Governor during the absence or disability of the Governor, 32 A.L.R. 1162.
Devolution, in absence of Governor, of veto and approval powers, upon Lieutenant Governor or other officer, 136 A.L.R. 1053.