House Joint Resolution 6 - IntroducedA Bill ForA Joint Resolution 1proposing an amendment to the Constitution
2of the State of Iowa relating to the gubernatorial line of
3succession.
   4BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.   The following amendment to the Constitution of
2the State of Iowa is proposed:
   3Section 4 of Article IV of the Constitution of the State of
4Iowa, as amended by amendment number 1 of the Amendments of
51952 and by amendment number 1 of the Amendments of 1988, is
6repealed and the following adopted in lieu thereof:
   7Sec.4.  Election by general assembly in case of tie
8— inability of governor-elect to qualify — succession by
9lieutenant governor — inauguration of governor and lieutenant
10governor upon removal of inability of governor-elect to
11qualify.
  The nominees for governor and lieutenant governor
12jointly having the highest number of votes cast for them shall
13be declared duly elected. If two or more sets of nominees for
14governor and lieutenant governor have an equal and the highest
15number of votes for the offices jointly, the general assembly
16shall by joint vote proceed, as soon as is possible, to elect
17one set of nominees for governor and lieutenant governor.
   18If after the final canvass of votes but before inauguration
19the governor-elect has since died, does not qualify, or
20is permanently unable to become governor, the lieutenant
21governor-elect shall become the governor upon inauguration, to
22the exclusion of any other office, for the residue of the term.
   23In the event of a temporary inability of the governor-elect
24to assume office, the lieutenant governor-elect shall become
25governor upon inauguration, until the inability is removed, at
26which time, the governor-elect and lieutenant governor-elect
27shall become governor and lieutenant governor, respectively,
28upon inauguration.
   29Section 10 of Article IV of the Constitution of the State of
30Iowa is amended to read as follows:
   31Sec.10.  Vacancies — lieutenant governor vacancy.  When
32any office, excluding the office of lieutenant governor,
33 shall, from any cause, become vacant, and no mode is provided
34by the constitution and laws for filling such vacancy, the
35governor shall have power to fill such vacancy, by granting a
-1-1commission, which shall expire at the end of the next session
2of the general assembly, or at the next election by the people.
   3When the office of lieutenant governor shall, from any
4cause, become vacant, and no mode is otherwise provided by the
5constitution for filling such vacancy, the governor shall have
6power to fill such vacancy for the residue of the term, by
7granting a commission, which shall expire as provided in the
8constitution.

   9Section 17 of Article IV of the Constitution of the State of
10Iowa is repealed and the following adopted in lieu thereof:
   11Sec.17.  Lieutenant governor to become governor — filling
12of lieutenant governor vacancy.
  In case of death, impeachment,
13resignation, removal from office, or other inability to serve
14of the governor, the lieutenant governor shall succeed and
15become the governor, to the exclusion of any other office. If
16the preceding governor thereafter becomes able to serve, the
17preceding governor shall become governor and the succeeding
18governor shall resume the office of lieutenant governor, to
19the exclusion of any other office, each for the residue of the
20term, respectively. If the succeeding governor has filled a
21vacancy in the office of lieutenant governor by granting a
22commission, that commission shall expire upon the resumption of
23the office of lieutenant governor by the preceding lieutenant
24governor.
   25Section 19 of Article IV of the Constitution of the State
26of Iowa, as amended by amendment number 2 of the Amendments of
271952 and by amendment number 2 of the Amendments of 1988, is
28repealed and the following adopted in lieu thereof:
   29Sec.19.  Succession to office of governor and lieutenant
30governor — simultaneous inability to serve — qualification of
31successor governor to office.
  If the governor and lieutenant
32governor are simultaneously unable to serve, the president of
33the senate shall become governor, followed by the speaker of
34the house of representatives if the president of the senate
35is unable or unwilling to serve, followed by the president
-2-1pro tempore of the senate if the speaker of the house of
2representatives is unable or unwilling to serve, followed
3by the speaker pro tempore of the house of representatives
4if the president pro tempore of the senate is unable or
5unwilling to serve, each succeeding, to the exclusion of any
6other office. If none of the above are able or willing to
7serve as governor and the general assembly is not in session,
8the justices of the supreme court shall convene the general
9assembly by proclamation and the general assembly shall
10organize by the election of a president of the senate and a
11speaker of the house of representatives. The president-elect
12of the senate shall then become governor. If at that time the
13president-elect of the senate is unable or unwilling to serve,
14the speaker-elect of the house of representatives shall become
15governor.
   16If the governor so succeeded becomes able to serve, the
17governor so succeeded shall resume the office of governor. If
18the lieutenant governor so succeeded becomes able to serve
19while the governor so succeeded remains unable to serve, the
20lieutenant governor so succeeded shall assume the office of
21governor.
22   Sec. 2.REFERRAL AND PUBLICATION.   The foregoing proposed
23amendment to the Constitution of the State of Iowa is referred
24to the general assembly to be chosen at the next general
25election for members of the general assembly, and the secretary
26of state is directed to cause the proposed amendment to be
27published for three consecutive months previous to the date of
28that election as provided by law.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
   32This joint resolution proposes an amendment to the
33Constitution of the State of Iowa relating to the consequences
34of a governor becoming temporarily or permanently unable to
35perform the duties of the governor. In the case of a temporary
-3-1disability or an impeachment with the possibility of acquittal,
2the lieutenant governor shall have the powers of the governor
3until the governor is able to resume the office. In the case
4of a permanent disability, death, resignation, or removal
5from office of the governor including by impeachment, the
6lieutenant governor shall assume the office of the governor.
7In this case, the former lieutenant governor shall appoint a
8new lieutenant governor, who will have the same powers and
9duties as one who was elected, including the duty to act as
10governor, or to assume the office of the governor and appoint a
11new lieutenant governor.
   12The resolution, if adopted, would be published and then
13referred to the next general assembly (89th) for adoption,
14before being submitted to the electorate for ratification.
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