FSMC, TITLE 2.  EXECUTIVE

 
 
Chapter 1:  Presidential Succession

101.     Succession to Office of President.
102.     Vacancy in the Office of Vice President.
103.     Vacancy in the Offices of President and Vice President.
104.     Declaration of the President's inability to serve.
105.     Disappearance, kidnapping, or total disability of the President.

      101.  Succession to Office of President.
     If the President dies, resigns, or is impeached, the Vice President shall become President.

Source:  PL IC-32 § 1.

Cross-reference:  FSM Const., art. X, § 6.

     § 102.  Vacancy in the Office of Vice President.
     If the Vice President dies, resigns, is impeached, or becomes President, the Congress shall elect a Vice President and declare a vacancy in the Congress.

Source:  PL IC-32 § 2.

     § 103.  Vacancy in the Offices of President and Vice President.
     If both the President and Vice President die, resign, or are impeached, the Speaker of the Congress shall immediately assume the powers and duties of the President as Acting President, and the Congress shall within thirty days of the last vacancy elect a President and Vice President, convening for that purpose if not in session, and declare vacancies in the Congress.  If the Office of the Speaker is vacant, or if the Speaker dies or resigns from Congress during said thirty-day period, the Vice Speaker shall immediately assume the powers and duties of the President as Acting President.

Source:  PL IC-32 § 3.

     § 104.  Declaration of the President's inability to serve.
 
     (1)     If two-thirds of all Members of Congress transmit to the Speaker of the Congress their written declaration that the President is unable to discharge the powers and duties of his or her office, the Vice President shall immediately assume the powers and duties of the President as Acting President.

     (2)     If the President transmits to the Speaker of the Congress his or her written declaration that no inability exists, he or she shall four days thereafter resume the powers and duties of his or her office, unless three-fourths of all Members  of Congress shall sooner transmit to the Speaker of the Congress their written declaration that the President is unable to discharge the powers and duties of his or her office.
 
     (3)     Thereupon the Supreme Court shall convene within three days to decide the issue, shall hear evidence for a period not to exceed seven days, and shall issue its decision within three days after the close of evidence.  If the Supreme Court determines by majority or tie vote that the President is unable to discharge the powers and duties of his or her office, the Vice President shall become President.  Otherwise, the President shall resume the powers and duties of his or her office.

     (4)     If the President does not transmit the declaration provided for in subsection (2) of this section within 180 days after the declaration provided for in subsection (1) of this section, the Vice President shall become President.

Source:  PL IC-32 § 4; PL 7-91 § 2.

Cross-reference:  FSM Const., art. X, § 6.  The statutory provisions on the Judiciary are found in title 4 of this code.  The statutory provisions on Judicial Procedures are found in title 6 of this code.

     § 105.  Disappearance, kidnapping, or total disability of the President.

     (1)     If the majority of the principal officers of the executive departments appointed by the President pursuant to article X, section 2(d) of the Constitution transmit to the Speaker of the Congress their written declaration that the President has disappeared or has been kidnapped or has become totally disabled, the Vice President shall immediately assume the powers and duties of the President as Acting President.

     (2)     The President shall resume the powers and duties of his or her office if his or her disappearance or kidnapping or total disability shall cease, as certified by his or her written declaration transmitted to the Speaker of the Congress, within 180 days after the Vice President has assumed the powers and duties of the President as Acting President; otherwise, the Vice President shall become President.

     (3)     For purposes of this section, the term "total disability" shall mean the inability of the President to transmit the written declaration provided for in subsection (2) of section 104 of this chapter.

Source:  PL IC-32 § 5; PL 7-91 § 3.