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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Page 445   View pdf image (33K)
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445

and the returns thereof, under seal, to be addressed to the
Speaker of the House of Delegates, and enclosed and trans-
mitted to the Secretary of State, and delivered to the said
Speaker, at the commencement of the session of the Legisla-
ture next ensuing said election.

Jo

Sec. 3. The Speaker of the House of Delegates shall then
open the said returns in the presence of both Houses, and the
person having the highest number of votes, and being Con-
stitutionally eligible, shall be the Governor, and shall quali-
fy in the manner herein prescribed, on the second Wednes-
day of January next ensuing his election, or as soon thereaf-
ter as may be practicable.

Sec. 4. If two or more persons shall have the highest and
an equal number of votes, one of them shall be chosen
Governor by the Seriate and House of Delegates; and all
questions in relation to the eligibility of Governor, and to
the returns of said election, and to the number and legality
of votes therein given, shall be determined by the House of Del-
egates. And if the person or persons, having the highest
number of votes be ineligible, the Governor shall be chosen
by the Senate and House of Delegates. Every election of
Governor, by the Legislature, shall be determined by a joint
majority of the Senate and House of Delegates, and the vote
shall be taken viva voce. But if two or more persons shall
have the highest and an equal number of votes, then a second
vote shall be taken, which shall be confined to the persons
having an equal number; and if the votes should be again
equal, then the election of Governor shall be determined by
lot between those who shall have the highest and an equal
number on the first vote.

Sec. 5. A person to be eligible to the office of Governor,
must have attained the age of thirty years, and been for five
years a citizen of the United States, and for five years next
preceding his election a resident of the State.

Sec. 6. A Lieutenant Governor shall be chosen, at every
regular election for Governor, in the same manner to continue
in office for the same time and possess the same qualifications as
the Governor. In voting for Governor and Lieutenant Go-
vernor the electors shall state for whom they vote as Govern-
or, and for whom as Lieutenant Governor.

Sec. Y. The Lieutenant Governor shall, by virtue of his
office, be President of the Senate, and whenever the Senate
are equally divided, shall have the right to give the casting
vote.

 

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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Page 445   View pdf image (33K)
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