What happens if a governor neglects his duties

With respect to Article III, Section 26 of the Constitution, the legislature may remove and impeach the governor or the lieutenant governor. When the lieutenant governor takes over, his or her official title is 'Lieutenant Governor, Acting Governor'. Regardless of the officer who takes over as acting governor, that individual shall have all the powers and rights of the elected governor, if not the title.

If a governor-elect dies without taking office, the individual elected on the same ballot as the lieutenant governor shall take office and serve as the governor. Any time a sitting Governor communicates in writing to the President of the Senate and the Speaker of House of Representatives that he or she is unable to discharge the office, that action shall be taken to consider the office of the governor vacant.

At any time, the Chief Justice and a majority of the Associate Justices of the Massachusetts Supreme Court may deliver an opinion to the Senate and House that they have found the governor unfit to discharge the office; in such an instance, the governorship shall also be considered to be vacant.

Whether a governor declared himself or herself temporarily unfit or the courts found him or her unfit, the governor may deliver, to the legislature, a written statement that he or she is fit to return to office. Unless the Supreme Court contests that declaration, the governor shall return to office within four days. If the Supreme Court does challenge the governor's return to office, Article XCI of the Amendments to the Constitution lays out a process for hearing and a final decision.

Regardless of who initiated the decision about the governor's disability, if that disability continues for six months and if more than five months remain until the next biennial election, a special election shall be held for the remainder of the governor's term. Details of vacancy appointments are addressed under Article V, Section In the event of the governor's death, resignation, impeachment and conviction, or removal from office, the line of succession begins with the lieutenant governor , the elected secretary of state , and then the elected attorney general.

The same line of succession applies if a governor-elect dies, which the caveat that it is the elected, or re-elected, individuals who would have taken office in the New Year. For the temporary absence or inability of the governor, the same individuals will take over the office, but only until the governor returns or recovers. Determining a permanent inability of the governor is at the discretion of the Supreme Court of Michigan, which shall take up the matter only after receiving a joint petition from the President Pro Tem of the Senate and the Speaker of the House of Representatives.

If a majority of the court rules that the governor is indeed unfit for office, that determination shall be final and may only be reversed by the same Court. Details of vacancy appointments are addressed under Article V, Section 5.

At any time that the governor is unable to discharge the office, the Lieutenant Governor of Minnesota succeeds to the office. In the event of a vacancy in the lieutenant governorship, the least elected presiding officer of the Senate, which is to say, the Senate President Pro Tem shall succeed to that office. Details of vacancies are addressed under Article V, Section In the event of a temporary vacancy in the governorship, due to illness, absence, or disability, the office shall first devolve to the lieutenant governor , followed by the President Pro Tem of the Senate and then the Speaker of the House of Representatives.

Should all three of those officers be unable to discharge the office of the governor, the Mississippi Secretary of State shall convene a special session of the Senate wherein its members shall elect a new President Pro Tem who will be able to serve as acting governor. Any individual acting as the governor receives the base compensation for his or her elected office plus the difference between that wage and the gubernatorial salary.

Acting governors have the full powers and emoluments of the office. If there is a question of the governor's permanent disability or of whether a temporarily absent governor is fit to resume the office, then the secretary of state shall request that the Mississippi Supreme Court investigate and decide the matter.

Once delivered in writing to the Secretary of State, that opinion is "final and conclusive. Details of vacancies are addressed under Article IV, Sections 11 a , b , and c.

Should a Governor-elect die before taking office, the Lieutenant Governor-elect shall be sworn in as the Governor. At any time that the sitting governor dies, resign, or is convicted or impeached, the Lieutenant Governor shall take over the office.

Similarly, in the case of a temporary or permanent disability, the Lieutenant Governor is first in the line of succession. Regardless of the reason for the vacancy, the line of succession after the Lieutenant Governor is the same:. The Governor may state his or her temporary disability in writing to the Senate President Pro Tem and the Speaker of the House, at which point the governorship shall be vacant until the Governor indicates in writing to the same two officers that he or she is ready to resume the office.

A disability board made up of the same individuals in the line of succession as well as the Majority Floor Leaders in each chamber may convene to challenge a governor's declaration that is fit to resume office or initiate a hearing into the governor's fitness for office. If that board chooses to recommend the governor not discharge the office, they will deliver that decision to the President Pro Tem and the Speaker, who will, in turn, inform the Missouri Supreme Court.

Any state officer who serves as Acting Governor is not considered to have vacated the office; that officer's chief administrative staffer shall discharge the office until the elected officer returns. Details of vacancies are addressed under Article VI, Section If a governor-elect dies, is disqualified, or declines to take office, the lieutenant governor-elect takes offices and serves as governor.

If the governor-elect is unable to take office on inauguration day, the lieutenant governor-elect served as acting governor only until the elected Governor is able to take office. The lieutenant governor also becomes acting governor when the governor so requests in writing, when the governor's illness or disability renders him or her unable to make that request, and automatically whenever the governor has been absent from office for 45 days.

The lieutenant governor and the attorney general may together recommend that the Governor be found unfit to serve and convene the legislature to consider the question.

Under such circumstances, the legislature has 21 days to consider the motion and may declare the governor until by a two-thirds vote. The lieutenant governor then becomes the acting governor and the elected governor retains the prerogative to attest that he or she is able to resume the office. If the governor takes this step, the legislature has 15 days to contest the declaration.

Lastly, the lieutenant governor assumes the governorship and serves the remainder of the term if the governor dies, resigns, or is disqualified while in office. Details of vacancy appointments are addressed under Article IV, Section If the governorship becomes vacant for any reason, the lieutenant governor and then the Speaker of the Legislature shall succeed.

The governor may also devolve powers to the lieutenant governor when the former is absent or temporarily unable to discharge the office. If a governor-elect is unable to take the office or is disqualified before being inaugurated, the lieutenant governor-elect is inaugurated in his or her place and serves the full term. Details of vacancy appointments are addressed under Article 5, Section Any time the elected governor dies, resigns, is impeached, or is temporarily or permanently unable to discharge the office, the powers and duties of the governorship shall devolve to the Lieutenant Governor of Nevada.

The lieutenant governor also serves as acting governor when the governor is absent unless the latter is absent in order to lead the state's militia and has done so with the consent of the legislature, in which case he or she remains the governor while actively serving as commander-in-chief.

Details of vacancy appointments are addressed under Executive Power, Section 49 and 49a. The state of New Hampshire lacks an office of the lieutenant governor, making the President of the Senate the first officer in the line of succession.

At any time he or she is mentally or physically unable to discharge the office, he or she shall notify the secretary of state and the senate president in writing. By notifying the same two officers again, he or she shall resume the office. The attorney general and a majority of the Executive Council may, when they believe the governor is mentally or physically unfit to serve but is unable or unwilling to take an absence from the office, petition the New Hampshire Supreme Court for a declaratory judgment.

The justices of the court shall hear the petition and shall also be in charge of considering a petition to consider declaring the governor able to resume her or his duties. If, either by written declaration or court judgment, the governor has been absent for six months, the General Court may, by concurrent resolution, declare the office vacant.

Similarly, if a governor-elect fails to take office for any reason other than death or resignation, the court may declare the office vacant six months after the inauguration date.

Whatever the reason for the vacancy, if more than one year remains in the current term, a special election shall be held. After the President of the Senate, the Speaker of the House , the secretary of state and the state treasurer are next in the line of succession.

Whoever is filling the office shall have the title of "acting governor" and shall have the full powers of the office. She or he receives compensation equal to that of an elected governor and takes no additional oath of office. The acting governor does not resign the office she or he was elected to and is instead suspended from those duties while serving as governor.

Details of vacancies are addressed under Article V, Section I, paragraph 6. If the governor's office becomes vacant through resignation, removal, or death, then the lieutenant governor succeeds to the office. After the lieutenant governor, the President of the New Jersey State Senate , followed by the Speaker of the New Jersey General Assembly , complete the constitutionally prescribed line of succession.

The same line order applies if a governor is absent or temporarily unable to discharge the office, as well as when the governor-elect fails to qualify. In such cases, the acting governor serves until the absence, disqualification, or illness ends. The acting governor shall have all the "functions, powers, duties, and emoluments" of the governor's office. If the governor has been absent or disqualified for six months, the Supreme Court of New Jersey , upon receipt of a concurrent resolution from the General Assembly, shall declare the office to be vacant.

The office shall be filled by an acting governor if less than one year remains in the current term; otherwise, a special election is called.

Details of vacancy appointments are addressed under Article V, Section 7. If a governor-elect dies, the lieutenant governor-elect shall take office as the governor. However, if a governor-elect fails to qualify, or, for some reason, no one has been elected by Inauguration Day, the lieutenant governor-elect shall take office as acting governor only until a governor does qualify.

The Constitution also allows the legislature to set the procedure for a special election if a governor-elect cannot qualify. Any temporary or permanent vacancy during a term is filed by the lieutenant governor , who has the full powers, duties, and emoluments of the governor.

If the lieutenant governor's office is also vacant, the line of succession is the secretary of state , the President Pro Tem of the New Mexico State Senate , and then the Speaker of the New Mexico House of Representatives. Details of vacancy appointments are addressed under Article IV, Sections 5 and 6. If a governor-elect declines to accept the office, the lieutenant governor-elect shall take office as the governor and serve the term. If the governor-elect fails to qualify or is temporarily unable to take the oath, the lieutenant governor-elect serves as the acting governor until the elected governor's disability is removed.

The lieutenant governor also ascends to the office whenever there is a temporary or permanent vacancy during a governor's term. In the event that the governor dies, resigns, or is removed, then the lieutenant governor becomes governor and serves the remainder of the term. If the governor is absent, impeached, or unable to discharge the office, the lieutenant governor becomes acting governor until the disability is removed or until the term expires.

If both offices are vacant, a special election shall be held at the next general election, provided it is not less than three months from the date both offices became vacant. The office of the lieutenant governor may never be elected without a governor also being elected. If the office of the lieutenant governor alone is vacant, the Senate President Pro Tem serves as the temporary lieutenant governor. In such an instance, the state Senate President Pro Tem shall serve as a temporary governor, followed by the state Speaker of the Assembly.

The lieutenant Governor-elect takes office as the governor if the governor-elect fails to qualify. The lieutenant governor also takes over as governor any time the sitting governor dies, resigns, or is removed from office.

If the governor is absent or unable to discharge the office due to mental or physical illness, the lieutenant governor becomes the acting governor. If the governor wishes to declare his or her temporary or permanent inability to discharge the office, he or she does so in writing, making a declaration to the attorney general. The governor may also resume the office by making a similar written declaration to the attorney general.

The General Assembly of North Carolina may take a vote and declare, by a two-thirds majority of both chambers, that the governor is unfit for the office by reason of mental incapacity. The legislature shall then give the governor notice and hear the case before a joint session.

When the legislature is in recess, the General Council may convene for the same purpose and follow the same procedure. The Lieutenant Governor succeeds to the office whenever the office is vacant for any reason. If the Lieutenant Governor is unable to serve, the Secretary of State serves as Acting Governor until the vacancy is filled or until the governor's disability is removed.

Additionally, under Article V, Section 10 , any governor who asks for or accepts any bribe automatically forfeits the office. If the governor dies, resigns, is removed or is convicted on impeachment, the lieutenant governor succeeds. The lieutenant governor also serves as the acting governor in the event of any temporary disability of the governor. Whoever serves as the acting governor has the full duties, powers, and emoluments of the elected governor. Of the four offices of the governor, lieutenant governor, President Pro Tem of the Senate, and Speaker of the House of Representatives, no person may hold two of them simultaneously or receive the compensation and emoluments of more than one office simultaneously.

If both the offices of the governor and the lieutenant governor are vacant and there are more than 20 months remaining in the current term, a special election for both offices shall be held at the next general election. The highest officer in the line of succession serves as an acting governor until the election. If a governor-elect is unable to take office, the lieutenant governor-elect takes office and serves as the governor.

If the governor-elect is only temporarily unable to take office, the lieutenant governor-elect serves as acting governor until the elected governor's disability is removed. If, by a joint resolution, the legislature presents the case for the governor's removal on grounds of mental disability to discharge the office, the Supreme Court of Ohio shall have "original, exclusive, and final, jurisdiction" in the case.

Within 21 days of receipt of such a resolution, the court shall give notice to the governor, hold a public hearing and render a decision. If the office is vacated in such a manner, the court also has "original, exclusive, and final, jurisdiction" in choosing the manner of succession to the office. Details of vacancy appointments are addressed under Article VI, Sections 15 and Impeachment, etc. Further provisions for succession to the office of Governor shall be prescribed by law.

In case of impeachment of the Governor, or of his death, failure to qualify, resignation, removal from the State, or inability to discharge the powers and duties of the office, the said office, with its compensation, shall devolve upon the Lieutenant Governor for the residue of the term or until the disability shall be removed.

If, for any reason, the governor is unable to exercise his or her powers and discharge the duties of the office and the Lieutenant Governor, President pro tempore of the Senate, and Speaker of the House are unable to act as governor, then the next official in the line of succession becomes the emergency interim successor.

As the emergency interim successor to the governor, the officer may exercise the powers and discharge the duties of the governor until a new governor is elected or until the disability is removed from the governor or higher official. In no event, however, shall the emergency interim successor serve as governor.

An emergency interim successor to the governor may only act after a man-made or natural emergency or disaster has occurred in the United States. The Oklahoma Legislature, by concurrent resolution, may, at any time, terminate the authority of any emergency interim successor to exercise the powers and discharge the duties of the governor.

Details of vacancy appointments are addressed under Article V, Section 8a. The state of Oregon has no formal office of the lieutenant governor. Instead, the secretary of state serves as the ex officio lieutenant governor and succeeds the governor if the latter dies, resigns, is removed from office, or is unable to discharge the office.

After the secretary of state, the treasurer , the President Pro Tem of the Senate , and then the Speaker of the House shall follow in the line of succession. An acting governor holds the office until the governor's disability is removed or until the next biennial election, when a special election shall be held.

When the treasurer or secretary of state is the acting governor, an appointment is made for someone to fill the office of the treasurer or secretary of state. Details of vacancy appointments are addressed under Article IV, Section 13 and If the office of Governor becomes vacant through death, resignation, or conviction on impeachment, the Lieutenant Governor becomes Governor for the remainder of the term; if the office is only temporarily vacant due to disability of the Governor, the Lieutenant Governor only acts out the duties of Governor.

Should both offices be vacant, the president pro tempore of the Senate becomes Governor. The position of Lieutenant Governor was created in the state constitution ; prior to then, the Speaker of the Senate would act as governor in cases of vacancy. Details of vacancy appointments are addressed under Article IX, Sections 9 and If the office of the governor becomes vacant by reason of death, resignation, impeachment, or inability to serve, the lieutenant governor will fill the office until a governor is qualified to act or until the office is filled at the next election.

If the office of the lieutenant governor is also vacant, the speaker of the house is the next in the line of succession. If a governor-elect dies or declines to take office, the lieutenant governor-elect shall take office as the governor and serve the full term. If the governor-elect is temporarily unable to take the oath, the lieutenant governor-elect takes office as acting governor only until the governor-elect is able to take the oath.

If the governor-elect and the lieutenant governor-elect are both unable to take office, the gubernatorial powers devolve through the line of succession, subject to the dual-office holding provision of the Constitution.

The lieutenant governor is acting governor and has the powers to act in an emergency in the event of the temporary absence or disability of the governor. The governor declares her or his temporary or permanent disability to discharge the office in writing to the President Pro Tem of the Senate and the Speaker of the House.

In the case of a temporary disability, she or he also declares her or his ability to resume the office in the same manner. If a majority of the officers serving as attorney general, the secretary of state, the comptroller general, and the state treasurer transmit, in writing, a declaration to the Senate President Pro Tem and the Speaker of the House, that the governor is unfit the serve, the Lieutenant Governor shall immediately become the acting governor.

The authority of Congress, in creating quasi-legislative or quasi-judicial agencies, to require them to act in discharge of their duties independently of executive control cannot well be doubted; and that authority includes, as an appropriate incident, power to fix the period during which they shall continue in office, and to forbid their removal except for cause in the meantime.

The Wiener Case. Unresolved by the latter was the question whether the President, absent a provision expressly delimiting his authority in the statute creating an agency endowed with quasi-judicial functions, remained competent to remove members serving thereon.

To this query the Court supplied a negative answer in Wiener v. United States. The Watergate Controversy. Congress vested in the Attorney General the power to conduct the criminal litigation of the Federal Government, and it further authorized him to appoint subordinate officers to assist him in the discharge of his duties. Left unsettled were two questions, the power of the President himself to go over the heads of his subordinates and to fire the Special Prosecutor himself, whatever the regulations said, and the power of Congress to enact legislation establishing an Office of Special Prosecutor free from direction and control of the President.

The Removal Power Rationalized. In Bowsher v. Synar , the Court held that when Congress itself retains the power to remove an official it could not vest him with the exercise of executive power. That case sustained the independent counsel statute. The Court, however, said that Myers stood only for the proposition that Congress could not involve itself in the removal of executive officers.

We do not mean to suggest that an analysis of the functions served by the officials at issue is irrelevant. The independent counsel did exercise executive, law-enforcement functions, but the jurisdiction and tenure of each counsel were limited in scope and policymaking, or significant administrative authority was lacking.

It is now thus reaffirmed that Congress may not involve itself in the removal of officials performing executive functions. It is also established that, in creating offices in the executive branch and in creating independent agencies, Congress has considerable discretion in statutorily limiting the power to remove of the President or another appointing authority. There are no bright lines marking off one office from the other, but decision requires close analysis. As a result of these cases, the long-running controversy with respect to the legitimacy of the independent agencies appears to have been settled, although it appears likely that the controversies with respect to congressional-presidential assertions of power in executive agency matters are only beginning.

Inferior Officers. However, in the case of Free Enterprise Fund v. Public Company Accounting Oversight Bd. First, even if the President determines that the inferior officer is neglecting his duties or discharging them improperly, the President does not have the power to remove that officer. In the absence of specific legislative provision to the contrary, the President may at his discretion remove an inferior officer whose term is limited by statute, or one appointed with the consent of the Senate.

Morgan from the chairmanship of TVA for refusal to produce evidence in substantiation of charges which he had leveled at his fellow directors. Constitutional and statutory citations are provided parenthetically. In the history of the United States, there are sixteen cases of a vote being carried out to impeach a governor. Of those, nine led to the impeached governor's removal from office. The National Conference of State Legislatures has suggested two potential reasons for the relative infrequency of gubernatorial impeachments: the perception that impeachment is a drastic measure and the likelihood of officers resigning before they can be impeached.

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