Bill Text: IA SJR2006 | 2017-2018 | 87th General Assembly | Enrolled

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Bill Title: A joint resolution proposing an amendment to the Constitution of the State of Iowa relating to the gubernatorial line of succession. (Formerly SSB 3133.) Effective 7-1-18.

Sponsorship: Committee Bill

Status: (Engrossed - Dead) 2018-05-02 - Sent to Secretary of State. S.J. 1042. [SJR2006 Detail]

Download: Iowa-2017-SJR2006-Enrolled.html

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Senate Joint Resolution 2006 - Enrolled




                              SENATE JOINT RESOLUTION       
                              BY  COMMITTEE ON STATE
                                  GOVERNMENT

                              (SUCCESSOR TO SSB
                                  3133)
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                                   SENATE JOINT RESOLUTION
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                   Senate Joint Resolution 2006

                       A JOINT RESOLUTION
 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 repealed and the following adopted in lieu thereof: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 SCHNEIDE


                                                                                            LINDA UPMEYER


                                                                                            W. CHARLES SMITH

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