Article IV: Executive Department

SECTION 1: OFFICE AND TERM

The supreme executive power of the State of San Andreas shall be vested in a Governor. The Governor shall be elected by the qualified voters of the State for a term of four years. The Governor shall serve until a successor is duly elected and qualified. No person shall serve more than eight (8) years total as governor.

SECTION 2: QUALIFICATIONS

To be eligible for the office of Governor, a person must be a citizen of the United States, a resident of the State of San Andreas for at least five years preceding the election, and have attained the age of thirty years.

SECTION 3: POWERS AND DUTIES

The Governor shall be the Commander-in-Chief of the military forces of the State, except when they shall be called into the service of the United States Military. The Governor shall have the power to grant reprieves, commutations, and pardons for all offenses after conviction, except in cases of treason or impeachment. It shall be the Governor's duty to see that the laws are faithfully executed.

SECTION 4: LIEUTENANT GOVERNOR

There shall be a Lieutenant Governor, who shall be elected at the same time and for the same term as the Governor. The Lieutenant Governor shall possess the same qualifications as the Governor. The Lieutenant Governor shall be the first in line of succession to the office of Governor in the case of the Governor’s death, resignation, removal from office, or inability to discharge the powers and duties of said office. In the event of a vacancy in the office of Governor, the Lieutenant Governor shall become Governor for the remainder of the term.

SECTION 5: CABINET

The Governor shall establish a Cabinet, which shall serve as a principal advisory body. The Cabinet shall consist of the heads of the state departments, as well as such other officers as the Governor may designate. These state officers shall be nominated by the Governor and confirmed by a vote of no less than fifty-five percent (55%) of the Senate. The Cabinet's role is to advise the Governor on matters related to the duties of their respective offices and to assist in the faithful execution of the laws.

SECTION 6: SPECIAL SESSIONS

(a) The Governor of the State of San Andreas shall have the authority to convene the General Assembly in special session, whenever in the Governor’s judgment the public welfare, safety, or necessity shall so require.

(b) Upon the issuance of a proclamation by the Governor, the General Assembly shall assemble at the time and place therein designated, and shall remain in session only for the purposes specified in such proclamation, except as otherwise provided by law.

(c) The Governor may, in like manner, adjourn such special session to a date certain, provided that no adjournment shall extend beyond the time fixed for the convening of the next regular session, nor shall any adjournment interfere with the constitutional duty of the General Assembly to complete its regular business.

(d) Notice of the convening of a special session shall be transmitted to the presiding officers of each chamber of the General Assembly and made public forthwith, so that the members may be duly apprised and the citizens of the State properly informed.

SECTION 7: PRESIDING AUTHORITY

(a) The Lieutenant Governor of the State of San Andreas shall serve as the President of the General Assembly and shall exercise general supervision over its proceedings, subject to the rules of order adopted by the Assembly.

(b) The Lieutenant Governor shall preserve order and decorum in the chamber, recognize members entitled to the floor, and ensure the proper observance of parliamentary procedure, provided that such authority shall not diminish the constitutional prerogatives of the Assembly itself.

(c) The Lieutenant Governor shall not ordinarily participate in debate or vote upon any measure pending before the General Assembly. However, in all cases where the members of the Assembly are equally divided, the Lieutenant Governor shall be empowered to cast the deciding vote, and such vote shall carry the same force and effect as that of any elected member.

(d) The General Assembly may, by rule or resolution consistent with this Constitution, provide for the manner in which the Lieutenant Governor’s presiding authority shall be exercised, but no such rule or resolution shall abrogate the Lieutenant Governor’s constitutional right to cast a vote in the case of an equal division.

SECTION 8: GUBERNATORIAL SUCCESSION

(a) In the event of a vacancy in the Office of Governor, or when the Governor is unable to discharge the powers and duties of the office due to death, resignation, impeachment and removal, permanent incapacity, or any condition rendering the Governor unable to serve, executive authority shall immediately devolve, in the following order, upon the Lieutenant Governor, President of the Senate, Speaker of the House of Representatives, Senate Minority Leader, and House Minority Leader, provided each is eligible under Article IV, Section 2. No person may serve as Governor or Acting Governor unless so eligible.

(b) Before assuming such authority, the next eligible officer shall undergo expedited certification of eligibility by the Secretary of State, the Chief Justice of the Supreme Court or the most senior available Associate Justice, and the Attorney General; a unanimous determination of ineligibility shall advance succession to the next officer.

(c) The Governor may declare temporary incapacity in writing to the Secretary of State, whereupon the Lieutenant Governor shall serve as Acting Governor until the Governor declares recovery. If the Governor is unable or unwilling to do so, a majority of the Executive Council, consisting of the Lieutenant Governor, Attorney General, Secretary of State, and Treasurer, may declare incapacity in writing, upon which the Lieutenant Governor shall immediately assume such authority. If contested, the General Assembly shall convene within seventy-two hours and may uphold the declaration by a two-thirds vote of its entire membership; failing such approval, the Governor shall resume the powers of office.

(d) An Acting Governor shall exercise all powers of the Governor, except that an Acting Governor serving solely due to temporary incapacity shall not appoint a Justice of the Supreme Court, veto or sign legislation passed prior to the incapacity, remove elected officials, or issue executive orders with permanent legal effect beyond sixty days without legislative approval. These limitations shall not apply in the case of a permanent vacancy.

(e) Upon a permanent vacancy, the successor shall serve the remainder of the unexpired term, and any legislator assuming the office of Governor or Acting Governor shall immediately resign their legislative office, with the vacancy filled as provided by this Constitution.

(f) If no officer in the line of succession is able, eligible, or willing to serve, the General Assembly may, by concurrent resolution adopted by two-thirds of each chamber, designate an eligible constitutional officer as Acting Governor until succession is restored or a Governor is elected. The Supreme Court shall have exclusive and expedited jurisdiction over all disputes arising under this Section, which shall supersede any inconsistent law.