Can you be governor after being president

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This article is also available for rental through DeepDyve. View Metrics. Email alerts Article activity alert. Advance article alerts. New issue alert. In , a man named Herb Silverman challenged the portion of state constitution that required a belief in the "Supreme Being," arguing that it violated the First Amendment of the United States Constitution and the constitutional prohibition on religious tests being required to hold public office.

While the requirement has not technically been repealed, it is unenforceable. Additionally, no member of Congress and no one holding any other state office or any federal office may execute the duties of the office of the governor.

Additionally, according to the state constitution, the governor "shall not hold any other office: civil, military or corporate; nor shall he practice any profession, and receive compensation, reward, fee, or the promise thereof for the same; nor receive any salary, reward or compensation or the promise thereof from any person or corporation, for any service rendered or performed during the time he is Governor, or to be thereafter rendered or performed.

Additionally, sitting governors may not hold any federal office, any state office other than the governorship, or be elected to the United States Senate during their terms.

Governors may not hold any legislative office or any other constitutional office. Excepting positions in military reserves, they also may not hold any office under the federal government. Nor is the governor eligible for any appointed position made by any branch of the Vermont government. Additionally, the Governor may hold no federal office and no state office aide from the governorship. Under Article IV, Section 10 , no individual who has fought a duel with deadly weapons, sent a challenge for such a duel, or knowingly acted as a second in such a duel in West Virginia or in any other state may hold any office in West Virginia.

Any governor who asks for, receives, or agrees to receive a bribe automatically forfeits his or her office and his or her right to hold any other office in Wyoming upon conviction. Ballotpedia features , encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. Click here to contact our editorial staff, and click here to report an error.

Click here to contact us for media inquiries, and please donate here to support our continued expansion. Share this page Follow Ballotpedia. What's on your ballot? Jump to: navigation , search. Category : Features of gubernatorial offices. Voter information What's on my ballot? If the governor and lieutenant governor both vacate their offices, the General Assembly must meet within 48 hours and elect an acting governor, who must belong to the same party as the elected governor, by a simple majority in each chamber.

Until then, the acting governor shall be, in order of succession:. Power devolves to the lieutenant governor at any time when the governor is unable or unwilling to discharge the office, under Article IV, Section 4. Section 19 governs vacancy procedure when both the governor and lieutenant governor are unable to serve. After that, the Iowa Supreme Court must call an extraordinary session of the General Assembly to choose an acting governor.

Details of vacancies are addressed under Article 1, Section At any time the governor is unable to discharge the office, temporarily or permanently, the lieutenant governor shall take his or her place until the disability is removed. If the lieutenant governor is also disabled, the legislature shall determine the line of succession.

Details of vacancies are addressed under Article 6, Section Whatever the circumstances, if the elected governor is unable or unwilling to discharge the office, the duties pass to the lieutenant governor. If the governor is on trial for any reason, the Chief Justice of the Kentucky Supreme Court must be the presiding officer. Regarding physical or mental unfitness for office, the Attorney General of Kentucky may petition the Supreme Court for a judgment that the governor must be removed either temporarily or permanently.

Details of vacancies are addressed under Article IV, Section Details of vacancy appointments are addressed under Article IV, Sections 14 and Maine is one of five states that lack a formal office of lieutenant governor.

Instead, the first person in the line of succession is the President of the Senate. If the vacancy occurs more than 90 days ahead of the next scheduled primary election for a biennial general election, then a special election for the governorship shall be part of the ballot. Whoever wins that election will take office on the second Wednesday in January after the election.

If fewer than 90 days are left until a scheduled primary, the Senate President simply fills the remainder of the term. After the Senate President, the Speaker of the House of Representatives and then the secretary of state are next in line. If mental health keeps the elected governor from discharging his office for more than six months, a super-majority of both chambers of the legislature shall present a joint resolution to the Maine Supreme Court , which will hold a hearing and issue a decision.

When a physical or mental disability only causes a temporary inability to fulfill the requirements of the office, the same line of succession applies. The governor may declare herself or himself temporarily unable to serve to the Chief Justice of the Maine Supreme Court. Whenever any other officer is serving as the acting governor, he or she shall be paid only the salary of the governorship and shall vacate his or her other office, leaving it to the legislature to appoint a successor.

Details of vacancy appointments are addressed under Article II, Sections 6 and 7. Regarding the governor-elect, if that individual dies or resigns, the lieutenant governor shall become the governor for the full term. If the governor-elect fails to take office for any other reason, the lieutenant governor shall take over with the title of 'Acting Governor' only until the vacancy is permanently filled.

When the governor is temporarily unable to discharge the office, whether or not he or she is able to communicate that in writing to the lieutenant governor, the latter shall become the acting governor. Before resuming her or his duties, the governor must inform the lieutenant governor in writing of the fact. At any time, by a three-fifths vote, the General Assembly may declare the governor, or the lieutenant governor, mentally or physically unfit to hold the office.

For purposes of taking such a vote, a member of the Assembly may call both chambers into a joint session. If such a resolution concerning the governor's fitness for office is adopted, it shall be delivered to a Maryland Court of Appeals, which shall, in turn, make a decision.

The same process applies to a governor-elect or a lieutenant governor-elect. If the governor's seat becomes otherwise vacant, the lieutenant governor shall assume the office and complete the term. After the lieutenant governor, the President of the Senate is next to succeed.

He or she shall, as acting governor, retain the title of 'Senate President', but the Senate shall nominate another member to execute the actual tasks of that office. Under circumstances when the governor-elect fails to take office, the Maryland Court of Appeals has exclusive jurisdiction in settling disputes and issues that arise from that situation.

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.