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2003 SESSION
036814211Patrons-- Putney, Almand, Amundson, Baskerville, Brink, Darner, Jones, S.C., Keister, Melvin, Miles, Moran, O'Bannon, Petersen, Rapp, Sherwood and Shuler; Senators: Howell and Stolle
RESOLVED by the House of Delegates, the Senate concurring, a majority of the members elected to each house agreeing, That the following amendment to the Constitution of Virginia be, and the same hereby is, proposed and referred to the General Assembly at its first regular session held after the next general election of members of the House of Delegates for its concurrence in conformity with the provisions of Section 1 of Article XII of the Constitution of Virginia, namely:
Amend Section 16 of Article V of the Constitution of Virginia as follows:
Section 16. Succession to the office of Governor.
When the Governor-elect is disqualified, resigns, or dies following his election but prior to taking office, the Lieutenant Governor-elect shall succeed to the office of Governor for the full term. When the Governor-elect fails to assume office for any other reason, the Lieutenant Governor-elect shall serve as Acting Governor.
Whenever the Governor transmits to the President pro tempore of the Senate and the Speaker of the House of Delegates his written declaration that he is unable to discharge the powers and duties of his office and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Lieutenant Governor as Acting Governor.
Whenever the Attorney General, the President pro tempore of the Senate, and the Speaker of the House of Delegates, or a majority of the total membership of the General Assembly, transmit to the Clerk of the Senate and the Clerk of the House of Delegates their written declaration that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall immediately assume the powers and duties of the office as Acting Governor.
Thereafter, when the Governor transmits to the Clerk of the Senate and the Clerk of the House of Delegates his written declaration that no inability exists, he shall resume the powers and duties of his office unless the Attorney General, the President pro tempore of the Senate, and the Speaker of the House of Delegates, or a majority of the total membership of the General Assembly, transmit within four days to the Clerk of the Senate and the Clerk of the House of Delegates their written declaration that the Governor is unable to discharge the powers and duties of his office. Thereupon the General Assembly shall decide the issue, convening within forty-eight hours for that purpose if not already in session. If within twenty-one days after receipt of the latter declaration or, if the General Assembly is not in session, within twenty-one days after the General Assembly is required to convene, the General Assembly determines by three-fourths vote of the elected membership of each house of the General Assembly that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall become Governor; otherwise, the Governor shall resume the powers and duties of his office.
In the case of the removal of the Governor from office or in the case of his disqualification, death, or resignation, the Lieutenant Governor shall become Governor.
If a vacancy exists in the office of Lieutenant Governor when the Lieutenant
Governor is to succeed to the office of Governor or to serve as Acting
Governor, the Attorney General, if he is eligible to serve as Governor, shall
succeed to the office of Governor for the unexpired term or serve as Acting
Governor. If the Attorney General is ineligible to serve as Governor, the
Speaker of the House of Delegates, if he is eligible to serve as Governor,
shall succeed to the office of Governor for the unexpired term or serve as
Acting Governor. IfFurther, if a vacancy exists in the office of the Speaker of
the House of Delegates or if the Speaker of the House of Delegates is ineligible to serve as
Governor, the line of succession to serve as Governor or Acting Governor shall
continue in order to the President pro tempore of the Senate, the majority
leader of the House of Delegates, the majority leader of the Senate, the minority leader of the House of
Delegates, and the minority leader of the Senate. If vacancies exist in these
offices or the holders of such offices are ineligible to serve as Governor, the
House of Delegates shall convene and fill the vacancy.
The General Assembly may provide by law for the waiver of the eligibility requirements for the Lieutenant Governor or Attorney General to serve as Governor in the event of a terrorist or enemy attack upon the soil of Virginia as evidenced by a proclamation of the Governor or alternative authority prescribed by law.