Gubernatorial Succession II
How do you interpret the Utah Constitution's provision regarding Gubernatorial Succession -- if a Governor were to leave office after 1 week, would the LG then serve for 2 years or 4 years?
Here is the text (for the hyperlink impaired):
Article VII, Section 11.
In case of the death of the Governor, impeachment, removal from office, resignation, or disability to discharge the duties of the office, or in case of a Governor-elect who fails to take office, the powers and duties of the Governor shall devolve upon the Lieutenant Governor until the disability ceases or until the next general election, when the vacancy shall be filled by election. If, during a vacancy in the office of Governor, the Lieutenant Governor resigns, dies, is removed, or becomes incapable of performing the duties of the office, the President of the Senate shall act as Governor until the vacancy is filled or disability ceases. If in this case the President of the Senate resigns, dies, is removed, or becomes incapable of performing the duties of the office, the Speaker of the House shall act as Governor until the vacancy is filled or disability ceases. While performing the duties of the Governor as provided in this section, the Lieutenant Governor, the President of the Senate, or the Speaker of the House, as the case may be, shall be entitled to the salary and emoluments of the Governor, except in cases of temporary disability.
The disability of the Governor or person acting as Governor shall be determined by either a written declaration transmitted to the Supreme Court by the Governor stating an inability to discharge the powers and duties of the office or by a majority of the Supreme Court on joint request of the President of the Senate and the Speaker of the House of Representatives. Such determination shall be final and conclusive. Thereafter, when the Governor transmits to the Supreme Court a written declaration that no disability exists, the Governor shall resume the powers and duties of the office unless the Supreme Court, upon joint request of the President of the Senate and the Speaker of the House of Representatives, or upon its own initiative, determines that the Governor is unable to discharge the powers and duties of the office. The Lieutenant Governor shall then continue to discharge these powers and duties as acting Governor. The Supreme Court has exclusive jurisdiction to determine all questions arising under this section.
Here is the text (for the hyperlink impaired):
Article VII, Section 11.
In case of the death of the Governor, impeachment, removal from office, resignation, or disability to discharge the duties of the office, or in case of a Governor-elect who fails to take office, the powers and duties of the Governor shall devolve upon the Lieutenant Governor until the disability ceases or until the next general election, when the vacancy shall be filled by election. If, during a vacancy in the office of Governor, the Lieutenant Governor resigns, dies, is removed, or becomes incapable of performing the duties of the office, the President of the Senate shall act as Governor until the vacancy is filled or disability ceases. If in this case the President of the Senate resigns, dies, is removed, or becomes incapable of performing the duties of the office, the Speaker of the House shall act as Governor until the vacancy is filled or disability ceases. While performing the duties of the Governor as provided in this section, the Lieutenant Governor, the President of the Senate, or the Speaker of the House, as the case may be, shall be entitled to the salary and emoluments of the Governor, except in cases of temporary disability.
The disability of the Governor or person acting as Governor shall be determined by either a written declaration transmitted to the Supreme Court by the Governor stating an inability to discharge the powers and duties of the office or by a majority of the Supreme Court on joint request of the President of the Senate and the Speaker of the House of Representatives. Such determination shall be final and conclusive. Thereafter, when the Governor transmits to the Supreme Court a written declaration that no disability exists, the Governor shall resume the powers and duties of the office unless the Supreme Court, upon joint request of the President of the Senate and the Speaker of the House of Representatives, or upon its own initiative, determines that the Governor is unable to discharge the powers and duties of the office. The Lieutenant Governor shall then continue to discharge these powers and duties as acting Governor. The Supreme Court has exclusive jurisdiction to determine all questions arising under this section.
posted by steve u. at 8/01/2006
Subscribe
7 Comments:
Again, I'd like the discussion to steer clear of specific individuals as much as possible -- though I realize my commentors are an unruly bunch.
It says, "the next general election." Everything I can find denotes that, in Utah, general elections occur in every even numbered year. So, it seems obvious that a new governor would be elected in two years, rather than four.
I agree with reach upward - it is very clear that "general election" refers to the even numbered year elections. If the governor-elect cannot fulfill duties of the office within the first 2 years of taking office, then the Lt Governor would act as such until the 2 year mark. And I stress that the Lt Governor would be "Acting" governor and not "Governor". While this may seem insignificant on the surface, the public needs to be reminded of that fact on a regular basis that the Lt Governor (or other "acting" in the stead of governor) is just that - "acting".
I think we need any and all appropriate legal opinions on what the language in the Utah Constitution means. Then if it needs clarification, we need to do so. It would be nice if the public knew the resulting outcome, because I really don't think most citizens contemplate a high likelihood of a Lt. Governor becoming Governor early in a four-year term. I mean how often have we even seen it happen towards the end of a Governor's term, such as Mike Leavitt/Olene Walker? Yes, they're elected as a ticket, but I think most of us really are voting for the Governor we want, not the Lt. Governor (and potential Governor) we want.
I personally want the chance to elect my Governor as the Governor, and I suggest that most citizens would be similarly inclined. I therefore think it makes sense to clarify that the language from the Constitution that you provided, Steve, really means what "Reach Upward" and "Miner" think it means (I agree with them, by the way). I think this is a reasonable timeframe in which to 1) maintain order and efficient operation of the state, and 2) prepare to hold a general election when a Governor can be elected.
It also seems clear from the first paragraph that whoever is actiing Governor also maintains her other position: thus the Lt. Governor is still the Lt. Governor while acting as Governor; the President of the Senate would maintain that position too. Interesting conflict of interest there if you made it all the way down to either the Senate President or the Speaker of the House.
The possibility of having a "non-elected" governor serve for 2 years seems like a long time to me. That being said, the fact that the Gov. and Lt. Gov run as a ticket implies the same as with the President of the US. If the Gov. leaves for any reason the Lt. Gov. is the replacement for the duration of the term.
Steve, I am curious about the history of this section of the Constitution. As you may recall when John Tyler ("His Ascendancy") became President on the death of William Henry Harrison ("Tippecanoe") there was disagreement on whether Tyler was acting President or was indeed the bona fide President. Tyler, of course, took the position that he was indeed President and abandoned all his Vice-Presidential duties. I believe, however, the debate continued on after this an encompassed the presidencies of Andrew Johnson (who has the ignominy of being the first president to be impeached, but like Clinton, not removed from office.)
I wonder if the Utah Constitution is obliquely addressing this succession issue by taking the position that the person in office is not actually that officer but is acting as the officer would until there is a new election.
It also seems interesting that the Utah Constituion directly addresses a disabled governor whereas it took the Woodrow Wilson stroke crisis to bring that up for the federal government. If I had the gumption I would look to see if the Utah Constitution has been amended to fix the problems of the past.
Are you implying such a constitutional ammendment her to clarify what this section means?
<< Home