Kentucky Const. art. The Executive Department, § 84

Kentucky Constitution

Article The Executive Department, § 84 — When Lieutenant Governor to act as Governor — President of the Senate not to preside at impeachment of Governor — Certification of disability of Governor

This text of Kentucky Const. art. The Executive Department, § 84 (When Lieutenant Governor to act as Governor — President of the Senate not to preside at impeachment of Governor — Certification of disability of Governor) is published on Counsel Stack Legal Research, covering Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

JurisdictionKentucky DocumentConstitution

ArticleThe Executive Department

Section§ 84

CitationKentucky Const. art. The Executive Department, § 84

Bluebook

Ky. Const. art. The Executive Department, § 84.

Full Text

Should the Governor be impeached and removed from office, die, refuse to qualify, resign, certify by entry on his Journal that he is unable to discharge the duties of his office, or be, from any cause, unable to discharge the duties of his office, the Lieutenant Governor shall exercise all the power and authority appertaining to the office of Governor until another be duly elected and qualified, or the Governor shall be able to discharge the duties of his office. On the trial of the Governor, the President of the Senate shall not preside over the proceedings, but the Chief Justice of the Supreme Court shall preside during the trial. If the Governor, due to physical or mental incapacitation, is unable to discharge the duties of his office, the Attorney General may petition the Supreme Court to have the Governor declared disabled. If the Supreme Court determines in a unanimous decision that the Governor is unable to discharge the duties of his office, the Chief Justice shall certify such disability to the Secretary of State who shall enter same on the Journal of the Acts of the Governor, and the Lieutenant Governor shall assume the duties of the Governor, and shall act as Governor until the Supreme Court determines that the disability of the Governor has ceased to exist. Before the Governor resumes his duties, the finding of the Court that the disability has ceased shall be certified by the Chief Justice to the Secretary of State who shall enter such finding on the Journal of the Acts of the Governor.

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Should the Governor be impeached and removed from office, die, refuse to qualify, resign, certify by entry on his Journal that he is unable to discharge the duties of his office, or be, from any cause, unable to discharge the duties of his office, the Lieutenant Governor shall exercise all the power and authority appertaining to the office of Governor until another be duly elected and qualified, or the Governor shall be able to discharge the duties of his office. On the trial of the Governor, the President of the Senate shall not preside over the proceedings, but the Chief Justice of the Supreme Court shall preside during the trial. If the Governor, due to physical or mental incapacitation, is unable to discharge the duties of his office, the Attorney General may petition the Supreme Court to have the Governor declared disabled. If the Supreme Court determines in a unanimous decision that the Governor is unable to discharge the duties of his office, the Chief Justice shall certify such disability to the Secretary of State who shall enter same on the Journal of the Acts of the Governor, and the Lieutenant Governor shall assume the duties of the Governor, and shall act as Governor until the Supreme Court determines that the disability of the Governor has ceased to exist. Before the Governor resumes his duties, the finding of the Court that the disability has ceased shall be certified by the Chief Justice to the Secretary of State who shall enter such finding on the Journal of the Acts of the Governor.

History

Text as Ratified on: November 3, 1992. History: 1992 amendment was proposed by 1992 Ky. Acts ch. 168, sec. 7; original version ratified August 3, 1891, and revised September 28, 1891.

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Bluebook (online)

Kentucky Const. art. The Executive Department, § 84, Counsel Stack Legal Research, https://law.counselstack.com/constitution/ky/The Executive Department/84.