ARTICLE IV
                              THE EXECUTIVE

     Sec.
      1.  Executive Department.
      2.  Duties of Governor; election procedure; tie or contest.
      3.  Terms of office of Governor; number of terms.
      4.  Lieutenant Governor.
      4.1. Attorney General.
      5.  Qualifications of Governor, Lieutenant Governor and
          Attorney General.
      6.  Disqualification for offices of Governor, Lieutenant
          Governor and Attorney General.
      7.  Military power.
      8.  Appointing power.
      9.  Pardoning power; Board of Pardons.
     10.  Information from department officials.
     11.  Messages to the General Assembly.
     12.  Power to convene and adjourn the General Assembly.
     13.  When Lieutenant Governor to act as Governor.
     14.  Vacancy in office of Lieutenant Governor.
     15.  Approval of bills; vetoes.
     16.  Partial disapproval of appropriation bills.
     17.  Contested elections of Governor, Lieutenant Governor and
          Attorney General; when succeeded.
     18.  Terms of office of Auditor General and State Treasurer;
          number of terms; eligibility of State Treasurer to become
          Auditor General.
     19.  State seal; commissions.

        Adoption.  Unless otherwise noted, the provisions of Article
     IV were adopted December 16, 1873, 1874 P.L.3, effective January
     1, 1874.
     § 1.  Executive Department.
        The Executive Department of this Commonwealth shall consist
     of a Governor, Lieutenant Governor, Attorney General, Auditor
     General, State Treasurer, and Superintendent of Public
     Instruction and such other officers as the General Assembly may
     from time to time prescribe.
     (May 16, 1967, P.L.1044, J.R.4)

        References in Text.  The Superintendent of Public
     Instruction, referred to in section 1, is now the Secretary of
     Education.
     § 2.  Duties of Governor; election procedure; tie or contest.
        The supreme executive power shall be vested in the Governor,
     who shall take care that the laws be faithfully executed; he
     shall be chosen on the day of the general election, by the
     qualified electors of the Commonwealth, at the places where they
     shall vote for Representatives. The returns of every election
     for Governor shall be sealed up and transmitted to the seat of
     government, directed to the President of the Senate, who shall
     open and publish them in the presence of the members of both
     Houses of the General Assembly. The person having the highest
     number of votes shall be Governor, but if two or more be equal
     and highest in votes, one of them shall be chosen Governor by
     the joint vote of the members of both Houses. Contested
     elections shall be determined by a committee, to be selected
     from both Houses of the General Assembly, and formed and
     regulated in such manner as shall be directed by law.
     § 3.  Terms of office of Governor; number of terms.
        The Governor shall hold his office during four years from the
     third Tuesday of January next ensuing his election. Except for
     the Governor who may be in office when this amendment is
     adopted, he shall be eligible to succeed himself for one
     additional term.
     (May 16, 1967, P.L.1044, J.R.4)
     § 4.  Lieutenant Governor.
        A Lieutenant Governor shall be chosen jointly with the
     Governor by the casting by each voter of a single vote
     applicable to both offices, for the same term, and subject to
     the same provisions as the Governor; he shall be President of
     the Senate. As such, he may vote in case of a tie on any
     question except the final passage of a bill or joint resolution,
     the adoption of a conference report or the concurrence in
     amendments made by the House of Representatives.
     (May 16, 1967, P.L.1044, J.R.4)
     § 4.1.  Attorney General.
        An Attorney General shall be chosen by the qualified electors
     of the Commonwealth on the day the general election is held for
     the Auditor General and State Treasurer; he shall hold his
     office during four years from the third Tuesday of January next
     ensuing his election and shall not be eligible to serve
     continuously for more than two successive terms; he shall be the
     chief law officer of the Commonwealth and shall exercise such
     powers and perform such duties as may be imposed by law.
     (May 16, 1978, 1977 P.L.365, J.R.4)

        1978 Amendment.  Joint Resolution No.4 added section 4.1.
     Section 2 of Joint Resolution No.4 provided that upon approval
     of this amendment by the electors, there shall be a vacancy in
     the office of Attorney General which shall be filled as provided
     herein.
     § 5.  Qualifications of Governor, Lieutenant Governor and
           Attorney General.
        No person shall be eligible to the office of Governor,
     Lieutenant Governor or Attorney General except a citizen of the
     United States, who shall have attained the age of 30 years, and
     have been seven years next preceding his election an inhabitant
     of this Commonwealth, unless he shall have been absent on the
     public business of the United States or of this Commonwealth. No
     person shall be eligible to the office of Attorney General
     except a member of the bar of the Supreme Court of Pennsylvania.
     (May 16, 1967, P.L.1044, J.R.4; May 16, 1978, 1977 P.L.365,
     J.R.4)
     § 6.  Disqualification for offices of Governor, Lieutenant
           Governor and Attorney General.
        No member of Congress or person holding any office (except of
     attorney-at-law or in the National Guard or in a reserve
     component of the armed forces of the United States) under the
     United States or this Commonwealth shall exercise the office of
     Governor, Lieutenant Governor or Attorney General.
     (May 16, 1967, P.L.1044, J.R.4; May 16, 1978, 1977 P.L.365,
     J.R.4)
     § 7.  Military power.
        The Governor shall be commander-in-chief of the military
     forces of the Commonwealth, except when they shall be called
     into actual service of the United States.
     (May 16, 1967, P.L.1044, J.R.4)
     § 8.  Appointing power.
        (a)  The Governor shall appoint a Secretary of Education and
     such other officers as he shall be authorized by law to appoint.
     The appointment of the Secretary of Education and of such other
     officers as may be specified by law, shall be subject to the
     consent of two-thirds or a majority of the members elected to
     the Senate as is specified by law.
        (b)  The Governor shall fill vacancies in offices to which he
     appoints by nominating to the Senate a proper person to fill the
     vacancy within 90 days of the first day of the vacancy and not
     thereafter. The Senate shall act on each executive nomination
     within 25 legislative days of its submission. If the Senate has
     not voted upon a nomination within 15 legislative days following
     such submission, any five members of the Senate may, in writing,
     request the presiding officer of the Senate to place the
     nomination before the entire Senate body whereby the nomination
     must be voted upon prior to the expiration of five legislative
     days or 25 legislative days following submission by the
     Governor, whichever occurs first. If the nomination is made
     during a recess or after adjournment sine die, the Senate shall
     act upon it within 25 legislative days after its return or
     reconvening. If the Senate for any reason fails to act upon a
     nomination submitted to it within the required 25 legislative
     days, the nominee shall take office as if the appointment had
     been consented to by the Senate. The Governor shall in a similar
     manner fill vacancies in the offices of Auditor General, State
     Treasurer, justice, judge, justice of the peace and in any other
     elective office he is authorized to fill. In the case of a
     vacancy in an elective office, a person shall be elected to the
     office on the next election day appropriate to the office unless
     the first day of the vacancy is within two calendar months
     immediately preceding the election day in which case the
     election shall be held on the second succeeding election day
     appropriate to the office.
        (c)  In acting on executive nominations, the Senate shall sit
     with open doors. The votes shall be taken by yeas and nays and
     shall be entered on the journal.
     (Nov. 2, 1909, P.L.948, J.R.1; May 16, 1967, P.L.1044, J.R.4;
     May 20, 1975, P.L.619, J.R.1; May 16, 1978, 1977 P.L.365, J.R.4)
     § 9.  Pardoning power; Board of Pardons.
        (a)  In all criminal cases except impeachment the Governor
     shall have power to remit fines and forfeitures, to grant
     reprieves, commutation of sentences and pardons; but no pardon
     shall be granted, nor sentence commuted, except on the
     recommendation in writing of a majority of the Board of Pardons,
     and, in the case of a sentence of death or life imprisonment, on
     the unanimous recommendation in writing of the Board of Pardons,
     after full hearing in open session, upon due public notice. The
     recommendation, with the reasons therefor at length, shall be
     delivered to the Governor and a copy thereof shall be kept on
     file in the office of the Lieutenant Governor in a docket kept
     for that purpose.
        (b)  The Board of Pardons shall consist of the Lieutenant
     Governor who shall be chairman, the Attorney General and three
     members appointed by the Governor with the consent of a majority
     of the members elected to the Senate for terms of six years. The
     three members appointed by the Governor shall be residents of
     Pennsylvania. One shall be a crime victim, one a corrections
     expert and the third a doctor of medicine, psychiatrist or
     psychologist. The board shall keep records of its actions, which
     shall at all times be open for public inspection.
     (May 16, 1967, P.L.1044, J.R.4; May 20, 1975, P.L.619, J.R.1;
     Nov. 4, 1997, P.L.634, J.R.2)
     § 10.  Information from department officials.
        The Governor may require information in writing from the
     officers of the Executive Department, upon any subject relating
     to the duties of their respective offices.
     (May 16, 1967, P.L.1044, J.R.4)
     § 11.  Messages to the General Assembly.
        He shall, from time to time, give to the General Assembly
     information of the state of the Commonwealth, and recommend to
     their consideration such measures as he may judge expedient.
     § 12.  Power to convene and adjourn the General Assembly.
        He may, on extraordinary occasions, convene the General
     Assembly, and in case of disagreement between the two Houses,
     with respect to the time of adjournment, adjourn them to such
     time as he shall think proper, not exceeding four months. He
     shall have power to convene the Senate in extraordinary session
     by proclamation for the transaction of Executive business.
     § 13.  When Lieutenant Governor to act as Governor.
        In the case of the death, conviction on impeachment, failure
     to qualify or resignation of the Governor, the Lieutenant
     Governor shall become Governor for the remainder of the term and
     in the case of the disability of the Governor, the powers,
     duties and emoluments of the office shall devolve upon the
     Lieutenant Governor until the disability is removed.
     (May 16, 1967, P.L.1044, J.R.4)

        Cross References.  Section 13 is referred to in section 14 of
     this article.
     § 14.  Vacancy in office of Lieutenant Governor.
        In case of the death, conviction on impeachment, failure to
     qualify or resignation of the Lieutenant Governor, or in case he
     should become Governor under section 13 of this article, the
     President pro tempore of the Senate shall become Lieutenant
     Governor for the remainder of the term. In case of the
     disability of the Lieutenant Governor, the powers, duties and
     emoluments of the office shall devolve upon the President pro
     tempore of the Senate until the disability is removed. Should
     there be no Lieutenant Governor, the President pro tempore of
     the Senate shall become Governor if a vacancy shall occur in the
     office of Governor and in case of the disability of the
     Governor, the powers, duties and emoluments of the office shall
     devolve upon the President pro tempore of the Senate until the
     disability is removed. His seat as Senator shall become vacant
     whenever he shall become Governor and shall be filled by
     election as any other vacancy in the Senate.
     (May 16, 1967, P.L.1044, J.R.4)
     § 15.  Approval of bills; vetoes.
        Every bill which shall have passed both Houses shall be
     presented to the Governor; if he approves he shall sign it, but
     if he shall not approve he shall return it with his objections
     to the House in which it shall have originated, which House
     shall enter the objections at large upon their journal, and
     proceed to re-consider it. If after such re-consideration, two-
     thirds of all the members elected to that House shall agree to
     pass the bill, it shall be sent with the objections to the other
     House by which likewise it shall be re-considered, and if
     approved by two-thirds of all the members elected to that House
     it shall be a law; but in such cases the votes of both Houses
     shall be determined by yeas and nays, and the names of the
     members voting for and against the bill shall be entered on the
     journals of each House, respectively. If any bill shall not be
     returned by the Governor within ten days after it shall have
     been presented to him, the same shall be a law in like manner as
     if he had signed it, unless the General Assembly, by their
     adjournment, prevent its return, in which case it shall be a
     law, unless he shall file the same, with his objections, in the
     office of the Secretary of the Commonwealth, and give notice
     thereof by public proclamation within 30 days after such
     adjournment.
     § 16.  Partial disapproval of appropriation bills.
        The Governor shall have power to disapprove of any item or
     items of any bill, making appropriations of money, embracing
     distinct items, and the part or parts of the bill approved shall
     be the law, and the item or items of appropriation disapproved
     shall be void, unless re-passed according to the rules and
     limitations prescribed for the passage of other bills over the
     Executive veto.
     § 17.  Contested elections of Governor, Lieutenant Governor
            and Attorney General; when succeeded.
        The Chief Justice of the Supreme Court shall preside upon the
     trial of any contested election of Governor, Lieutenant Governor
     or Attorney General and shall decide questions regarding the
     admissibility of evidence, and shall, upon request of the
     committee, pronounce his opinion upon other questions of law
     involved in the trial. The Governor, Lieutenant Governor and
     Attorney General shall exercise the duties of their respective
     offices until their successors shall be duly qualified.
     (May 16, 1978, 1977 P.L.365, J.R.4)
     § 18.  Terms of office of Auditor General and State Treasurer;
            number of terms; eligibility of State Treasurer to
            become Auditor General.
        The terms of the Auditor General and of the State Treasurer
     shall each be four years from the third Tuesday of January next
     ensuing his election. They shall be chosen by the qualified
     electors of the Commonwealth at general elections but shall not
     be eligible to serve continuously for more than two successive
     terms. The State Treasurer shall not be eligible to the office
     of Auditor General until four years after he has been State
     Treasurer.
     (May 16, 1967, P.L.1044, J.R.4)

        1967 Amendment.  Joint Resolution No.4 repealed former
     section 18 and added present section 18. The subject matter of
     present section 18 was contained in former section 21. For terms
     of office of State Treasurer and Auditor General first elected
     under present section 18, see the schedule to Joint Resolution
     No.4 of 1967 in the appendix to the Constitution.
     § 19.  State seal; commissions.
        The present Great Seal of Pennsylvania shall be the seal of
     the State. All commissions shall be in the name and by authority
     of the Commonwealth of Pennsylvania, and be sealed with the
     State seal and signed by the Governor.
     (May 16, 1967, P.L.1044, J.R.4)

        1967 Amendment.  Joint Resolution No.4 repealed former
     section 19 and renumbered former section 22 to present section
     19.