THE CONSTITUTION OF 1865


ARTICLE V.

EXECUTIVE DEPARTMENT


Section 1. The supreme executive power of this state shall be vested in a chief magistrate, who shall be styled the Governor of the State of Alabama.

Section 2. The Governor shall be elected by the qualified electors, at the time and places at which they shall respectively vote for representatives.

Section 3. The returns of every election for Governor shall be sealed up, and transmitted to the seat of government, directed to the speaker of the house of representatives, who shall, during the first week of the session, open and publish them in the presence of both houses of the General Assembly. The person having the highest number of votes, shall be Governor ; but, if two or more shall be equal and highest in votes, one of them shall be chosen Governor by the joint vote of both houses. Contested elections for Governor shall be determined by both houses of the General Assembly, in such manner as shall be prescribed by law.

Section 4. The Governor shall hold his office for the term of two years from the time of his installation, and until his successor shall be qualified, but shall not be eligible for more than four years in any term of six years ; he shall be at least thirty years of age, a native citizen of the United States , and shall have resided in this State at least four years next preceding the day of his election.

Section 5. He shall, at stated times, receive a compensation for his services, which shall not be either increased or diminished during the term for which he shall have been elected.

Section 6. He shall always reside, during the session of the General Assembly, at the place where their session may be held, and at other times wherever, in their opinion, the public good may require.

Section 7. He shall be commander in chief of the army and navy of this State, and of the militia thereof, except when they shall be called into the service of the United States ; and when acting in the service of the United States, the General Assembly shall fix his rank.

Section 8. He shall have power to call forth the militia to execute the laws of the State, to suppress insurrections, and to repel invasions ; and shall appoint his aids-de-camp.

Section 9. He may require from the secretary of State, the comptroller of public accounts, and the State treasurer, information in writing on any subject relating to the duties of their respective offices.

Section 10. He may, by proclamation, on extraordinary occasions, convene the General Assembly at the seat of government, or at a different place, if, since their last adjournment, that shall have become dangerous, from an enemy, or from contagious disorders ; and in case of disagreement between the two houses, with respect to the time of adjournment, he may adjourn them to such time as he may think proper, not beyond the day of the next annual meeting of the General Assembly.

Section 11. He shall, from time to time, give to the general Assembly information of the state of the government, and recommend to their consideration such measures as he may deem expedient.

Section 12. He shall take care that the laws are faithfully executed.

Section 13. In all criminal and penal cases, except those of treason and impeachment, he shall have power to grant reprieves and pardons, and to remit fines and forfeitures, under such rules and regulations as may be prescribed by law ; and in cases of treason, he shall have power, by and with the advice and consent of the senate, to grant reprieves and pardons, and, in the recess of the senate, he may respite the sentence until the end of the next session of the General Assembly.

Section 14. There shall be a great seal of the State, which shall be kept and used by the Governor officially ; and the seal now in use shall continue to be the great seal of the State, until another shall have been adopted by the General Assembly.

Section 15. Vacancies that may happen in offices, the appointment of which is vested in the General Assembly, shall, during the recess of the General Assembly, be filled by the Governor, by granting commissions, which shall expire at the end of the next session.

Section 16. Every bill, which shall have passed both houses of the General Assembly, shall be presented to the Governor : if he approve, he shall sign it, but if not, he shall return it, with his objections, to the house in which it originated, who shall enter the objections at large upon the journals, and proceed to reconsider it ; if, after such reconsideration, a majority of the whole number elected to that house shall agree to pass the bill, it shall be sent, with the objections, to the other house by whom it shall likewise be reconsidered, and, if approved by a majority of the whole number elected to that house, it shall become a law ; but, in such cases, the votes of both houses shall be determined by yeas and nays, and the names of the members voting for or against the bill shall be entered on the journals of each house respectively. If any bill shall not be returned by the Governor, within five days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it ; unless the General Assembly, by their adjournment, prevent its return, in which case it shall not be a law.

Section 17. Every order, resolution, or vote, to which the concurrence of both houses may be necessary, (except on questions of adjournment, and for bringing on elections by the two houses,) shall be presented to the Governor, and, before it shall take effect, be approved by him, or being disapproved, shall be repassed by both houses, according to the rules and limitations prescribed in the case of a bill.

Section 18. No person shall, at one and the same time, hold the office of Governor, and any other office or commission, civil or military, either under this State, the United States, or any other State or government.

Section 19. In case of the impeachment of the Governor, his removal from office, death, refusal to qualify, resignation, or absence from the State, the president of the senate shall exercise all the power and authority appertaining to the office of Governor, until the time appointed by the constitution for the election of Governor shall arrive, (unless the General Assembly shall provide by law for the election of a Governor to fill such vacancy,) or until the Governor who is absent or impeached shall return or be acquitted ; and if during such vacancy in the office of Governor, the president of the senate shall be impeached, removed from office, refuse to qualify, die, resign, or be absent from the State, the speaker of the house of representatives shall, in like manner, administer the government.

Section 20. The president of the senate, and the speaker of the house of representatives, shall, during the time they respectively administer the government, receive the same compensation which the Governor would have received, if he had been employed in the duties of his office.

 


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