Senate Joint Resolution 2006 - Reprinted SENATE JOINT RESOLUTION 2006 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 3133) (As Amended and Passed by the Senate March 7, 2018 ) SENA TE JOINT RESOLUTION A Joint Resolution proposing an amendment to the Constitution 1 of the State of Iowa relating to the gubernatorial line of 2 succession. 3 BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 SJR 2006 (2) 87 ss/rj/jh
S.J.R. 2006 Section 1. The following amendment to the Constitution of 1 the State of Iowa is proposed: 2 Section 4 of Article IV of the Constitution of the State of 3 Iowa, as amended by amendment number 1 of the Amendments of 4 1952 and by amendment number 1 of the Amendments of 1988, is 5 repealed and the following adopted in lieu thereof: 6 Election by general assembly in case of tie —— inability of 7 governor-elect to qualify —— succession by lieutenant governor —— 8 inauguration of governor and lieutenant governor upon removal of 9 inability of governor-elect to qualify. SEC. 4. The nominees 10 for governor and lieutenant governor jointly having the highest 11 number of votes cast for them shall be declared duly elected. 12 If two or more sets of nominees for governor and lieutenant 13 governor have an equal and the highest number of votes for 14 the offices jointly, the general assembly shall by joint vote 15 proceed, as soon as is possible, to elect one set of nominees 16 for governor and lieutenant governor. 17 If after the final canvass of votes but before inauguration 18 the governor-elect has since died, does not qualify, or 19 is permanently unable to assume office, the lieutenant 20 governor-elect shall become governor upon inauguration, to the 21 exclusion of any other office, for the residue of the term. 22 In the event of a temporary inability of the governor-elect 23 to assume office, the lieutenant governor-elect shall become 24 governor upon inauguration, until the inability is removed, at 25 which time, the governor-elect and lieutenant governor-elect 26 shall be inaugurated as governor and lieutenant governor. 27 Section 10 of Article IV of the Constitution of the State of 28 Iowa is amended to read as follows: 29 Vacancies. SEC. 10. When any office shall, from any cause, 30 become vacant, and no mode is provided by the constitution and 31 laws for filling such vacancy, the governor shall have power to 32 fill such vacancy, by granting a commission, which shall expire 33 at the end of the next session of the general assembly, or at 34 the next election by the people. The governor shall have the 35 -1- SJR 2006 (2) 87 ss/rj/jh 1/ 3
S.J.R. 2006 power to fill a vacancy in the office of lieutenant governor 1 by appointment. 2 Section 17 of Article IV of the Constitution of the State of 3 Iowa is repealed and the following adopted in lieu thereof: 4 Lieutenant governor to assume the office of governor —— 5 vacancy. SEC. 17. If the governor dies, resigns, is removed 6 or impeached prior to acquittal or conviction, or is otherwise 7 unable to serve, the lieutenant governor shall become governor, 8 to the exclusion of any other office. If the preceding 9 governor becomes able to serve, the succeeding governor shall 10 again assume the office of lieutenant governor for the residue 11 of the term, to the exclusion of any other office. 12 Section 19 of Article IV of the Constitution of the State 13 of Iowa, as amended by amendment number 2 of the Amendments of 14 1952 and by amendment number 2 of the Amendments of 1988, is 15 repealed and the following adopted in lieu thereof: 16 Succession to office of governor and lieutenant governor —— 17 simultaneous inability to serve —— qualification of successor 18 governor to office. SEC. 19. If the governor and lieutenant 19 governor are simultaneously unable to serve, the president 20 of the senate shall become governor, followed by the speaker 21 of the house if the president of the senate is unable or 22 unwilling to serve, each succeeding, to the exclusion of the 23 powers and duties of any other office. If the governor or 24 lieutenant governor so succeeded becomes able to serve, the 25 governor or lieutenant governor shall assume the office to 26 which the governor or lieutenant governor qualified prior 27 to the inability, and any successor governor who has served 28 during the period of inability may assume the office to which 29 the successor governor previously qualified, if the successor 30 governor served as governor for less than one hundred ten days. 31 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 32 amendment to the Constitution of the State of Iowa is referred 33 to the general assembly to be chosen at the next general 34 election for members of the general assembly, and the secretary 35 -2- SJR 2006 (2) 87 ss/rj/jh 2/ 3
S.J.R. 2006 of state is directed to cause the proposed amendment to be 1 published for three consecutive months previous to the date of 2 that election as provided by law. 3 -3- SJR 2006 (2) 87 ss/rj/jh 3/ 3