§ 147-11.1. Succession to office of Governor; Acting Governor.
§147‑11.1. Succession to office of Governor; Acting Governor.
(a) LieutenantGovernor.
(1) The LieutenantGovernor‑elect shall become Governor upon the failure of the Governor‑electto qualify. The Lieutenant Governor shall become Governor upon the death,resignation, or removal from office of the Governor. The further order ofsuccession to the office of Governor shall be prescribed by law. A successorshall serve for the remainder of the term of the Governor whom he succeeds anduntil a new Governor is elected and qualified.
(2) During the absenceof the Governor from the State, or during the physical or mental incapacity ofthe Governor to perform the duties of his office, the Lieutenant Governor shallbe Acting Governor. The further order of succession as Acting Governor shall beprescribed by law.
(b) President ofSenate, Speaker of the House and Other Officers.
(1) If, by reason offailure to qualify, death, resignation, or removal from office, there isneither a Governor nor a Lieutenant Governor to discharge the powers and dutiesof the office of Governor, then the President of the Senate shall, upon hisresignation as President of the Senate and as Senator, become Governor.
(2) If, at the time whenunder subdivision (1) of this subsection the President of the Senate is tobecome Governor, there is no President of the Senate, or the President of theSenate fails to qualify as Governor, then the Speaker of the House ofRepresentatives shall, upon his resignation as Speaker and as Representative, becomeGovernor.
(3) If, at the time whenunder subdivision (2) of this subsection the Speaker of the House ofRepresentatives is to become Governor, there is no Speaker of the House ofRepresentatives, or the Speaker of the House of Representatives fails toqualify as Governor, then that officer of the State of North Carolina who ishighest on the following list, and who is not under disability to serve asGovernor, shall, upon his resignation of the office which places him in theorder of succession, become Governor: Secretary of State, Auditor, Treasurer,Superintendent of Public Instruction, Attorney General, Commissioner ofAgriculture, Commissioner of Labor, and Commissioner of Insurance.
(c) Acting GovernorGenerally.
(1) If, by reason ofabsence from the State or physical or mental incapacity, there is neither aGovernor nor a Lieutenant Governor qualified to discharge the powers and dutiesof the office of Governor, then the President of the Senate shall become ActingGovernor.
(2) If, at the time whenunder subdivision (1) of this subsection the President of the Senate is tobecome Acting Governor, there is no President of the Senate, or the Presidentof the Senate fails to qualify as Acting Governor, then the Speaker of theHouse of Representatives shall become Acting Governor.
(3) If, at the time whenunder subdivision (2) of this subsection the Speaker of the House ofRepresentatives is to become Acting Governor, there is no Speaker of the Houseof Representatives, or the Speaker of the House of Representatives fails toqualify as Acting Governor, then that officer of the State of North Carolinawho is highest on the following list, and who is not under disability to serve as Acting Governor, shall become Acting Governor: Secretary of State, Auditor,Treasurer, Superintendent of Public Instruction, Attorney General, Commissionerof Agriculture, Commissioner of Labor, and Commissioner of Insurance.
(d) Governor Servingunder Subsection (c). An individual serving as Acting Governor undersubsection (c) of this section shall continue to act for the remainder of theterm of the Governor whom he succeeds and until a new Governor is elected andqualified, except that:
(1) If his tenure asActing Governor is founded in whole or in part upon the absence of both theGovernor and Lieutenant Governor from the State, then he shall act only untilthe Governor or Lieutenant Governor returns to the State; and
(2) If his tenure asActing Governor is founded in whole or in part upon the physical or mentalincapacity of the Governor or Lieutenant Governor, then he shall act only untilthe removal of the incapacity of the Governor or Lieutenant Governor.
(e) Officers to WhichSubsections (b), (c) and (d) Applicable. Subsections (b), (c), and (d) ofthis section shall apply only to such officers as are eligible to the office ofGovernor under the Constitution of North Carolina, and only to officers who arenot under impeachment by the House of Representatives at the time they are tobecome Governor or Acting Governor.
(f) Compensation ofActing Governor. During the period that any individual serves as ActingGovernor under subsection (c) of this section, his compensation shall be at therate then provided by law in the case of the Governor. (1961,c. 992, s. 1.)