AJR4: Joint Resolution Text

LRB-0024/1

PJD:kmg:pg

2003 - 2004 LEGISLATURE

2003 Assembly JOINT RESOLUTION 4

January 22, 2003 - Introduced by Representatives Wasserman, Ziegelbauer, Bies, Kerkman, Ainsworth and Suder, cosponsored by Senator A. Lasee. Referred to Committee on Government Operations and Spending Limitations.

AJR4,1,5 To amend so as in effect to repeal section 10 (2) of article XIII; to renumber section 10 (1) of article XIII; and to amend section 1 of article V, section 2 of article V, section 3 of article V, section 7 of article V, section 8 of article V and section 1 of article VII of the constitution; relating to: abolishing the office of lieutenant governor (first consideration).

Analysis by the Legislative Reference Bureau

This proposed constitutional amendment, proposed to the 2003 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.

A proposed constitutional amendment requires adoption by 2 successive legislatures, and ratification by the people, before it can become effective.

AJR4,1,6 Resolved by the assembly, the senate concurring, That:

AJR4, s. 1 Section 1. Section 1 of article V of the constitution is amended to read:

AJR4,2,3 [Article V] Section 1. The executive power shall be vested in a governor who shall hold office for 4 years; a lieutenant governor shall be elected at the same time and for the same term.

AJR4, s. 2 Section 2. Section 2 of article V of the constitution is amended to read:

AJR4,2,7 [Article V] Section 2. No person except a citizen of the United States and a qualified elector of the state shall be eligible to the office of governor or lieutenant governor.

AJR4, s. 3 Section 3. Section 3 of article V of the constitution is amended to read:

AJR4,2,20 [Article V] Section 3. The governor and lieutenant governor shall be elected by the qualified electors of the state at the times and places of choosing members of the legislature. They shall be chosen jointly, by the casting by each voter of a single vote applicable to both offices beginning with the general election in 1970. The persons respectively having person for whom the highest number of votes is cast jointly for them for governor and lieutenant governor shall be elected; but in case two or more slates persons shall have an equal and the highest number of votes for governor and lieutenant governor, the two houses of the legislature, at its next annual session, shall forthwith, by joint ballot, choose one of the slates persons so having an equal and the highest number of votes for governor and lieutenant governor. The returns of election for governor and lieutenant governor shall be made in such manner as shall be provided by law.

AJR4, s. 4 Section 4. Section 7 of article V of the constitution is amended to read:

AJR4,2,24 [Article V] Section 7 (1) Upon the governor's death, resignation or removal from office, the lieutenant governor speaker of the assembly shall become governor for the balance of the unexpired term.

AJR4,3,7 (2) If the governor is absent from this state, impeached, or from mental or physical disease, becomes incapable of performing the duties of the office, the lieutenant governor speaker of the assembly shall serve as acting governor for the balance of the unexpired term or until the governor returns, the disability ceases or the impeachment is vacated. But when the governor, with the consent of the legislature, shall be out of this state in time of war at the head of the state's military force, the governor shall continue as commander in chief of the military force.

AJR4, s. 5 Section 5. Section 8 of article V of the constitution is amended to read:

AJR4,3,11 [Article V] Section 8 (1) If there is a vacancy in the office of lieutenant governor speaker of the assembly and the governor dies, resigns or is removed from office, the secretary of state shall become governor for the balance of the unexpired term.

AJR4,3,16 (2) If there is a vacancy in the office of lieutenant governor speaker of the assembly and the governor is absent from this state, impeached, or from mental or physical disease becomes incapable of performing the duties of the office, the secretary of state shall serve as acting governor for the balance of the unexpired term or until the governor returns, the disability ceases or the impeachment is vacated.

AJR4, s. 6 Section 6. Section 1 of article VII of the constitution is amended to read:

AJR4,3,24 [Article VII] Section 1. (1) The court for the trial of impeachments shall be composed of the senate. The assembly shall have the power of impeaching all civil officers of this state for corrupt conduct in office, or for crimes and misdemeanors; but a majority of all the members elected shall concur in an impeachment. On the trial of an impeachment against the governor, the lieutenant governor shall not act as a member of the court. No judicial officer shall exercise his that office, after he shall have the judicial officer has been impeached, until his acquittal acquitted.

AJR4,4,4 (2) Before the trial of an impeachment the members of the court shall take an oath or affirmation truly and impartially to try the impeachment according to evidence; and no person shall be convicted without the concurrence of two-thirds of the members present.

AJR4,4,8 (3) Judgment in cases of impeachment shall not extend further than to removal from office, or removal from office and disqualification to hold any office of honor, profit or trust under the state; but the party impeached shall be liable to indictment, trial and punishment according to law.

AJR4, s. 7 Section 7. Section 10 (1) of article XIII of the constitution is renumbered section 10 of article XIII.

AJR4, s. 8 Section 8. Section 10 (2) of article XIII of the constitution is amended so as in effect to repeal said subsection:

AJR4,4,16 [Article XIII] Section 10 (2) Whenever there is a vacancy in the office of lieutenant governor, the governor shall nominate a successor to serve for the balance of the unexpired term, who shall take office after confirmation by the senate and by the assembly.

AJR4,4,19 Be it further resolved, That this proposed amendment be referred to the legislature to be chosen at the next general election and that it be published for 3 months previous to the time of holding such election.

AJR4,4,20 (End)