Kosrae Constitution Article V

Section 2. The Governor and Lieutenant Governor are elected by the qualified voters of the State at a general election. The Governor and Lieutenant Governor may be elected together from one ticket. The person or pair receiving a majority of votes cast wins. If no person or pair receives a majority of the votes cast, a special election shall be held between the two persons or pairs receiving the highest number of votes in the general election. In the event that an independent candidate prevails over a pair of candidates on the same ticket, and there is no majority vote for an independent candidate for the office not filled by the prevailing independent candidate, then a special election shall be held to fill the office left vacant.

Section 3. The term of office of the Governor begins at noon on the second Tuesday of January following the general election and ends at noon on the second Tuesday of January four years thereafter. A Governor may not hold the same office for more than two consecutive terms and is eligible to hold the office of Governor only after one full term has intervened since his last day in office.

(Amended by 1995 Con. Con. The beginning date for term of office is effective as of the first full Governor. s term beginning after ratification. The consecutive term provision is effective upon first general election after ratification.)

Section 4. No person is eligible for the office of the Governor unless he has been a resident of the State for at least ten years immediately preceding filing for office, is at least thirty-five years of age, a citizen of the Federated States of Micronesia, a Kosraean by birth, and a qualified voter of the State, and has not been convicted of a felony unless he has received a pardon restoring his civil rights at least five years prior to the election date.

Section 7. The Governor and Lieutenant Governor receive annual salaries as prescribed by law. The salaries may not be increased or decreased for their terms of office except by general law applying to all State Government employees.

Section 8. If the office of Governor becomes vacant, the Lieutenant Governor becomes Governor. The Lieutenant Governor exercises and discharges the powers and duties of the office of Governor during the absence of the Governor from the State or the inability of the Governor to exercise and discharge his powers and duties. If the offices of both the Governor and Lieutenant Governor become vacant, the vacancy in the office of the Governor is filled in a manner prescribed by law. Succession to the office of the Lieutenant Governor shall be prescribed by law. During the absence or disability of both the Governor and Lieutenant Governor, a head of a principal executive department exercises and discharges the powers and duties of the office of Governor.

Section 10. The Governor may grant reprieves, commutations, and pardons after conviction, subject to regulation by law, except in cases of impeachment. No reprieve, commutation, or pardon may be granted to a person holding the office of Governor or Lieutenant Governor.

Section 11. The Governor shall annually communicate to the Legislature, by message, the condition of the State, and may in like manner recommend measures as he may deem desirable.

Section 12. All executive and administrative offices, departments and instrumentalities of the State Government and their respective functions, powers and duties shall be established by law. Each principal department is under the supervision of the Governor and is headed by a director. Directors are nominated and appointed by the Governor, with the advice and consent of the Legislature, to serve at the pleasure of the Governor during his term of office and until the appointment and qualification of their successors. Whenever a board, commission or other body is the head of a principal department or a regulatory or quasi-judicial agency, the members are nominated and appointed by the Governor with the advice and consent of the Legislature. The term of office and removal of members are prescribed by law.

Section 13. If required to preserve the public peace, health, or safety, at a time of extreme emergency caused by civil disturbance, natural disaster, or immediate threat of war or insurrection, the Governor may declare a state of emergency and issue appropriate decrees. A declaration of emergency may not impair the power of the judiciary. A declaration of emergency may impair a civil right to the extent actually required for the preservation of peace, health, or safety. Within thirty days after the declaration of emergency, the Legislature shall convene at the call of the Speaker or the Governor to consider revocation, amendment or extension of the declaration. Unless it expires by its own terms, is revoked or extended, a declaration of emergency is effective for thirty days.