the people do not apply to elections by the legislature. The members act in a representative capacity, and it is the right of each member's constituents to know how he discharges the duty confided to him.

CHAPTER X

EXECUTIVE DEPARTMENT

I. The Governor. (76) The supreme executive power of the State is vested in a chief magistrate, whose official title is "The Governor of the State of Iowa."

2. How and When Elected. (77)—He is elected by vote of the qualified electors of the State at the election at which members of the General Assembly are chosen, being the regular election in November of each even-numbered year, and holds his office two years from the time of his installation and until his successor is elected and qualified.

Lieutenant

3. Lieutenant Governor. (78)-A Governor is also elected at the same time and for the same term as the Governor.

4. Returns of Election. (78)-The returns or reports of the votes cast for Governor and Lieutenant Governor, as the same have been collected and counted by the proper officers in each of the several counties of the State, are sealed up and sent to the State Capitol, directed to the Speaker of the House of Representatives.

5.

Canvass of the Vote. (78, 79)-As soon as the General Assembly is organized by the election of its own officers, the two houses meet in joint session in the representative chamber. The meet

ing is presided over by the Speaker of the House of Representatives, who opens the sealed returns in the presence of all the members. The votes thus reported for the several candidates for the offices of Governor and Lieutenant Governor are footed up, and those appearing to have received the greatest number for the respective offices are declared duly elected.

6. Tie Decided-Should it happen that a tie is found in the votes of any two or more of the candidates for either office, the Joint Assembly proceeds at once to make an election from the candidates thus standing equal in the popular vote. The possibility of a tie ever occurring in the vote of a great State is very remote.

7. Contested Elections. (80)-Much more probable than a tie is a case in which disputes arise over the regularity or the returns of an election.

If the election of a Governor or Lieutenant Governor is thus contested, it is to be decided in such manner as the General Assembly may by law provide. Under the statute now in force, when such a contest is made the Senate and the House of Representatives each selects by lot seven of its own members, and the fourteen persons thus designated constitute a committee or court before which the trial is had. The finding and judgment of the committee is final and conclusive.

8. Eligibility. (81)-To be eligible to the office of Governor or Lieutenant Governor, a person must be at least thirty years old, and must have been a citizen of the United States and a resident

of the State for the two years next preceding his election.

9.

Commander in Chief. (82)-The Governor is commander in chief of the militia, army, and navy of the State. The State maintains no army or navy in times of peace.

IO. Executive Business. (83)-He represents the State in the transaction of all executive business with the officers of government, civil and military. He may also call upon any of the officers of the executive department for reports upon any subject relating to the duties of their respective offices.

II. Filling Vacancies. (85)-When any office becomes vacant, and the law has not provided any other method for filling such vacancy, the Governor may fill it by appointment. Such appointment will expire at the next session of the General Assembly or at the next election by the people.

12. Extra Sessions. (86)-When in his judgment the circumstances require it, he may convene the General Assembly in special session. When so convened, it is his duty to explain to both houses the reasons why he has called them together.

13. Messages. (87)-The Governor sends to the General Assembly at each regular session a formal message, reporting the condition of the State, and making such recommendations as he thinks expedient.

14. Adjourning the Legislature. (88)-Should

the two houses be unable to agree as to the time for the final adjournment of any session, the Governor has power to declare the General Assembly adjourned to such date as he may think proper, but not beyond the time fixed by law for the meeting of the next General Assembly.

(89)-While ex

15. Must Hold No Other Office. ercising the office of Governor or Lieutenant Governor a person must not hold any other office under the authority of the United States or of this State.

16. Official Term. (90)-The official term of the Governor and Lieutenant Governor begins on the second Monday of January next after their election. If for any reason no election is held at the proper time, or if the person elected to either of these offices fails to accept or qualify by taking the prescribed oath, there is no vacancy, because the incumbent of the office for the prior term holds over until a successor is duly elected and qualified.

17. Holding Over-As the General Assembly which canvasses the vote for Governor and Lieutenant Governor does not convene until the second Monday in January, and cannot proceed with the canvass until both houses are duly organized, it rarely, if ever, happens that the newly elected executive is inaugurated promptly on the first day of his official term. It has happened on one or two occasions that a long contest over the election of Speaker of the House of Representatives has delayed the inauguration for weeks, during