SJR 2006 (LSB 5012SV (9) 87)

PROPOSING AN AMENDMENT TO THE CONSTITUTION  OF THE STATE OF IOWA RELATING TO THE GUBERNATORIAL LINE OF  SUCCESSION. 

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  The following amendment to the Constitution of  the State of Iowa is proposed: 
   Section 4 of Article IV of the Constitution of the State of  Iowa, as amended by amendment number 1 of the Amendments of  1952 and by amendment number 1 of the Amendments of 1988, is  repealed and the following adopted in lieu thereof: 
   Election by general assembly in case of tie —— inability of  governor-elect to qualify —— succession by lieutenant governor ——  inauguration of governor and lieutenant governor upon removal of  inability of governor-elect to qualify.  SEC. 4.  The nominees  for governor and lieutenant governor jointly having the highest  number of votes cast for them shall be declared duly elected.  If two or more sets of nominees for governor and lieutenant  governor have an equal and the highest number of votes for  the offices jointly, the general assembly shall by joint vote  proceed, as soon as is possible, to elect one set of nominees  for governor and lieutenant governor. 

   If after the final canvass of votes but before inauguration  the governor-elect has since died, does not qualify, or  is permanently unable to become governor, the lieutenant  governor-elect shall become the governor upon inauguration, to  the exclusion of any other office, for the residue of the term.  
   In the event of a temporary inability of the governor-elect  to assume office, the lieutenant governor-elect shall become  governor upon inauguration, until the inability is removed, at  which time, the governor-elect and lieutenant governor-elect  shall become governor and lieutenant governor, respectively,  upon inauguration.  
   Section 10 of Article IV of the Constitution of the State of  Iowa is amended to read as follows: 
   Vacancies —— lieutenant governor vacancy.  SEC. 10.  When  any office, excluding the office of lieutenant governor,  shall, from any cause, become vacant, and no mode is provided  by the constitution and laws for filling such vacancy, the  governor shall have power to fill such vacancy, by granting a  commission, which shall expire at the end of the next session  of the general assembly, or at the next election by the people. 
   When the office of lieutenant governor shall, from any  cause, become vacant, and no mode is otherwise provided by the  constitution for filling such vacancy, the governor shall have  power to fill such vacancy for the residue of the term, by  granting a commission, which shall expire as provided in the  constitution. 
   Section 17 of Article IV of the Constitution of the State of  Iowa is repealed and the following adopted in lieu thereof: 
   Lieutenant governor to become governor —— filling of  lieutenant governor vacancy.  SEC. 17.  In case of death,  impeachment, resignation, removal from office, or other  inability to serve of the governor, the lieutenant governor  shall succeed and become the governor, to the exclusion of any  other office. If the preceding governor thereafter becomes  able to serve, the preceding governor shall become governor and  the succeeding governor shall resume the office of lieutenant  governor, to the exclusion of any other office, each for the  residue of the term, respectively. If the succeeding governor  has filled a vacancy in the office of lieutenant governor  by granting a commission, that commission shall expire upon  the resumption of the office of lieutenant governor by the  preceding lieutenant governor. 
   Section 19 of Article IV of the Constitution of the State  of Iowa, as amended by amendment number 2 of the Amendments of  1952 and by amendment number 2 of the Amendments of 1988, is  repealed and the following adopted in lieu thereof: 
   Succession to office of governor and lieutenant governor ——  simultaneous inability to serve —— qualification of successor  governor to office.  SEC. 19.  If the governor and lieutenant  governor are simultaneously unable to serve, the president of  the senate shall become governor, followed by the speaker of  the house of representatives if the president of the senate  is unable or unwilling to serve, followed by the president  pro tempore of the senate if the speaker of the house of  representatives is unable or unwilling to serve, followed  by the speaker pro tempore of the house of representatives  if the president pro tempore of the senate is unable or  unwilling to serve, each succeeding, to the exclusion of any  other office. If none of the above are able or willing to  serve as governor and the general assembly is not in session,  the justices of the supreme court shall convene the general  assembly by proclamation and the general assembly shall  organize by the election of a president of the senate and a  speaker of the house of representatives. The president-elect  of the senate shall then become governor. If at that time the  president-elect of the senate is unable or unwilling to serve,  the speaker-elect of the house of representatives shall become  governor. 
   If the governor so succeeded becomes able to serve, the  governor so succeeded shall resume the office of governor. If  the lieutenant governor so succeeded becomes able to serve  while the governor so succeeded remains unable to serve, the  lieutenant governor so succeeded shall assume the office of  governor. 
    Sec. 2.
  REFERRAL AND PUBLICATION.
  The foregoing proposed  amendment to the Constitution of the State of Iowa is referred  to the general assembly to be chosen at the next general  election for members of the general assembly, and the secretary  of state is directed to cause the proposed amendment to be  published for three consecutive months previous to the date of  that election as provided by law. 

______________________________
CHARLES SCHNEIDER
President of the Senate

______________________________
LINDA UPMEYER
Speaker of the House

   I hereby certify that this joint resolution originated in the Senate and is known as Senate Joint Resolution 2006, Eighty-seventh General Assembly.

______________________________
W. CHARLES SMITHSON
Secretary of the Senate