Chap. 32.—An ACT to amend and re-enact Sections 120 and 121 of the Code of
Virginia, relating to vacancies in both the offices of Governor and Lieutenant-
Governor, and in the office of Lieutenant-Governor only. [S B 73]

Approved February 17, 1942

1. Be it enacted by the General Assembly of Virginia, That section
one hundred and twenty and one hundred and twenty-one of the Code of
Virginia be amended and re-enacted, as follows:

Section 120. When Offices of Governor and Lieutenant Governor
Vacant, who to Discharge Duties; How Vacancies Filled—When vacan-
cies occur in the offices of Governor and Lieutenant Governor, the duties
of the office of Governor shall be discharged by the President pro tempore
of the Senate, or if the Senate be not in session, then by the person who
was President pro tempore at the close of the last preceding session, or if
such office be vacant or the President, or President pro tempore, of the
Senate be ineligible, then by the Speaker of the House of Delegates, or
if the office of Speaker of the House of Delegates be vacant or such
Speaker be ineligible, then by the Secretary of the Commonwealth, until
a Governor is elected and qualified. While so discharging the duties of the
office of Governor, such person shall not act as President pro tempore of
the Senate, or as Speaker of the House of Delegates, as the case may be,
nor vote as a member thereof, but his office shall not be vacated except for
the period during which he acts as Governor. Such acting Governor shall,
within five days after such vacancy occurs, issue writs of election for un-
expired terms of Governor and Lieutenant Governor, to be held within
sixty days from the issuing of such writs. If the General Assembly be not
in session at the time of such election, or be not otherwise convened within
sixty days thereafter ; it shall be the duty of such acting Governor to con-
vene the same within the sixty days, in order that the vote may be counted
in the mode prescribed by the Constitution.

Section 121. When Office of Lieutenant Governor Vacant, Who
to Discharge Duties; How Vacancies Filled——When a vacancy occurs in
the office of Lieutenant Governor only, the duties of that office shall be
discharged by the President pro tempore of the Senate, but he shall not
by reason thereof be deprived of his right to act and vote as a member of
the Senate. If there shall be a general election held during the unexpired
portion of the term of such Lieutenant Governor, the vacancy shall be
filled at such general election.