acting governor performs powers and duties until the governor recovers from the injuries. If the governor's death or resignation occurs less than 16 months before end of the term, the new governor serves until the end of the term, otherwise a special election (in which the new governor may participate) is held. Prior to the establishment of the modern office of lieutenant governor following a constitutional referendum in 2005 that took effect in 2009, a vacancy in the office of governor would lead to the president of the state Senate to become acting governor while still retaining the title of senate president. Following the resignation of Christine Todd Whitman in 2001 to become EPA Administrator, Donald DiFrancesco assumed the acting governor's post, serving until January 2002. Following DiFrancesco's departure from the senate, John O. Bennett and Richard J. Codey each served as acting governor as well. As control of the New Jersey Senate was evenly split, resulting in two Senate co-presidents, Codey and Bennett each held the office of acting governor for three days in January 2002, until Jim McGreevey began his term as governor. Codey again served as acting governor following McGreevey's own resignation, serving from November 2004 until January 2006, when Jon Corzine took office as governor. These unusual events were a major factor in voters' decision to amend the state constitution to create the office of lieutenant governor in the 2005 referendum, effective with the 2009 election. Before the amendment could take effect, state transportation commissioner Kris Kolluri served as acting governor the day of December 28, 2006. As Governor Corzine, the senate president, assembly speaker, and attorney general were all out of state, Kolluri became acting governor. West Virginia In West Virginia, if the governorship becomes vacant, the Senate president acts as governor. If more than one year remains in the governor's term at the time of vacancy, a special election is held; otherwise, the Senate president serves the remainder of the term. A bill passed in 2000 grants the Senate president the honorary title of lieutenant governor, but this title is rarely used in practice and the terms of the Senate president do not correspond with governorships. Then-Senate president Earl Ray Tomblin is the first person under the current state constitution to act as governor following the November 15, 2010 resignation of Joe Manchin following his election to the United States Senate seat vacated by