Senate Bill S5205

                                 BILL NUMBER:  S5205

 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.