(1) Succession as Governor. The Lieutenant Governor-elect shall become Governor upon the failure of the Governor-elect to qualify. The Lieutenant Governor shall become Governor upon the death, resignation, or removal from office of the Governor. The further order of succession to the office of Governor shall be prescribed by law. A successor shall serve for the remainder of the term of the Governor whom he succeeds and until a new Governor is elected and qualified.
(2) Succession as Acting Governor. During the absence of the Governor from the State, or during the physical or mental incapacity of the Governor to perform the duties of his office, the Lieutenant Governor shall be Acting Governor. The further order of succession as Acting Governor shall be prescribed by law.
(3) Physical incapacity. The Governor may, by a written statement filed with the Attorney General, declare that he is physically incapable of performing the duties of his office, and may thereafter in the same manner declare that he is physically capable of performing the duties of his office.
(4) Mental incapacity. The mental incapacity of the Governor to perform the duties of his office shall be determined only by joint resolution adopted by a vote of two-thirds of all the members of each house of the General Assembly. Thereafter, the mental capacity of the Governor to perform the duties of his office shall be determined only by joint resolution adopted by a vote of a majority of all the members of each house of the General Assembly. In all cases, the General Assembly shall give the Governor such notice as it may deem proper and shall allow him an opportunity to be heard before a joint session of the General Assembly before it takes final action. When the General Assembly is not in session, the Council of State, a majority of its members concurring, may convene it in extra session for the purpose of proceeding under this paragraph.
(5) Impeachment. Removal of the Governor from office for any other cause shall be by impeachment.
History Note. - The provisions of this section are similar to those of Art. III, § 12, Const. 1868, as amended in 1962.
CASE NOTES
The Constitution provides for the succession of the Governor and the Lieutenant Governor and does not authorize a vacancy in either office to be filled at an election for any portion of an unexpired term. Thomas v. State Bd. of Elections, 256 N.C. 401, 124 S.E.2d 164 (1962), decided under Art. III, § 12, Const. 1868.
Governor May Not Appoint Successor to Lieutenant Governor. - There is no constitutional provision which authorizes the Governor to appoint a successor to a deceased Lieutenant Governor to fill out a vacancy existing by reason of his death. Thomas v. State Bd. of Elections, 256 N.C. 401, 124 S.E.2d 164 (1962), decided under Art. III, § 12, Const. 1868.