48 U.S.C. § 1422b — Vacancy in office of Governor or Lieutenant Governor

submitted 76 years ago by ch. 512 to r/title-48-TERRITORIES-AND-INSULAR-POSSESSIONS · 376 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section supplies temporary and permanent succession rules for Guam's Governor and Lieutenant Governor. It also limits extra pay for people acting in those offices.

(a) If the Governor is temporarily disabled or absent, the Lieutenant Governor has the Governor's powers. (b) If the Governor's office becomes permanently vacant because of death, resignation, recall removal, permanent disability, death or disability of a Governor-elect, or another reason, the Lieutenant Governor or Lieutenant Governor-elect becomes Governor. That person serves the unexpired term and until that person or a successor is elected and qualified at the next regular Governor election. (c) If the Lieutenant Governor is temporarily disabled or absent, or is acting as Governor, the Guam Legislature's speaker acts as Lieutenant Governor. (d) If the Lieutenant Governor's office becomes permanently vacant because of death, resignation, permanent disability, or succession to the Governor's office by the Lieutenant Governor or Lieutenant Governor-elect, the Governor appoints a new Lieutenant Governor with the legislature's advice and consent. The appointee serves the unexpired term and until that person or a successor is elected and qualified at the next regular Lieutenant Governor election. (e) If both officials are temporarily disabled or absent, a person prescribed by Guam law exercises the Governor's powers as Acting Governor. If both offices are permanently vacant, Guam law determines how the Governor's office is filled for the unexpired term. (f) A person acting as Governor or Lieutenant Governor who does not also assume that office under this chapter receives no additional compensation.

the actual law source: uscode.house.gov ↗public domain

(a) Temporary disability or temporary absence of Governor

In case of the temporary disability or temporary absence of the Governor, the Lieutenant Governor shall have the powers of the Governor.

(b) Permanent vacancy in office of Governor

In case of a permanent vacancy in the office of Governor, arising by reason of the death, resignation, removal by recall, or permanent disability of the Governor, or the death, resignation, or permanent disability of a Governor-elect, or for any other reason, the Lieutenant Governor or Lieutenant Governor-elect shall become the Governor, to hold office for the unexpired term and until he or his successor shall have been duly elected and qualified at the next regular election for Governor.

In case of the temporary disability or temporary absence of the Lieutenant Governor, or during any period when the Lieutenant Governor is acting as Governor, the speaker of the Guam Legislature shall act as Lieutenant Governor.

(d) Permanent vacancy in office of Lieutenant Governor

In case of a permanent vacancy in the office of Lieutenant Governor, arising by reason of the death, resignation, or permanent disability of the Lieutenant Governor, or because the Lieutenant Governor or Lieutenant Governor-elect has succeeded to the office of Governor, the Governor shall appoint a new Lieutenant Governor, with the advice and consent of the legislature, to hold office for the unexpired term and until he or his successor shall have been duly elected and qualified at the next regular election for Lieutenant Governor.

(e) Temporary disability or temporary absence of both Governor and Lieutenant Governor

In case of the temporary disability or temporary absence of both the Governor and the Lieutenant Governor, the powers of the Governor shall be exercised, as Acting Governor, by such person as the laws of Guam may prescribe. In case of a permanent vacancy in the offices of both the Governor and Lieutenant Governor, the office of Governor shall be filled for the unexpired term in the manner prescribed by the laws of Guam.

(f) Additional compensation

No additional compensation shall be paid to any person acting as Governor or Lieutenant Governor who does not also assume the office of Governor or Lieutenant Governor under the provisions of this chapter.

Source credit: (Aug. 1, 1950, ch. 512, § 8, 64 Stat. 387; Pub. L. 87–419, § 1, Mar. 16, 1962, 76 Stat. 34; Pub. L. 90–497, § 3, Sept. 11, 1968, 82 Stat. 844.)

history & why it existsrecord from the source credit

1950Enacted · Act of Aug. 1, 1950, ch. 512 · 64 Stat. 387
1962Amended · Pub. L. 87-419 · 76 Stat. 34
1968Amended · Pub. L. 90-497 · 82 Stat. 844

A history note hasn’t been published yet. The record shows enactment by ch. 512 on 1950-08-01.

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