the term for which the present incumbent was elected; un-
less the said office shall become vacant by death, resigna-
tion, removal from the State, or other disqualification of
the said incumbent.

[Section 1. The executive power of the State shall be vested
in a Governor, whose term of office shall commence on the
Second Wednesday of January next ensuing his election,
and continue for four years, and until his successor shall have
qualified; and he shall be ineligible to succeed himself as Govern-
or for the term directly following that for which he was elected. 1]

SEC. 2. An election for Governor, under this Constitution,
shall be held on the Tuesday next after the first Monday of
November, in the year eighteen hundred and sixty-seven, and
on the same day and month in every fourth year thereafter,
at the places for voting for delegates to the General Assem-
bly; 2 and every person qualified to vote for Delegates shall be
qualified and entitled to vote for Governor; the election to be
held in the same manner as the election of Delegates, and the
returns thereof under seal to be addressed to the Speaker of the
House of Delegates, and enclosed and transmitted to the
Secretary of State, and delivered to said Speaker, at the com-
mencement of the session of the General Assembly next ensuing
said election.

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
constitutionally eligible, shall be the Governor, and shall
qualify, in the manner herein prescribed, on the second Wed-
nesday of January next ensuing his election, or as soon there-
after as may be practicable.

SEC. 4. If two or more persons shall have the highest
and an equal number of votes for Governor, one of them
shall be chosen Governor by the Senate and House of Dele-
gates, and all questions in relation to the eligibility of Governor,
and to the returns of said election, and to the number and
legality of voters therein given, shall be determined by the
House of Delegates; and if the person of 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 General Assembly shall be determined by a
joint majority of the Senate and House of Delegates, and the
vote shall be taken viva boce. 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 hav-

(1) This amendment was submitted by Ch. 381, 1939, and will be voted upon by the people
November, 1940.
(2) This section amended by Article XVII, Sections 2 and 3..