1995 - 1996 LEGISLATURE
September 20, 1995 - Introduced by Representatives Wasserman, F. Lasee, Ryba
and Wirch. Referred to Committee on Elections and Constitutional Law.
AJR57,1,4 1To amend so as in effect to repeal section 10 (2) of article XIII; to renumber section
210 (1) of article XIII;
and to amend sections 1, 2, 3, 7 and 8 of article V and
3section 1 of article VII of the constitution;
relating to: abolishing the office of
4lieutenant governor (first consideration).
Analysis by the Legislative Reference Bureau
This constitutional amendment, proposed to the 1995 legislature on first
consideration, abolishes the office of lieutenant governor.
Presently, the constitution provides that, upon the governor's death,
resignation or removal from office, the lieutenant governor becomes governor. It also
provides that, if the governor is absent from the state, impeached, or, from mental
or physical disease, becomes incapable of performing the duties of the office, the
lieutenant governor serves as acting governor. This joint resolution provides that the
speaker of the assembly, instead, shall become governor or acting governor under
those circumstances.
As a constitutional amendment, the proposal requires adoption by 2 successive
legislatures, and ratification by the people, before it can become effective.
AJR57,1,5 5Resolved by the assembly, the Senate concurring, That:
AJR57, s. 1 6Section 1. Section 1 of article V of the constitution is amended to read:
AJR57,1,97 [Article V] Section 1. The executive power shall be vested in a governor who
8shall hold office for 4 years; a lieutenant governor shall be elected at the same time
9and for the same term
.
AJR57, s. 2
1Section 2. Section 2 of article V of the constitution is amended to read:
AJR57,2,42 [Article V] Section 2. No person except a citizen of the United States and a
3qualified elector of the state shall be eligible to the office of governor or lieutenant
4governor
.
AJR57, s. 3 5Section 3. Section 3 of article V of the constitution is amended to read:
AJR57,2,176 [Article V] Section 3. The governor and lieutenant governor shall be elected
7by the qualified electors of the state at the times and places of choosing members of
8the legislature. They shall be chosen jointly, by the casting by each voter of a single
9vote applicable to both offices beginning with the general election in 1970.
The
10persons respectively having person for whom the highest number of votes are cast
11jointly for them for governor and lieutenant governor shall be elected; but in case two
12or more slates persons shall have an equal and the highest number of votes for
13governor and lieutenant governor, the two houses of the legislature, at its next
14annual session shall forthwith, by joint ballot, choose one of the slates persons so
15having an equal and the highest number of votes for governor and lieutenant
16governor
. The returns of election for governor and lieutenant governor shall be made
17in such manner as shall be provided by law.
AJR57, s. 4 18Section 4. Section 7 of article V of the constitution is amended to read:
AJR57,2,2119 [Article V] Section 7 (1) Upon the governor's death, resignation or removal
20from office, the lieutenant governor speaker of the assembly shall become governor
21for the balance of the unexpired term.
AJR57,3,322 (2) If the governor is absent from this state, impeached, or from mental or
23physical disease, becomes incapable of performing the duties of the office, the
24lieutenant governor speaker of the assembly shall serve as acting governor for the
25balance of the unexpired term or until the governor returns, the disability ceases or

1the impeachment is vacated. But when the governor, with the consent of the
2legislature, shall be out of this state in time of war at the head of the state's military
3force, the governor shall continue as commander in chief of the military force.
AJR57, s. 5 4Section 5. Section 8 of article V of the constitution is amended to read:
AJR57,3,75 [Article V] Section 8 (1) If there is a vacancy in the office of lieutenant governor
6speaker of the assembly and the governor dies, resigns or is removed from office, the
7secretary of state shall become governor for the balance of the unexpired term.
AJR57,3,128 (2) If there is a vacancy in the office of lieutenant governor speaker of the
9assembly
and the governor is absent from this state, impeached, or from mental or
10physical disease becomes incapable of performing the duties of the office, the
11secretary of state shall serve as acting governor for the balance of the unexpired term
12or until the governor returns, the disability ceases or the impeachment is vacated.
AJR57, s. 6 13Section 6. Section 1 of article VII of the constitution is amended to read:
AJR57,3,2014 [Article VII] Section 1. (1) The court for the trial of impeachments shall be
15composed of the senate. The assembly shall have the power of impeaching all civil
16officers of this state for corrupt conduct in office, or for crimes and misdemeanors; but
17a majority of all the members elected shall concur in an impeachment. On the trial
18of an impeachment against the governor, the lieutenant governor shall not act as a
19member of the court.
No judicial officer shall exercise his that office, after he shall
20have
the judicial officer has been impeached, until his acquittal acquitted.
AJR57,3,24 21(2) Before the trial of an impeachment the members of the court shall take an
22oath or affirmation truly and impartially to try the impeachment according to
23evidence; and no person shall be convicted without the concurrence of two-thirds of
24the members present.
AJR57,4,4
1(3) Judgment in cases of impeachment shall not extend further than to removal
2from office, or removal from office and disqualification to hold any office of honor,
3profit or trust under the state; but the party impeached shall be liable to indictment,
4trial and punishment according to law.
AJR57, s. 7 5Section 7. Section 10 (1) of article XIII of the constitution is renumbered
6section 10 of article XIII.
AJR57, s. 8 7Section 8. Section 10 (2) of article XIII of the constitution is amended so as in
8effect to repeal such subsection:
AJR57,4,129 [Article XIII] Section 10 (2) Whenever there is a vacancy in the office of
10lieutenant governor, the governor shall nominate a successor to serve for the balance
11of the unexpired term, who shall take office after confirmation by the senate and by
12the assembly.
AJR57,4,15 13Be it further resolved, That this proposed amendment be referred to the
14legislature to be chosen at the next general election and that it be published for 3
15months previous to the time of holding such election.
AJR57,4,1616 (End)
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