West Virginia Code 6A-1-4 – Additional successors to office of Governor
(a) In the event that the Governor, for any of the reasons specified in the Constitution, is not able to exercise the powers and discharge the duties of his or her office, or is unavailable, then the President of the Senate shall act as Governor, and if the President of the Senate, for any of the reasons specified in the Constitution, is not able to exercise the powers and discharge the duties of the office of Governor, or is unavailable, then the Speaker of the House of Delegates shall act as Governor, and if the Speaker of the House of Delegates, for any of the reasons specified in the Constitution, is not able to exercise and discharge the duties of the office of Governor, or is unavailable, then the Attorney General, the State Auditor, and resident ex-Governors of this state, in inverse order of service, shall, in the order named, if the preceding named officers be unavailable, exercise the powers and discharge the duties of the office of Governor until a new Governor is elected and qualified, or until a preceding named officer becomes available.
Terms Used In West Virginia Code 6A-1-4
- Office: includes all state and local offices, the powers and duties of which are defined by the Constitution, statutes, charters, and ordinances, except the office of Governor, and except those in the Legislature and the judiciary. See West Virginia Code 6A-1-3
- Unavailable: means either that a vacancy in office exists and there is no deputy authorized to exercise all of the powers and discharge the duties of the office, or that the lawful incumbent of the office, including any deputy exercising the powers and discharging the duties of an office because of a vacancy and his duly authorized deputy, are absent or unable to exercise the powers and discharge the duties of the office. See West Virginia Code 6A-1-3
(b) The Legislature recognizes that pursuant to the provisions of subsection (a) of this section, the President of the Senate is charged with the responsibility of first successor to the Governor in the event the Governor is unable to exercise the powers and discharge the duties of his or her office and in that regard, the President of the Senate is functioning similarly to a lieutenant Governor. Therefore, the Legislature determines that the President of the Senate shall be additionally designated the title of "lieutenant Governor" in acknowledgment of the president's responsibility as first successor to the Governor.