Establishes vacancies in the office of lieutenant-governor shall be filled for the remainder of the term by appointment of the governor

Title of bill

CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article 4 of the constitution, relating to the filling of vacancies in the office of lieutenant-governor

Purpose or general idea of bill

To provide for the filling of the office of lieutenant-governor when a vacancy in that office alone occurs as a result of removal, death, resignation or ascension to governor.

Summary of specific provisions

Section 1 provides that section 6 of article 4 of the constitution be amended by adding a new fourth undesignated paragraph to provide that in the case of the removal of the lieutenant-governor alone from office, or of his or her death, resignation or ascension to governor, the office of lieutenant-governor shall be filled by appointment of the governor, subject to confirmation by majority vote of the legislature at a joint session to be held within 30 days of such removal, death, resignation, or ascension.

Section 2 provides that the proposed amendment be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and be published for 3 months previous to the time of such election in accordance with section 1 of article 19 of the constitution.

Justification

There is no provision in the constitution for filling a vacancy in the office of lieutenant-governor alone. Although there is a provision for a special election where vacancies occur in both the office of governor and the office of lieutenant-governor, and although there is a provision for filling a vacancy in the office of governor alone, there is no such provision for filling a vacancy in the office of lieutenant-governor when the office of governor is not vacant. When a vacancy occurs in the office of lieutenant-governor, the temporary president of the senate performs all the duties of the lieutenant-governor during such vacancy, but there is no provision for actually filling the vacancy. Since the governor and lieutenant-governor are elected jointly and because the lieutenant-governor acts as governor when the governor is absent from the state or is otherwise unable to discharge the powers of governor, the governor should choose the lieutenant-governor. However, because the lieutenant-governor is elected at the general election by the voters, the selection of lieutenant-governor when a vacancy occurs should not be left solely to the governor, but should be subject to confirmation by the entire legislature, representing the voters of the state.

Prior legislative history

2007-2008 Judiciary

Fiscal implications

None.

Effective date

Immediately upon amendment of the constitution pursuant to its provisions.