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Ohio Constitution [ The 1851 Constitution with Amendments to 2015 ]

III.22 Jurisdiction to determine disability; succession

The supreme court has original, exclusive, and final jurisdiction to determine disability of the governor or governor-elect upon presentment to it of a joint resolution by the general assembly, declaring that the governor or governor-elect is unable to discharge the powers and duties of the office of governor by reason of disability. Such joint resolution shall be adopted by a two-thirds vote of the members elected to each house. The supreme court shall give notice of the resolution to the governor and after a public hearing, at which all interested parties may appear and be represented, shall determine the question of disability. The court shall make its determination within twenty-one days after presentment of such resolution.

If the governor transmits to the supreme court a written declaration that the disability no longer exists, the supreme court shall, after public hearing at which all interested parties may appear and be represented, determine the question of the continuation of the disability. The court shall make its determination within twenty-one days after transmittal of such declaration.

The Supreme Court has original, exclusive, and final jurisdiction to determine all questions concerning succession to the office of the governor or to its powers and duties.

(Enacted November 2, 1976; HJR No.37, 111th General Assembly.)

* Schedule of HJR 37 (136 v --) reads as follows: If, on the effective date of this amendment, section number 16 is already assigned to a section in Article III of the Constitution of Ohio, the Secretary of State shall assign section number 22 to the section in Article III that would be numbered section 16 by this amendment, and such number shall be the official number of such section and shall be so published in any publication of the Constitution and shall be cited and referred to by such number.

 
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