Article 5
Article V.
Part First. Executive Power.
Section 1. Governor.
Section 2. Term of office; reelection eligibility.
Section 3 Election; votes to be returned to Secretary of State;
Secretary of State to lay lists before the Senate and House
of Representatives; provision in case of tie.
Section 4. Qualifications.
Section 5. Disqualifications.
Section 6. Compensation.
Section 7. Commander in chief.
Section 8. To appoint officers
Procedure for confirmation.
Affirmative vote of 2/3 of members required.
Governor or President of Senate may call Senate into session.
Nomination by Governor made 7 days prior to appointment of nominee.
Section 9. To give information and recommend measures.
Section 10. May require information of any officer.
Section 11. Power to pardon and remit penalties, etc.; conditions.
Section 12. Shall enforce the law.
Section 13. Convenes the Legislature on extraordinary occasions, and adjourns
it in case of disagreement; may change the place of meeting.
Section 14. Vacancy, how supplied.
Mental or physical disability of the Governor continuously for more
than 6 months.
Section 15. Temporary mental or physical disability of Governor.
Article V.
Part Second. Secretary.
Section 1. Election.
Section 1-A. Succession to the office of Secretary of State.
Section 2. Records of State; deputies.
Section 3. Attend the Governor, Senate, and House.
Section 4. Records of executive and legislative
departments.
Article V.
Part Third. Treasurer.
Section 1. Election.
Section 1-A. Succession to the office of Treasurer.
Section 2. Bond.
Section 3. Not to engage in trade.
Section 4. No money drawn except upon appropriation or allocation.
Section 5. Bonding regulations; prohibiting use of proceeds from sale of
bonds to fund current expenditures.
Article V.
Part First. Executive Power.
Section 1. Governor. The supreme executive power of this
State shall be vested in a Governor.
Section 2. Term of office; reelection eligibility. The
Governor shall be elected by the qualified electors, and shall
hold the office for 4 years from the first Wednesday after the
first Tuesday of January next following the election and until
the successor to the Governor has been duly elected and
qualified. The person who has served 2 consecutive popular
elective 4-year terms of office as Governor shall be ineligible
to succeed himself or herself.
Section 3. Election; votes to be returned to Secretary of
State; Secretary of State to lay lists before the Senate and
House of Representatives; provision in case of tie. The
meetings for election of Governor shall be notified, held and
regulated and votes shall be received, sorted, counted and
declared and recorded, in the same manner as those for
Senators and Representatives. Copies of lists of votes shall
be sealed and returned to the secretary's office in the same
manner and at the same time as those for Senators. The
Secretary of State for the time being shall, on the first
Wednesday after the first Tuesday of January then next, lay
the lists returned to the secretary's office before the Senate
and House of Representatives to be by them examined, together
with the ballots cast if they so elect, and they shall
determine the number of votes duly cast for the office of
Governor, and in case of a choice by plurality of all of the
votes returned they shall declare and publish the same. If
there shall be a tie between the 2 persons having the largest
number of votes for Governor, the House of Representatives and
the Senate meeting in joint session, and each member of said
bodies having a single vote, shall elect one of said 2 persons
having so received an equal number of votes and the person so
elected by the Senate and House of Representatives shall be
declared the Governor.
Section 4. Qualifications. The Governor shall, at the
commencement of the Governor's term, be not less than 30 years
of age; a citizen of the United States for at least 15 years,
have been 5 years a resident of the State; and at the time of
election and during the term for which elected, be a resident
of said State.
Section 5. Disqualifications. No person holding any office
or
place under the United States, this State, or any other power,
shall assume the office of Governor, nor shall any such person
exercise the office of Governor except as provided by this
Constitution.
Section 6. Compensation. The Governor shall, at stated times,
receive for services a compensation, which shall not be
increased or diminished during the Governor's continuance in
office.
Section 7. Commander in chief. The Governor shall be
commander in chief of the army and navy of the State, and of
the militia, except when the same are called into the actual
service of the United States.
Section 8. To appoint officers. The Governor shall
nominate,
and, subject to confirmation as provided herein, appoint all
judicial officers, except judges of probate and justices of
the
peace if their manner of selection is otherwise provided for by
this Constitution or by law, and all other civil officers and
military officers whose appointment is not by this
Constitution, or shall not by law be otherwise provided for.
Procedure for confirmation. The procedure for confirmation
shall be as follows: an appropriate legislative committee
comprised of members of both houses in reasonable proportion
to their membership as provided by law shall recommend
confirmation or denial by majority vote of committee members
present and voting. The committee recommendation shall be
reviewed by the Senate and upon review shall become final
action of confirmation or denial unless the Senate by vote of
2/3 of those members present and voting overrides the committee
recommendation. The Senate vote shall be by the yeas and
nays.
Affirmative vote of 2/3 of members required. All statutes
enacted to carry out the purposes of the second paragraph of
this section shall require the affirmative vote of 2/3 of the
members of each House present and voting.
Governor or President of Senate may call Senate into session.
Either the Governor or the President of the Senate shall have
the power to call the Senate into session for the purpose of
voting upon confirmation of appointments.
Nomination by Governor made 7 days prior to appointment of
nominee. Every nomination by the Governor shall be made 7
days at least prior to appointment of the nominee.
Section 9. To give information and recommend measures. The
Governor shall from time to time give the Legislature
information of the condition of the State, and recommend to
their consideration such measures, as the Governor may judge
expedient.
Section 10. May require information of any officer. The
Governor may require information from any military officer, or
any officer in the executive department, upon any subject
relating to the duties of their respective offices.
Section 11. Power to pardon and remit penalties, etc.;
conditions. The Governor shall have power to remit after
conviction all forfeitures and penalties, and to grant
reprieves, commutations and pardons, except in cases of
impeachment, upon such conditions, and with such restrictions
and limitations as may be deemed proper, subject to such
regulations as may be provided by law, relative to the manner
of applying for pardons. Such power to grant reprieves,
commutations and pardons shall include offenses of juvenile
delinquency.
Section 12. Shall enforce the laws. The Governor shall take
care that the laws be faithfully executed.
Section 13. Convenes the Legislature on extraordinary
occasions, and adjourns it in case of disagreement; may change
the place of meeting. The Governor may, on extraordinary
occasions, convene the Legislature; and in case of disagreement
between the 2 Houses with respect to the time of adjournment,
adjourn them to such time, as the Governor shall think proper,
not beyond the day of the next regular session; and if, since
the last adjournment, the place where the Legislature were next
to convene shall have become dangerous from an enemy or
contagious sickness, may direct the session to be held at some
other convenient place within the State.
Section 14. Vacancy, how supplied. Whenever the office of
Governor shall become vacant because of the death, resignation
or removal of a Governor in office, or any other cause, the
President of the Senate shall assume the office of Governor
until another Governor shall be duly qualified. When the
vacancy occurs more than 90 days preceding the date of the
primary election for nominating candidates to be voted for at
the biennial election next succeeding, the President of the
Senate shall assume the office of Governor until the first
Wednesday after the first Tuesday of January following the
biennial election. At the biennial election, a Governor shall
be elected to fill the unexpired term created by the vacancy.
When the vacancy occurs less than 90 days preceding the date
of a primary election the President of the Senate shall fill
the unexpired term.
Whenever the offices of Governor and President of the Senate
are vacant at the same time, the Speaker of the House of
Representatives shall assume the office of Governor for the
same term and under the same conditions as the President of the
Senate.
Whenever the offices of Governor, President of the Senate and
Speaker of the House of Representatives are vacant at the same
time, the person acting as Secretary of State for the time
being shall exercise the office of Governor and shall forthwith
by proclamation convene the Senate and the House of
Representatives which shall fill respectively the vacancies in
the offices of the President of the Senate and the Speaker of
the House, and by joint ballot of the Senators and
Representatives in convention choose a person who shall assume
the office of Governor for the same term and under the same
conditions as the President of the Senate.
Mental or physical disability of the Governor continuously for
more than 6 months. Whenever for 6 months a Governor in
office shall have been continuously unable to discharge the
powers and duties of that office because of mental or physical
disability such office shall be deemed vacant. Such vacancy
shall be declared by the Supreme Judicial Court upon
presentment to it of a joint resolution declaring the ground
of the vacancy, adopted by a vote of 2/3 of the Senators and
Representatives in convention, and upon notice, hearing before
the court and a decision by a majority of the court that
ground exists for declaring the office to be vacant.
Section 15. Temporary mental or physical disability of
Governor. Whenever the Governor is unable to discharge the
powers and duties of that office because of mental or physical
disability, the President of the Senate, or if that office is
vacant, the Speaker of the House of Representatives, shall
exercise the powers and duties of the office of Governor until
the Governor is again able to discharge the powers and duties
of that office, or until the office of Governor is declared to
be vacant or until another Governor shall be duly qualified.
Whenever the Governor is unable to discharge the powers and
duties of that office, the Governor may so certify to the
Chief Justice of the Supreme Judicial Court, in which case and
upon notice from the Chief Justice, the President of the
Senate, or if that office is vacant, the Speaker of the House
of Representatives, shall exercise the powers and duties of
the office of Governor until such time as the Governor shall
certify to the Chief Justice that the Governor is able to
discharge such powers and duties and the Chief Justice shall
so notify the officer who is exercising the powers and duties of
the office of Governor.
When the Secretary of State shall have reason to believe that
the Governor is unable to discharge the duties of that office,
the Secretary of State may so certify to the Supreme Judicial
Court, declaring the reason for such belief. After notice to
the Governor, a hearing before the court and a decision by a
majority of the court that the Governor is unable to discharge
the duties of the office of Governor, the court shall notify
the President of the Senate, or if that office is vacant the
Speaker of the House of Representatives, of such inability and
that officer shall exercise the functions, powers and duties
of the office of Governor until such time as the Secretary of
State or the Governor shall certify to the court that the
Governor is able to discharge the duties of the office of
Governor and the court, after notice to the Governor and a
hearing before the court, decides that the Governor is able to
discharge the duties of that office and so notifies the
officer who is exercising the powers and duties of the office
of Governor.
Whenever either the President of the Senate or Speaker of the
House of Representatives shall exercise the office of
Governor, the officer shall receive only the compensation of
Governor, but the officer's duties as President or Speaker
shall be suspended; and the Senate or House shall fill the
vacancy resulting from such suspension, until the officer
shall cease to exercise the office of Governor.
Article V.
Part Second. Secretary.
Section 1. Election. The Secretary of State shall be chosen
biennially at the first session of the Legislature, by joint
ballot of the Senators and Representatives in convention.
Section 1-A. Succession to the office of Secretary of State.
If a vacancy occurs in the office of the Secretary of State,
the first deputy secretary of state shall act as the Secretary
of State until a Secretary of State is elected by the
Legislature during the current session if in session, or at
the next regular or special session.
Section 2. Records of State; deputies. The records of the
State shall be kept in the office of the Secretary, who may
appoint deputies to that office, for whose conduct the
Secretary shall be accountable.
Section 3. Attend the Governor, Senate, and House. The
Secretary of State shall attend the Governor, the Senate and
the House of Representatives, in person or by the deputies of
the Secretary of State as they shall respectively require.
Section 4. Records of executive and legislative departments.
The Secretary of State shall carefully keep and preserve the
records of all the official acts and proceedings of the
Governor, Senate and House of Representatives, and, when
required, lay the same before either branch of the
Legislature, and perform such other duties as are enjoined by
this Constitution, or shall be required by law.
Article V.
Part Third. Treasurer.
Section 1. Election. The Treasurer shall be chosen
biennially, at the first session of the Legislature, by joint
ballot of the Senators, and Representatives in convention.
Section 1-A. Succession to the office of Treasurer. If a
vacancy occurs in the office of Treasurer of State, the deputy
treasurer of state shall act as the Treasurer of State until a
Treasurer of State is elected by the Legislature during the
current session if in session, or at the next regular or
special session.
Section 2. Bond. The Treasurer shall, before entering on
the duties of that office, give bond to the State with sureties,
to the satisfaction of the Legislature, for the faithful
discharge of that trust.
Section 3. Not to engage in trade. The Treasurer shall not,
during the Treasurer's continuance in office, engage in any
business of trade or commerce, or as a broker, nor as an agent
or factor for any merchant or trader.
Section 4. No money drawn except upon appropriation or
allocation. No money shall be drawn from the treasury, except
in consequence of appropriations or allocations authorized by
law.
Section 5. Bonding regulations; prohibiting use of proceeds
from sale of bonds to fund current expenditures. The
Legislature shall enact general law prohibiting the use of
proceeds from the sale of bonds to fund current expenditures
and shall provide by appropriation for the payment of interest
upon and installments of principal of all bonded debt created
on behalf of the State as the same shall become due and
payable. If at any time the Legislature shall fail to make
any such appropriation, the Treasurer of State shall set apart
from the first General Fund revenues thereafter received a sum
sufficient to pay such interest or installments of principal
and shall so apply the moneys thus set apart. The Treasurer
of State may be required to set apart and apply such revenues
at the suit of any holder of such bonds. The prohibition on
use of proceeds from the sale of bonds to fund current
expenditures shall only apply to those bonds authorized on or
after July 1, 1977.
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