Article II, § 10A

(a) Except as provided in subsection (b) of this section, a Governor may not appoint a person to an office in the Executive Branch of State Government during: (1) The period between a primary election in which the Governor is not renominated or is ineligible to succeed himself and the inauguration of the next succeeding Governor; or (2) If the Governor is nominated in the primary election but defeated in the general election, the period between the general election and the inauguration of the next succeeding Governor. (b) In an emergency during the periods described in subsection (a) of this section, a Governor may appoint a person to an office in the Executive Branch that the Governor has the power to fill on a temporary basis upon filing a statement of emergency with the Secretary of State. Appointments made under this subsection are subject to the approval of the next succeeding Governor, who may remove the temporary officeholder and appoint a replacement .