“””I have a question. When Northam resigns and Fairfax sworn in, what happens if something comes out on him? How would replacing him work? All new election?”””
I had read a couple of different things and wasn’t sure, so I found this, though I don’t know how up to date it is:
“At any time, a sitting Governor may transmit a written statement to both the President Pro Tem of the Senate and the Speaker of the House that she is temporarily unable to serve, at which time the Lieutenant Governor becomes Acting Governor. The Governor resumes her duties by making a second written declaration to the same two officers.
If, at the time a vacancy occurs, an emergency prevents the Assembly from convening, the preordained line of succession behind the Governor and the Lieutenant Governor is as follows:
- the Speaker of the House of Delegates
- the Delegate named to act as the Speaker’s stead in the Rules of the House of Delegates
- the President Pro Tem of the Senate
- the Majority Leader of the Senate
Such an individual serves as Acting Governor until the General Assembly is able to convene.
The General Assembly also has the discretion to pass a law that waives the eligibility requirements to serve as Governor or Acting Governor. Such a law may only apply in an “emergency or enemy attack upon the soil of Virginia” and only when the Governor or the duly appointed officer has proclaimed an emergency.”
https://ballotpedia.org/Governor_of_Virginia
Details of vacancies are addressed under Article V, Section 16.
Text of Section 16:
Succession to the Office of Governor
https://ballotpedia.org/Article_V,_Virginia_Constitution#Section_16
Interesting that there is no language as to who takes over the LTGov spot. Since language in the VA Constitution indicates the existence of “LTGov-elect”, is that position then treated as a vox populi (elected) position?
That would mean that the ASCENDING Gov wold not appoint a LTGov but that a special election must be held.
A very broad interpretation of that clause would say that the AG would move to the LTGov slot.
Looks like time to “judiciouslate”.
If a vacancy exists in the office of Lieutenant Governor when the Lieutenant Governor is to succeed to the office of Governor or to serve as Acting Governor, the Attorney General, if he is eligible to serve as Governor, shall succeed to the office of Governor for the unexpired term or serve as Acting Governor. If the Attorney General is ineligible to serve as Governor, the Speaker of the House of Delegates, if he is eligible to serve as Governor, shall succeed to the office of Governor for the unexpired term or serve as Acting Governor. If a vacancy exists in the office of the Speaker of the House of Delegates or if the Speaker of the House of Delegates is ineligible to serve as Governor, the House of Delegates shall convene and fill the vacancy.
The AG is next in line after the LT Gov...as long as he is eligible to serve as Governor.