Senate Joint Resolution 2006 H-8376 Amend Senate Joint Resolution 2006, as amended, passed, and 1 reprinted by the Senate, as follows: 2 1. By striking everything after the resolving clause and 3 inserting: 4 < Section 1. The following amendment to the Constitution of 5 the State of Iowa is proposed: 6 Section 4 of Article IV of the Constitution of the State of 7 Iowa, as amended by amendment number 1 of the Amendments of 8 1952 and by amendment number 1 of the Amendments of 1988, is 9 repealed and the following adopted in lieu thereof: 10 Election by general assembly in case of tie —— inability of 11 governor-elect to qualify —— succession by lieutenant governor —— 12 inauguration of governor and lieutenant governor upon removal of 13 inability of governor-elect to qualify. SEC. 4. The nominees 14 for governor and lieutenant governor jointly having the highest 15 number of votes cast for them shall be declared duly elected. 16 If two or more sets of nominees for governor and lieutenant 17 governor have an equal and the highest number of votes for 18 the offices jointly, the general assembly shall by joint vote 19 proceed, as soon as is possible, to elect one set of nominees 20 for governor and lieutenant governor. 21 If after the final canvass of votes but before inauguration 22 the governor-elect has since died, does not qualify, or 23 is permanently unable to become governor, the lieutenant 24 governor-elect shall become the governor upon inauguration, to 25 the exclusion of any other office, for the residue of the term. 26 In the event of a temporary inability of the governor-elect 27 to assume office, the lieutenant governor-elect shall become 28 governor upon inauguration, until the inability is removed, at 29 which time, the governor-elect and lieutenant governor-elect 30 shall become governor and lieutenant governor, respectively, 31 upon inauguration. 32 Section 10 of Article IV of the Constitution of the State of 33 Iowa is amended to read as follows: 34 Vacancies —— lieutenant governor vacancy . SEC. 10. When 35 -1- SJR2006.5207 (2) 87 ss/rj 1/ 4 #1.
any office , excluding the office of lieutenant governor, 1 shall, from any cause, become vacant, and no mode is provided 2 by the constitution and laws for filling such vacancy, the 3 governor shall have power to fill such vacancy, by granting a 4 commission, which shall expire at the end of the next session 5 of the general assembly, or at the next election by the people. 6 When the office of lieutenant governor shall, from any 7 cause, become vacant, and no mode is otherwise provided by the 8 constitution for filling such vacancy, the governor shall have 9 power to fill such vacancy for the residue of the term, by 10 granting a commission, which shall expire as provided in the 11 constitution. 12 Section 17 of Article IV of the Constitution of the State of 13 Iowa is repealed and the following adopted in lieu thereof: 14 Lieutenant governor to become governor —— filling of 15 lieutenant governor vacancy. SEC. 17. In case of death, 16 impeachment, resignation, removal from office, or other 17 inability to serve of the governor, the lieutenant governor 18 shall succeed and become the governor, to the exclusion of any 19 other office. If the preceding governor thereafter becomes 20 able to serve, the preceding governor shall become governor and 21 the succeeding governor shall resume the office of lieutenant 22 governor, to the exclusion of any other office, each for the 23 residue of the term, respectively. If the succeeding governor 24 has filled a vacancy in the office of lieutenant governor 25 by granting a commission, that commission shall expire upon 26 the resumption of the office of lieutenant governor by the 27 preceding lieutenant governor. 28 Section 19 of Article IV of the Constitution of the State 29 of Iowa, as amended by amendment number 2 of the Amendments of 30 1952 and by amendment number 2 of the Amendments of 1988, is 31 repealed and the following adopted in lieu thereof: 32 Succession to office of governor and lieutenant governor —— 33 simultaneous inability to serve —— qualification of successor 34 governor to office. SEC. 19. If the governor and lieutenant 35 -2- SJR2006.5207 (2) 87 ss/rj 2/ 4
governor are simultaneously unable to serve, the president of 1 the senate shall become governor, followed by the speaker of 2 the house of representatives if the president of the senate 3 is unable or unwilling to serve, followed by the president 4 pro tempore of the senate if the speaker of the house of 5 representatives is unable or unwilling to serve, followed 6 by the speaker pro tempore of the house of representatives 7 if the president pro tempore of the senate is unable or 8 unwilling to serve, each succeeding, to the exclusion of any 9 other office. If none of the above are able or willing to 10 serve as governor and the general assembly is not in session, 11 the justices of the supreme court shall convene the general 12 assembly by proclamation and the general assembly shall 13 organize by the election of a president of the senate and a 14 speaker of the house of representatives. The president-elect 15 of the senate shall then become governor. If at that time the 16 president-elect of the senate is unable or unwilling to serve, 17 the speaker-elect of the house of representatives shall become 18 governor. 19 If the governor so succeeded becomes able to serve, the 20 governor so succeeded shall resume the office of governor. If 21 the lieutenant governor so succeeded becomes able to serve 22 while the governor so succeeded remains unable to serve, the 23 lieutenant governor so succeeded shall assume the office of 24 governor. 25 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 26 amendment to the Constitution of the State of Iowa is referred 27 to the general assembly to be chosen at the next general 28 election for members of the general assembly, and the secretary 29 of state is directed to cause the proposed amendment to be 30 published for three consecutive months previous to the date of 31 that election as provided by law. > 32 -3- SJR2006.5207 (2) 87 ss/rj 3/ 4
______________________________ BALTIMORE of Boone -4- SJR2006.5207 (2) 87 ss/rj 4/ 4