ARTICLE V


THE EXECUTIVE


Note


  This article was renumbered from Article IV to be Article V by Const Con 1978 and election Nov 7, 1978.  The former Article V now appears as Article VI.


ESTABLISHMENT OF THE EXECUTIVE


Section 1.  The executive power of the State shall be vested in a governor.  The governor shall be elected by the qualified voters of this State at a general election.  The person receiving the highest number of votes shall be the governor.  In case of a tie vote, the selection of the governor shall be determined as provided by law.

The term of office of the governor shall begin at noon on the first Monday in December next following the governor's election and end at noon on the first Monday in December, four years thereafter.

No person shall be elected to the office of governor for more than two consecutive full terms.

No person shall be eligible for the office of governor unless the person shall be a qualified voter, have attained the age of thirty years and have been a resident of this State for five years immediately preceding the person's election.

The governor shall not hold any other office or employment of profit under the State or the United States during the governor's term of office. [Am Const Con 1968 and election Nov 5, 1968; ren and am Const Con 1978 and election Nov 7, 1978]


Cross References


  Tie vote, see §11-157.


Attorney General Opinions


  It may be impermissible for legislature to require elected officials to resign before running for governor.  Att. Gen. Op. 75-22.

  Political parties must run candidates for both the office of governor and office of lieutenant governor.  Att. Gen. Op. 78-3.

  The office of the governor is a constitutional office established by this section, and is not a principal department of the state executive branch listed in §26-4; thus, any agency that is not temporary and for special purposes cannot be validly placed within the office of the governor.  Att. Gen. Op. 96-1.


Case Notes


  Durational residency requirement for gubernatorial candidates does not violate equal protection.  639 F. Supp. 1552.

  Budget expenditures of the department of education, discussed.  70 H. 253, 768 P.2d 1279.









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