The returns of every election for the above named officers shall be sealed up and transmitted by the returning officers to the secretary of state, directed “to the speaker of the House of Delegates,” who shall, immediately after the organization of the House, and before proceeding to business, open and publish the same, in the presence of a majority of each house of the Legislature, which shall for that purpose assemble in the hall of the House of Delegates. The person having the highest number of votes for either of said offices, shall be declared duly elected thereto; but if two or more have an equaland the highest number of votes for the same office, the Legislature shall, by joint vote, choose one of such persons for said office. Contested elections for the office of governor shall be determined by both houses of the Legislature by joint vote, in such manner as may be prescribed by law.

[Editor’s note. – The amendment of this section was proposed by House Joint Resolution No. 5, Acts, Regular Session, 1901, p. 459; submitted by Acts, Regular Session, 1901, c. 153; and ratified November 4, 1902. The amendment deleted the last sentence which provided for appointment of the secretary of state and his term of office.]