2006 Code of Virginia § 24.2-211 - Discharge of duties when office of Governor is vacant or Governor is disabled

24.2-211. Discharge of duties when office of Governor is vacant or Governoris disabled.

When the Governor-elect is disqualified, resigns, or dies following hiselection but prior to taking office, the Lieutenant Governor-elect shallsucceed to the office of Governor for the full term. When the Governor-electfails to assume office for any other reason, the Lieutenant Governor-electshall serve as acting Governor.

Whenever the Governor transmits to the President pro tempore of the Senateand the Speaker of the House of Delegates his written declaration that he isunable to discharge the powers and duties of his office and until hetransmits to them a written declaration to the contrary, such powers andduties shall be discharged by the Lieutenant Governor as acting Governor.

Whenever the Attorney General, the President pro tempore of the Senate, andthe Speaker of the House of Delegates, or a majority of the total membershipof the General Assembly, transmit to the Clerk of the Senate and the Clerk ofthe House of Delegates their written declaration that the Governor is unableto discharge the powers and duties of his office, the Lieutenant Governorshall immediately assume the powers and duties of the office as actingGovernor.

Thereafter, when the Governor transmits to the Clerk of the Senate and theClerk of the House of Delegates his written declaration that no inabilityexists, he shall resume the powers and duties of his office unless theAttorney General, the President pro tempore of the Senate, and the Speaker ofthe House of Delegates, or a majority of the total membership of the GeneralAssembly, transmit within four days to the Clerk of the Senate and the Clerkof the House of Delegates their written declaration that the Governor isunable to discharge the powers and duties of his office. Thereupon theGeneral Assembly shall decide the issue, convening within forty-eight hoursfor that purpose, if not already in session. If within twenty-one days afterreceipt of the latter declaration or, if the General Assembly is not insession, within twenty-one days after the General Assembly is required toconvene, the General Assembly determines by three-fourths vote of the electedmembership of each house of the General Assembly that the Governor is unableto discharge the powers and duties of his office, the Lieutenant Governorshall become Governor; otherwise, the Governor shall resume the powers andduties of his office.

In the case of the removal of the Governor from office or in the case of hisdisqualification, death or resignation, the Lieutenant Governor shall becomeGovernor.

If a vacancy exists in the office of Lieutenant Governor when the LieutenantGovernor is to succeed to the office of Governor or to serve as actingGovernor, the Attorney General, if he is eligible to serve as Governor, shallsucceed to the office of Governor for the unexpired term or serve as actingGovernor. If the Attorney General is ineligible to serve as Governor, theSpeaker of the House of Delegates, if he is eligible to serve as Governor,shall succeed to the office of Governor. If a vacancy exists in the office ofthe Speaker of the House of Delegates or if the Speaker of the House ofDelegates is ineligible to serve as Governor, the House of Delegates shallconvene and fill the vacancy.

(Code 1950, 24-150; 1960, c. 488; 1970, c. 462, 24.1-82; 1971, Ex. Sess.,c. 165; 1993, c. 641.)