Bill Text: IA HJR6 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A joint resolution proposing an amendment to the Constitution of the State of Iowa relating to the gubernatorial line of succession. (Formerly HSB 55.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2019-04-27 - Referred to State Government. H.J. 1076. [HJR6 Detail]

Download: Iowa-2019-HJR6-Introduced.html
House Joint Resolution 6 - Introduced HOUSE JOINT RESOLUTION 6 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HSB 55) HOUSE 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 TLSB 1758HV (1) 88 ss/jh
H.J.R. 6 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as amended by amendment number 1 of the Amendments of 4 1952 and by amendment number 1 of the Amendments of 1988, is 5 repealed and the following adopted in lieu thereof: 6 Sec. 4. Election by general assembly in case of tie 7 —— inability of governor-elect to qualify —— succession by 8 lieutenant governor —— inauguration of governor and lieutenant 9 governor upon removal of inability of governor-elect to 10 qualify. The nominees for governor and lieutenant governor 11 jointly having the highest number of votes cast for them shall 12 be declared duly elected. If two or more sets of nominees for 13 governor and lieutenant governor have an equal and the highest 14 number of votes for the offices jointly, the general assembly 15 shall by joint vote proceed, as soon as is possible, to elect 16 one set of nominees 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 become governor, the lieutenant 20 governor-elect shall become the governor upon inauguration, to 21 the 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 become governor and lieutenant governor, respectively, 27 upon inauguration. 28 Section 10 of Article IV of the Constitution of the State of 29 Iowa is amended to read as follows: 30 Sec. 10. Vacancies —— lieutenant governor vacancy . When 31 any office , excluding the office of lieutenant governor, 32 shall, from any cause, become vacant, and no mode is provided 33 by the constitution and laws for filling such vacancy, the 34 governor shall have power to fill such vacancy, by granting a 35 -1- LSB 1758HV (1) 88 ss/jh 1/ 4
H.J.R. 6 commission, which shall expire at the end of the next session 1 of the general assembly, or at the next election by the people. 2 When the office of lieutenant governor shall, from any 3 cause, become vacant, and no mode is otherwise provided by the 4 constitution for filling such vacancy, the governor shall have 5 power to fill such vacancy for the residue of the term, by 6 granting a commission, which shall expire as provided in the 7 constitution. 8 Section 17 of Article IV of the Constitution of the State of 9 Iowa is repealed and the following adopted in lieu thereof: 10 Sec. 17. Lieutenant governor to become governor —— filling 11 of lieutenant governor vacancy. In case of death, impeachment, 12 resignation, removal from office, or other inability to serve 13 of the governor, the lieutenant governor shall succeed and 14 become the governor, to the exclusion of any other office. If 15 the preceding governor thereafter becomes able to serve, the 16 preceding governor shall become governor and the succeeding 17 governor shall resume the office of lieutenant governor, to 18 the exclusion of any other office, each for the residue of the 19 term, respectively. If the succeeding governor has filled a 20 vacancy in the office of lieutenant governor by granting a 21 commission, that commission shall expire upon the resumption of 22 the office of lieutenant governor by the preceding lieutenant 23 governor. 24 Section 19 of Article IV of the Constitution of the State 25 of Iowa, as amended by amendment number 2 of the Amendments of 26 1952 and by amendment number 2 of the Amendments of 1988, is 27 repealed and the following adopted in lieu thereof: 28 Sec. 19. Succession to office of governor and lieutenant 29 governor —— simultaneous inability to serve —— qualification of 30 successor governor to office. If the governor and lieutenant 31 governor are simultaneously unable to serve, the president of 32 the senate shall become governor, followed by the speaker of 33 the house of representatives if the president of the senate 34 is unable or unwilling to serve, followed by the president 35 -2- LSB 1758HV (1) 88 ss/jh 2/ 4
H.J.R. 6 pro tempore of the senate if the speaker of the house of 1 representatives is unable or unwilling to serve, followed 2 by the speaker pro tempore of the house of representatives 3 if the president pro tempore of the senate is unable or 4 unwilling to serve, each succeeding, to the exclusion of any 5 other office. If none of the above are able or willing to 6 serve as governor and the general assembly is not in session, 7 the justices of the supreme court shall convene the general 8 assembly by proclamation and the general assembly shall 9 organize by the election of a president of the senate and a 10 speaker of the house of representatives. The president-elect 11 of the senate shall then become governor. If at that time the 12 president-elect of the senate is unable or unwilling to serve, 13 the speaker-elect of the house of representatives shall become 14 governor. 15 If the governor so succeeded becomes able to serve, the 16 governor so succeeded shall resume the office of governor. If 17 the lieutenant governor so succeeded becomes able to serve 18 while the governor so succeeded remains unable to serve, the 19 lieutenant governor so succeeded shall assume the office of 20 governor. 21 Sec. 2. REFERRAL AND PUBLICATION. The foregoing proposed 22 amendment to the Constitution of the State of Iowa is referred 23 to the general assembly to be chosen at the next general 24 election for members of the general assembly, and the secretary 25 of state is directed to cause the proposed amendment to be 26 published for three consecutive months previous to the date of 27 that election as provided by law. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This joint resolution proposes an amendment to the 32 Constitution of the State of Iowa relating to the consequences 33 of a governor becoming temporarily or permanently unable to 34 perform the duties of the governor. In the case of a temporary 35 -3- LSB 1758HV (1) 88 ss/jh 3/ 4
H.J.R. 6 disability or an impeachment with the possibility of acquittal, 1 the lieutenant governor shall have the powers of the governor 2 until the governor is able to resume the office. In the case 3 of a permanent disability, death, resignation, or removal 4 from office of the governor including by impeachment, the 5 lieutenant governor shall assume the office of the governor. 6 In this case, the former lieutenant governor shall appoint a 7 new lieutenant governor, who will have the same powers and 8 duties as one who was elected, including the duty to act as 9 governor, or to assume the office of the governor and appoint a 10 new lieutenant governor. 11 The resolution, if adopted, would be published and then 12 referred to the next general assembly (89th) for adoption, 13 before being submitted to the electorate for ratification. 14 -4- LSB 1758HV (1) 88 ss/jh 4/ 4
feedback