The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1912-09-27
How Election is Completed.


elect The constitutional provision
governing this procedure is as fol
lows:
Article 8. (Amendment) The votes
for governor, ACKNOWLEDGEMENTS and
treasurer of the state shall be sort
ed and counted, and the result de-
clared by committee appointed by
the Senate and House of REPRESENTA-
tives. If, at any time, there shall be
no election by the freemen of COVER
nor lieutenant-governcr and treasur-
er OF the state, the Senate and House
of Representatives shall, by a joint
ballot, elect to fill the office, not
filled by the freemen, as aforesaid,
one of the three candidates for such
office, (if there be so many for
whom the greatest number of votes
shall have been returned.
The votes cast Sept. for state Of
ficers will be canvassed by com
mittee Ia merely nominal proceeding,
since it will have been done already
by the election officers and the secre-
tary of state) on the afternoon of
Wednesday. Oct 2, the first day of
the session. When the result is de-
clared at the joint assembly of both
houses convened for the purpose and
it appears that a majority is lacking
for all the candidates, the joint as
sembly will proceed at once to elect
The voting will be by secret ballot,
and each senator and representative
will have one vote. The first ballot
taken will be for governor, and the
M .art nna lfrrafN ~
dates of the Republican, Democratic
and Progressive parties, since they
are the three receiving the highest
vote by the people. A majority is
required to elect by the joint assemb-
ly. If Mr.. Fletcher, the Republican
candidate. who is admittedly in the
lead, gets majority on the first bal
lot, as is now generally expected, he
Will be declared elected The cleo
ton of the other officials would ma
turally follow in rapid sequence. and
everything would clear away for the
festivities of inauguration day follow
ing. Other constitutional and statute
provisions besides the one above cit
ed include the secretary of state, the
state auditor and the attorney-gener-
al in the list that are to be elected in
the same way as the governor, lieu
tenantgovernor and state treasurer.
But If there is no choice of COVER
nor on the first ballot, as some of
Mr.. Fletchers Democratic and Pro-
gressive opponents contend will be
the case, the proceedings will take a
different turn and may become de-
cidedly interesting. Very likely sew
eral ballots would ensue, when if no
election of governor resulted, and it
was evident a deadlock had arrived.
the joint assembly might (if the ma
jority so willed) proceed to the cleo
ton OF the remaining state officers.
Whether this could be accomplished
or not under such conditions would
then appear.
The question has arisen, Who
would be governor. and so forth, in
case a deadlock arose that could not
be broken through the entire SEES
sion. No such instance has ever
arisen, but the constitution trainers
wisely provided for it as follows
Article % (Amendment.) Section
J. The term of Office of the COVER
nor. ACKNOWLEDGEMENTS and treasur-
er of the state, respectively, shall
commence when they shall be chosen
and qualified, and shall continue for
the term of two years, or until their
successors shall be chosen and
qualified. or to the adjournment of
the session of the legislature at
which by the constitution and the
laws. their successors are required
to be chosen, and not after such ad-
journment.
So that Governor Mead and the
present state officers would hold over
and act in their official capacities
while the legislature was trying to
choose their successors.
But what then? Suppose the gen
eral assembly should be unable to
elect a governor or others of the
state officers. who would become such
and how? Again our constitution
trainers were wise to possible con-
tingencies. Article 21 (amendment)
provides
And the legislature shall provide.
by general law, declaring what officer
| shall act as governor whenever there
NhNA ON "a NaNahNe III UOlu the
of governor and lieutenant governor.
occasioned by failure to elect. or by
the removal from office or by the
death, resignation or inability of both
governor and lieutenant-governor to
exercise the powers and discharge the
duties of the office of governor: and
such officer, so designated, shall ex-
ercise the powers and discharge the
duties pertaining TO the Office of gov
ernor accordingly until the disability
shall be removed or a governor shall
be elected. And in case there shall
be vacancy in the Office of treasurer.
by reason OF any of the causes enum-
Grated. the governor shall appoint a
treasurer for the time being. who
shall act as treasurer until the dis
ability shall be removed. OF new
election shall be made.
Elsewhere the constitution pro-
vides that the lieutenant-governor
shall act as governor in case of the
absence or disability Of the governor
and the inference is pretty clear that
i'm case the legislature should be un-
able 10 elect a governor and should
choose a ACKNOWLEDGEMENTS the lat
ter, on adjournment of the body,
would become governor. This is
well borne out and the further con-
/ tingency that no ACKNOWLEDGEMENTS
might be chosen, as well as no COVER
nor, is provided for by the following
enactment, in pursuance OF the au-
thority above quoted
Section 276. Public Statutes. When
there is a vacancy in the Offices of
governor and lieutenant-governor the
speaker of the House Of Representa-
lives shall act as governor.
So it appears that IL there should
be a deadlock over the governorship