Alabama Constitution Section 128 Procedure when governor or acting governor appears to be of unsound mind
Here is the full text and explanation of Section 128 of the Alabama Constitution, which deals with the procedure when the governor or acting governor appears to be of unsound mind:
📜 Alabama Constitution – Section 128
Procedure when governor or acting governor appears to be of unsound mind
Whenever the governor or person exercising the powers and duties of the office of governor shall become of unsound mind, the attorney-general, the secretary of state, the state auditor, and the state treasurer, or any three of them, shall, on their own initiative or upon the request of any two of them, inquire into the condition of such person.
If they or a majority of them certify in writing that the person is unable to perform the duties of the office, the certificate shall be filed with the chief justice of the supreme court, who shall cause a copy of the certificate to be served on the person alleged to be of unsound mind and set a hearing date not later than ten days after service.
At the hearing, evidence may be presented for or against the truth of the allegations.
If the Supreme Court determines that the person is incapable of performing the duties of governor, it shall file a certificate to that effect with the secretary of state.
The powers and duties of governor shall then devolve upon the next eligible official in line of succession (as described in Section 127), until the court determines that the disability has been removed.
The disability may be removed by the Supreme Court either on its own motion or upon application by the affected person, if proof is given that the disability no longer exists.
🧾 Summary:
Section 128 provides a formal process for temporarily removing a governor or acting governor from office due to mental incapacity:
🏛️ Process:
Initiated by 3 of 4 state officials: Attorney General, Secretary of State, State Auditor, and State Treasurer.
If they certify the person is of unsound mind, they submit a written statement to the Chief Justice.
The Supreme Court conducts a hearing within 10 days.
If the person is declared incapable, succession rules apply (Section 127).
The person can regain the office once the court determines they are mentally fit.
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