Provides for filling of vacancies in the office of governor and lt. 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 governor and lieutenant-governor

Purpose or general idea of bill

Provides for the filling of vacancies in the offices of governor and lieutenant-governor in the event of the governor's death, resignation, removal, or any other absence from office.

Summary of specific provisions

Section 1. Provides that section 5 of article 4 of the constitution be amended by removing the provision that a lieutenant-governor succeeding to the office of governor shall become governor "for the remainder of the term," and replaces it with the provision that the lieutenant-governor shall become governor "until the next general election happening not less than three months after the office of governor shall have become vacant, at which a governor and lieutenant-governor shall be elected to serve the remainder of the term." In case the governor-elect shall decline to serve or shall die, the provision stating that the lieutenant-governor-elect shall become governor "for the full term," will be replaced by a provision stating that the lieutenant-governor-elect shall become governor "until the next general election." At this time, an election will be held for the office, the winner of which will serve out the remainder of the term. The provision stating that in the event the governor is impeached, absent from the state, or is otherwise unable to discharge the powers and duties of the office of governor, the lieutenant-governor shall act as governor until the inability shall cease or "until the term of the governor shall expire," will be replaced by a provision stating that the lieutenant-governor shall act as governor only until the inability shall cease or "until the next general election happening not less than three months after the office of governor shall have become vacant, at which a new governor and lieutenant-governor shall be elected for the remainder of the term."

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 three months previous to the time of such election in accordance with section 1 of article 19 of the constitution.

Justification

As the constitution currently reads, the lieutenant governor, when succeeding to the office of governor, is not required to come before the voters of the state in an election. Given the considerable influence of the governor, the voters should have the ability to directly choose who they want filling this office for such an extended period of time as up to four years. The voters of the state should be given the opportunity to either approve of or reject the new governor via their vote in an election. It demonstrates a lack of direct democratic participation in this process for the consent of the voters to be left out of this momentous decision and should be corrected. With this amendment, the power to fill this important office will be more immediately returned to the voters of the state.

Prior legislative history

2008, A.11101 05/15/2008 referred to judiciary 05/19/2008 attorney-general for opinion 06/12/2008 opinion referred to judiciary

Fiscal implications

None.

Effective date

This act shall take effect upon amendment of the constitution pursuant to its provisions.