When
Lieutenant Governor to act as Governor -- President of the Senate not to preside at
impeachment of Governor -- Certification of disability of Governor.
Should
the Governor be impeached and removed from office, die, refuse to qualify, resign, certify
by entry on his Journal that he is unable to discharge the duties of his office, or be,
from any cause, unable to discharge the duties of his office, the Lieutenant Governor
shall exercise all the power and authority appertaining to the office of Governor until
another be duly elected and qualified, or the Governor shall be able to discharge the
duties of his office. On the trial of the Governor, the President of the Senate shall not
preside over the proceedings, but the Chief Justice of the Supreme Court shall preside
during the trial.
If the
Governor, due to physical or mental incapacitation, is unable to discharge the duties of
his office, the Attorney General may petition the Supreme Court to have the Governor
declared disabled. If the Supreme Court determines in a unanimous decision that the
Governor is unable to discharge the duties of his office, the Chief Justice shall certify
such disability to the Secretary of State who shall enter same on the Journal of the Acts
of the Governor, and the Lieutenant Governor shall assume the duties of the Governor, and
shall act as Governor until the Supreme Court determines that the disability of the
Governor has ceased to exist. Before the Governor resumes his duties, the finding of the
Court that the disability has ceased shall be certified by the Chief Justice to the
Secretary of State who shall enter such finding on the Journal of the Acts of the
Governor.
Text as
Ratified on: November 3, 1992.
History: 1992 amendment was proposed by 1992 Ky. Acts ch. 168, sec. 7; original version
ratified August 3, 1891, and revised September 28, 1891.