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or superseded thereby until the election and qualification of the several officers provided for in said amendments.

ARTICLE V.

EXECUTIVE DEPARTMENT.

SECTION 1. Governor is vested with supreme executive power.

2. Election of Governor and term of office.
3. Qualifications and eligibility to the office.
4. Returns of, and counting, the votes for Governor.
5. Governor to be Commander in Chief.
6. Transact all executive business.
7. See to execution of the laws.
8. Fill vacancies not otherwise provided for.
9. Convene special sessions of the Legislature.
10. Executive messages.
11. Adjourn the Legislature when the Houses disagree.
12. Must not be Governor and hold other office.
13. Reprieves and pardons for offenses.
14. Keeper of" The great seal of the State of California."
15. Sign and seal grants and commissions.
16. Of the Lieutenant Governor.
17. When powers of Governor devolve on the Lieutenant

Governor.
18. Election and terms of other State officers.
19. Duties of Secretary of State.
20. Election of State officers for first term by Legislature;

thereafter, as in Section 18 provided.
21. Compensation. Not to be increased or diminished.

SECTION 1. The supreme executive power of this State Governor is

vested with shall be vested in a chief magistrate, who shall be styled supreme

executivo the Governor of the State of California.

power.

SEC. 2. The Governor shall be elected by the qualified Election of

Governor electors, at the time and places of voting for members of and term

of office. the Assembly, and sball hold his office four years from and after the first Monday in December subsequent to his election, and until his successor is elected and qualified.

QualificaSec. 3. No person shall be eligible to the office of tions and

eligibility Governor (except at the first election) who has not been to the

offico.

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a citizen of the United States and a resident of this State two years next preceding the election, and attained the age of twenty-five years at the time of said election.

Returns of and counting the votes for Governor.

SEC. 4. The returns of every election for Governor shall be sealed up and transmitted to the seat of government, directed to the Speaker of the Assembly, who shall, during the first week of the session, open and publish them in presence of both Houses of the Legislature. The person having the highest number of votes shall be Gov. ernor; but, in case any two or more have an equal and the highest number of votes, the Legislature shall, by joint vote of both Houses, choose one of said persons so having an equal and the highest number of votes, for Governor.

Governor Sec. 5. The Governor shall be Commander in Chief of Commander in Chief. the militia, the army, and navy of this State.

Transact executive business.

SEC. 6. He shall transact all executive business with the officers of government, civil and military, and may require information in writing from the officers of the Executive Department, upon any subject relating to the duties of their respective offices.

See to Sec. 7. He shall see that the laws are faithfully exeexecution of the laws, cuted.

Fill vacancies not otherwise provided for.

SEC. 8. When any office shall, from any cause, become vacant, and no mode is provided by the Constitution and law for filling such vacancy, the Governor shall have power to fill such vacancy by granting a commission, which shall expire at the end of the next session of the Legislature, or at the next election by the people.

NOTE.— The power vested by this section applies only to vacancies occurring under circumstances when the original appointing (or electing) power cannot act, and is limited by the period when the original power can act.-Casserly vs. Fitch, 1 Cal., p. 519. The Governor has no power to appoint, under this section, when there is a person in possession of the office expressly authorized by statute or the Constitution to discharge its duties temporarily, until the power upon whom the duty of election or appointment is devolved can act.

P. 639.

People vs. Tilton, 37 Cal., p. 614. This section only
applies to those cases of vacancies for filling which no
other mode is provided by the Constitution and laws,"
and has no application to vacancies the mode of filling
which is provided by the law of 1851.–Wetherbee vs.
Cazneau, 20 Cal., p. 503. Whether a failure to elect a
successor leaves an office vacant at the expiration of
the term, in the sense of this section, was considered,
but not fully decided, in People vs. Parker, 37 Cal.,

The failure of a Controller elect to qualify
creates no vacancy in the office; it is only in cases
where there is no incumbent to hold over that the law
permits the Executive to appoint. - Melony vs. Whit-
man, 10 Cal., p. 38. The power to fill a vacancy and
the power to fill an office are distinct in their nature.-
Aylett vs. Langdon, 8 Cal., p. 1. If the appointment
to an office is vested in the Governor, with the advice
and consent of the Senate, and the term of the incum-
bent expires during a recess of the Legislature, and the
Governor appoints a successor, such appointment vests
in the appointee a right to hold the office for the full
term, subject only to be defeated by the non-concur-
rence of the Senate.- People vs. Mizner, 7 Cal., p. 519.

Sec. 9. He may, on extraordinary occasions, convene Convene the Legislature by proclamation, and shall state to both sessions of

the LegisHouses, when assembled, the purpose for which they lature. sball have been convened:

messages.

SEC. 10. He shall communicate by message to the Executivo Legislature, at every session, the condition of the State, and recommend such matters as he shall deem expedient.

SEC. 11 In case of a disagreement between the two adjourn Houses with respect to the time of adjournment, the ture when Governor shall have power to adjourn the Legislature to disagree. such time as he may think proper; provided, it be not beyond the time fixed for the meeting of the next Legislature.

SEC. 12. No person shall, while holding any office Not to hold

other office. under the United States, or this State, exercise the office of Governor, except as hereinafter expressly provided.

SEC. 13. The Governor shall have the power to grant reprieves and pardons after conviction, for all offenses,

Reprieves and

offenses.

except treason and cases of impeachment, upon such conpardons for ditions and with such restrictions and limitations as he

may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he shall have the power to suspend the execution of the sentence until the case shall be reported to the Legislature at its next meeting, when the Legislature shall either pardon, direct the execution of the sentence, or grant a further reprieve. He shall communicate to the Legislature, at the beginning of every session, every case of reprieve or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the pardon or reprieve.

Көeper of the great seal.

SEC. 14. There shall be a seal of this State, which shall be kept by the Governor, and used by him officially and shall be called “The Great Seal of the State of Cali. fornia,"

Sign and seal grants and commissions.

SEC. 15. All grants and commissions shall be in the name and by the authority of The People of the State of California, sealed with the Great Seal of the State, signed by the Governor, and countersigned by the Secretary of State.

Of the
Lieutenant
Governor.

SEC. 16. A Lieutenant Governor shall be elected at the same time and places, and in the same manner, as the Governor; and his term of office, and his qualifications of eligibility, shall also be the same. He shall be President of the Senate, but shall only bave a casting vote therein. If, during a vacancy of the office of Governor, the Lieutenant Governor shall be impeached, displaced, resign, die, or become incapable of performing the duties of his office, or be absent from the State, the President of the Senate sball act as Governor until the vacancy be filled or the disability shall cease.

Sec. 17. In case of the impeachment of the Governor, or bis removal from office, death, inability to discharge the powers and duties of the said office, resignation, or absence from the State, the powers and duties of the office When

powers of shall devolve upon the Lieutenant Governor for the resi- Governor

devolve on due of the term, or until the disability shall cease. But Lieutenant

Governor. when the Governor shall, with the consent of the Legis. lature, be out of the State in time of war, at the head of any military force thereof, he shall continue Commander in Chief of all the military forces of the State.

Sec. 18. A Secretary of State, a Controller, a Treas. Election

and terms urer, an Attorney General, and a Surveyor General shall of other

State be elected at the same time and places, and in the same officers. manner as the Governor and Lieutenant Governor, and whose term of office shall be the same as the Governor.

NOTE.-All elective officers connected with the Executive Department of the State Government must be elected at the same time.-Brooks vs. Melony, 15 Cal., p. 58; reversing in part People vs. Whitman, 10 Cal.,

p. 116.

SEC. 19. The Secretary of State shall keep a fair record Duties of

Secretary of the official acts of the Legislative and Executive of State. Departments of the Government, and shall, when required, lay the same, and all matters relative thereto, before either branch of the Legislature, and shall perform such other duties as may be assigned him by law; and in order that no inconvenience may result to the public service from the taking effect of the amendments proposed to said Article V by the Legislature of eighteen hundred and sixty-one, no officer shall be superseded or suspended thereby, until the election and qualification of the several officers provided for in said amendments.

Seo. 20. The Controller, Treasurer, Attorney General, Election and Surveyor General, shall be chosen by joint vote of officers for the two Houses of the Legislature at their first session under this Constitution, and thereafter shall be elected at the same time and places, and in the same manner, as the Governor and Lieutenant Governor.

first term,

Sec. 21. The Governor, Lieutenant Governor, Secre- Compensa

tion. tary of State, Controller, Treasurer, Attorney General, and Surveyor General, shall each, at stated times during

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