South Carolina Constitution

Article IV, § 12 — Disability of Governor

South Carolina Const. art. IV, § 12

This text of South Carolina Const. art. IV, § 12 (Disability of Governor) is published on Counsel Stack Legal Research, covering South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

JurisdictionSouth CarolinaDocumentConstitution
ArticleIV
Section§ 12
CitationSouth Carolina Const. art. IV, § 12
Bluebook
S.C. Const. art. IV, § 12.

Full Text

(1) Whenever the Governor transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that he is unable to discharge the powers and duties of his office, and until he transmits to them a written declaration to the contrary, such powers and duties shall be discharged by the Lieutenant Governor as acting Governor. (2) Whenever a majority of the Attorney General, the Secretary of State, the Comptroller General, and the State Treasurer, or of such other body as the General Assembly may provide, transmits to the President of the Senate and the Speaker of the House of Representatives a written declaration that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall forthwith assume the powers and duties of the office as acting Governor. Thereafter, if the Governor transmits to the President of the Senate and the Speaker of the House of Representatives his written declaration that no such inability exists, he shall forthwith resume the powers and duties of his office unless a majority of the above members or of such other body, whichever the case may be, transmits within four days to the President of the Senate and the Speaker of the House of Representatives their written declaration that the Governor is unable to discharge the powers and duties of his office. Thereupon, the General Assembly shall forthwith consider and decide the issue, and if not in session, it shall assemble within forty-eight hours for the sole purpose of deciding such issue. If the General Assembly, within twenty-one days, excluding Sundays, after the first day it meets to decide the issue, determines by two-thirds vote of each House that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall continue to discharge the same as acting Governor; otherwise, the Governor shall resume the powers and duties of his office.

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History

HISTORY: 1972 (57) 3171; 1973 (58) 48; 2014 Act No. 214 (S.446), § 1.F, eff November 6, 2018.

Cite This Page — Counsel Stack

Bluebook (online)
South Carolina Const. art. IV, § 12, Counsel Stack Legal Research, https://law.counselstack.com/constitution/sc/IV/12.