GEORGIA CONSTITUTION OF 1976
(text as ratified by Georgia voters on November 2, 1976)

 

 

 

ARTICLE V.

EXECUTIVE BRANCH

SECTION I.

ELECTION OF GOVERNOR AND LIEUTENANT GOVERNOR

Paragraph I. Governor; Term of Office; Compensation and Allowances. The executive power shall be vested in a Governor, who shall hold his office during the term of four years, and until his successor shall be chosen and qualified. The Governor serving on the effective date of this Constitution and future Governors shall not be eligible to succeed themselves and shall not be eligible to hold the office until after the expiration of four years from the conclusion of the term of office. The compensation and allowances of the Governor shall be as provided by law. During his term of office he shall not receive any other emolument from the United States, or either of them, or from any foreign power.

Paragraph II. Election for Governor. The first election for Governor, under this Constitution, shall be held on Tuesday after the first Monday in November of 1978, and the Governor-elect shall be installed in office at the next session of the General Assembly. An election shall take place quadrennially thereafter, on said date, until another date be fixed by the General Assembly. Said election shall be held at the places of holding general elections in the several counties of this State, in the manner prescribed for the election of members of the General Assembly, and the electors shall be the same.

Paragraph III. Transmission, Canvassing and Publishing Election Returns. The returns of each election district in a gubernatorial election shall be sealed up by the superintendent thereof separately from other returns and shall be transmitted to the Secretary of State. On the Tuesday next following the general election, unless the date therefor shall be changed by law, the Secretary of State shall transmit said returns to a Constitutional Officers Election Board which shall be composed of the Speaker and Clerk of the House of Representatives, the President Pro Tempore and the Secretary of the Senate, and the chairman of each standing committee of the General Assembly. Such Board shall open and publish the returns, and the person having the majority of the whole number of votes shall be declared duly elected Governor of this State. Each candidate for Governor shall be entitled to designate one person to be present at the opening of the returns.

Paragraph IV. Run-off Election. In the event no gubernatorial candidate receives a majority of the whole number of votes cast in the general election, the Constitutional Officers Election Board shall continue the gubernatorial election by immediately calling a run-off election and designate as candidates therein the two persons who received the highest number of votes, who continue in life and have not declined to continue as a gubernatorial candidate. This run-off election shall be held on the third Tuesday immediately following the general election unless the date thereof shall be changed by the General Assembly. The run-off election shall be a continuation of the general election and only the electors who were entitled to vote in the general election shall be entitled to vote therein; and only those votes cast for the two persons designated shall be counted in the tabulation and canvass of the votes cast. The provisions relating to the transmission of the returns in the general election, the opening of the returns, their tabulation, canvassing and publication shall apply to the run-off election. On the Tuesday next following the run-off election, the Constitutional Officers Election Board shall convene, open, canvass, tabulate and publish the returns of the run-off election. The person having the highest number of votes entitled to be counted in the run-off election shall be declared the duly elected Governor of this State.

Paragraph V. General Assembly may Provide Additional Procedures. The General Assembly may provide by law for any additional procedures or requirements connected with any subject matter embraced within Paragraphs III and IV and in connection with any contested election, provided such laws are not inconsistent with the provisions therein.

Paragraph VI. Lieutenant Governor. There shall be a Lieutenant Governor, who shall be elected at the same time, for the same term, and in the same manner as the Governor. He shall be President of the Senate. The Compensation and allowances of the Lieutenant Governor shall be as provided by law.

Paragraph VII. Qualifications of Governor and Lieutenant Governor. No person shall be eligible to the office of Governor or Lieutenant Governor, who shall not have been a citizen of the United States fifteen years, and a citizen of the State six years immediately preceding his election, and who shall not have attained the age of thirty years when he assumes office.

Paragraph VIII. Succession to Executive Power. In case of the death, resignation, or disability of the Governor or the Governor-Elect, the Lieutenant Governor or the Lieutenant Governor-Elect upon becoming the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor until the next general election, at which a successor to the Governor shall be elected for the unexpired term; but if such death, resignation, or disability shall occur within thirty days of the next general election, or if the term will expire within ninety days after the next general election, the Lieutenant Governor shall exercise the executive power and receive the compensation of the Governor for the unexpired term. If the Lieutenant Governor shall become a candidate for the unexpired term of the Governor, he shall thereby resign his office as Lieutenant Governor, effective upon the qualification of the Governor elected for the unexpired term, and his successor for the unexpired term shall be elected at such election. In case of the death, resignation, or disability of both the Governor and the Lieutenant Governor, the Speaker of the House of Representatives shall exercise the executive power until the removal of the disability or the election and qualification of a Governor at a special election, which shall be held within sixty days from the date on which the Speaker of the House of Representatives shall assume the executive power.

Paragraph IX. Oath of Office. The Governor shall, before he enters on the duties of his office, take the following oath or affirmation: "I do solemnly swear (or affirm, as the case may be) that I will faithfully execute the office of Governor of the State of Georgia, and will, to the best of my ability, preserve, protect, and defend the Constitution thereof, and the Constitution of the United State of America."

SECTION II.

DUTIES AND POWERS OF GOVERNOR

Paragraph I. Commander-in-Chief. The Governor shall be commmander [sic.]-in-chief of the army and navy of this State, and of the militia thereof.

Paragraph II. Reprieves and Pardons. The Governor shall have power to suspend the execution of a sentence of death, after conviction, for offenses against the State, until the State Board of Pardons and Paroles, hereinbefore provided, shall have an opportunity of hearing the application of the convicted person for any relief within the power of such Board, or for any other purpose which may be deemed necessary by the Governor. Upon conviction for treason the Governor may only suspend the execution of the sentence and report the case to the General Assembly at the next meeting thereof, when the General Assembly shall either pardon, commute the sentence, direct its execution or grant a further reprieve. The Governor shall, at each session of the General Assembly, communicate to that body each case of suspension of sentence, stating the name of the convict, the offense for which he was convicted, the sentence and its date, the date of the reprieve or suspension, and the reasons for granting the same. He shall take care that the laws are faithfully executed, and shall be a conservator of the peace throughout the State.

Paragraph III. Writs of Election; Called Sessions of the General Assembly. The Governor shall issue writs of election to fill all vacancies that may happen in the Senate and the House of Representatives, and shall give the General Assembly, from time to time, information on the state of the State, and recommend for its consideration such measures as he may deem necessary or expedient. The Governor shall have power to convoke the General Assembly on extraordinary occasions, but no law shall be enacted at called sessions of the General Assembly, except such as shall relate to the object stated in his proclamation convening them; providing that such called sessions of the General Assembly shall not exceed 70 days in length, unless at the expiration of said period there shall be pending an impeachment trial of some officer of the State Government in which event the General Assembly will be authorized to remain in session until such trial shall have been completed.

Provided, however, that when three-fifths of the members elected to the House of Representatives and three-fifths of the members elected to the Senate shall have certified to the Governor of the State of Georgia that in their opinion and emergency exists in the affairs of the State of Georgia, it shall thereupon be the duty of said Governor and mandatory upon him, within five days from the receipt of such certificate or certificates, to convene said General Assembly in extraordinary session for all purposes; and in the event said Governor shall, within said time, Sundays excluded, fail or refuse to convene said General Assembly as aforesaid, then and in that event said General Assembly may convene itself in extraordinary session, as if convened in regular session, for all purposes, provided that such extraordinary, self convened session shall be limited to a period of 30 days, unless at the expiration of said period, there shall be pending an impeachment trial of some officer of the State Government, in which event the General Assembly shall be authorized to remain in session until such trial shall have been completed.

The members of the General Assembly shall receive the same compensation and allowances during such extraordinary session as provided by law during a regular session.

Paragraph IV. Filling Vacancies. When any office shall become vacant, by death, resignation, or otherwise, the Governor shall have power to fill such vacancy, unless otherwise provided by law; and persons so appointed shall continue in office until a successor is commissioned, agreeably to the mode pointed out by this Constitution, or by law in pursuance thereof.

Paragraph V. Appointments Rejected. A person once rejected by the Senate, shall not be reappointed by the Governor to the same office during the same session, or the recess thereafter.

Paragraph VI. Governor's veto. The Governor shall have the revision of all bills passed by the General Assembly before the same shall become laws, but two-thirds of each House may pass a law notwithstanding his veto; and if any bill should not be returned by the Governor within five days (Sundays excepted) after it has been presented to him, the same shall be a law; unless the General Assembly, by their adjournment, shall prevent its return, in which event the Governor shall have thirty days (Sundays excepted) from the date of adjournment in which to approve the same, and if not approved within that time, the same shall become a law. He may approve any appropriation, and veto any other appropriation, in the same bill, and the latter shall not be effectual unless passed by two-thirds of each House.

Whenever such bill has been vetoed by the Governor, it shall be the duty of the Governor to transmit such bill to the presiding officer of the Branch of the General Assembly in which it originated, together with a list of reasons, if any, for such veto. Such transmission shall be made within thirty-five days (Sundays excepted) from the date of the adjournment of the Session of the General Assembly at which such bill was passed. Such bill may be considered by the Branch of the General Assembly in which it originated at any time within the first ten days of the next regular Session of the General Assembly for the purpose of overriding the action of the Governor. In the event the action of the Governor is overridden by two-thirds of the votes of such Branch of the General Assembly the same shall be immediately transmitted by the Secretary of or the Clerk of such Branch of the General Assembly to the other Branch of the General Assembly. It shall be the duty of the presiding officer of such other Branch of the General Assembly upon receiving such Bill to dispense with all business that is then being considered and to then and there consider and act upon such Bill for the purpose of overriding the action of the Governor. In the event the action of the Governor is overridden by two-thirds of the votes of such Branch of the General Assembly such Bill shall become law. In the event either Branch of the General Assembly should fail to override the Governor's action on a Bill, such Bill shall not again be presented to the General Assembly of Georgia for the purpose of overriding the action of the Governor. In the event any bill is enacted into law pursuant to the terms of this paragraph, the effective date of such bill shall be on the date that such bill was acted upon by the Branch of the General Assembly last acting upon such bill.

Provided, however, that any bills that are vetoed by the Governor after the adjournment of the regular session of the General Assembly immediately preceding the general election in which the Governor is elected, shall not be subject to be overridden by the next regular session of the General Assembly.

Paragraph VII. Governor to Approve Resolutions, Etc. Every vote, resolution, or order, to which the concurrence of both houses may be necessary, except on a question of election or adjournment, shall be presented to the Governor, and before it shall take effect be approved by him, or, being disapproved, shall be repassed by two-thirds of each house, provided, however, that nothing contained in this Article shall be construed to confer on the Governor the right to veto or enter his disapproval of any proposal made by the General Assembly to amend this Constitution or to provide for a new Constitution.

Paragraph VIII. Information from Officers and Employees; Suspension of Officers. The Governor may require information in writing from Constitutional officers, department heads, and all State employees, on any subject relating to the duties of their respective offices or employment. The General Assembly shall have authority to provide by law for the suspension of any Constitutional officer or department head from the discharge of the duties of his office, and also for the appointment of a suitable person to discharge the duties of the same.

SECTION III.

OTHER ELECTED EXECUTIVE OFFICERS

Paragraph I. Executive Officers, How Elected. The Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, and the Commissioner of Labor shall be elected by the persons qualified to vote for members of the General Assembly at the same time, and in the same manner as the Governor. The provisions of the Constitution as to the transmission, tabulation and canvassing of the returns of the election, runoff elections, contested elections, and declaration of the results of the election, applicable to the election of Governor, shall apply to the election of the above-named executive officers; and they shall be commissioned by the Governor and hold their offices for the same time as the Governor. In case of the death or withdrawal of a person having received a majority of the whole number of votes cast in an election for any of the above-named offices, the Governor elected at such election, upon becoming Governor, shall have the power to fill such office by appointing, subject to the confirmation of the Senate, an individual to serve until the next general election at which time a successor shall be elected to serve out the unexpired term of office.

Paragraph II. Duties, Authority, and Compensation and Allowances of Other Executive Officers. The General Assembly shall have power to prescribe the duties, authority, and compensation and allowances of the executive officers, and to provide help and expenses necessary for the operation of the department of each.

Paragraph III. Profit From Use of Public Money. No State official shall be allowed, directly or indirectly, to receive any fee, interest, or reward from any person, bank, or corporation for the deposit, or use, in any manner, of the public funds, and the General Assembly shall enforce this provision by suitable penalties.

Paragraph IV. Qualifications. No person shall be eligible to the office of the Secretary of State, Attorney General, State School Superintendent, Comptroller General, Commissioner of Agriculture, or Commissioner of Labor, unless he shall have been a citizen of the United States for ten years, shall have resided in this State for six years next preceding his election, and shall be at least twenty-five years of age when elected. All of said officers shall give bond and security, under regulation to be prescribed by law, for the faithful discharge of their duties.

Paragraph V. Fees and Perquisites Denied. No State official named in Paragraph I of this section shall be allowed any fee, perquisite or compensation other than his compensation and allowances as prescribed by law, except his necessary expenses when absent from the seat of government on business for the State.

Paragraph VI. Great Seal; What Constitutes; Custody; When Affixed to Instruments. The great seal of the State shall be deposited in the office of the Secretary of State and shall not be affixed to any instrument of writing except by order of the Governor or General Assembly, and that now in use shall be the great seal of the State until otherwise provided by law.

Return to top of Article V page

Go to Article VI

Return to Georgia Constitution of 1976 table of contents

Return to Georgia Constitution Web Page