HF 39

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:33am

A bill for an act
relating to elections; proposing an amendment to the Minnesota Constitution,
article V, section 5, providing for an election to fill a vacancy in the office of
governor; changing the procedure for a special election to fill a United States
Senate vacancy; amending Minnesota Statutes 2008, sections 4.06; 204D.17,
subdivision 1; repealing Minnesota Statutes 2008, section 204D.28.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin CONSTITUTIONAL AMENDMENT PROPOSED.
new text end

new text begin An amendment to the Minnesota Constitution is proposed to the people. If the
amendment is adopted, article V, section 5, will read:
new text end

Sec. 5.

In case a vacancy occurs from any cause whatever in the office of governor, the
lieutenant governor shall be governor during deleted text begin such deleted text end new text begin the time before an election is held to fill
the new text end vacancy. new text begin The election must be held no less than 60 days and no more than 120 days
after the vacancy occurs. new text end The compensation of the lieutenant governor shall be prescribed
by law. The last elected presiding officer of the senate shall become lieutenant governor in
case a vacancy occurs in that office. In case the governor is unable to discharge the powers
and duties of his office, the same devolves on the lieutenant governor. The legislature may
provide by law for the case of the removal, death, resignation, or inability both of the
governor and lieutenant governor to discharge the duties of governor and may provide by
law for continuity of government in periods of emergency resulting from disasters caused
by enemy attack in this state, including but not limited to, succession to the powers and
duties of public office and change of the seat of government.

Sec. 2. new text begin SUBMISSION TO VOTERS.
new text end

new text begin The proposed amendment shall be submitted to the people at the 2010 general
election. The question submitted shall be:
new text end

new text begin "Shall the Minnesota Constitution be amended to provide that a permanent vacancy
in the office of governor be filled by election?
new text end

new text begin Yes ....... new text end

new text begin No ......." new text end

Sec. 3.

Minnesota Statutes 2008, section 4.06, is amended to read:

4.06 VACANCY; SUCCESSION; DISABILITY.

(a) When a vacancy occurs, from any cause whatever, in the office of governor, the
lieutenant governor shall become governor new text begin until an election is held to fill the vacancy new text end and
the last duly elected president of the senate shall become lieutenant governor for the
remainder of the term. When a vacancy occurs, from any cause whatever, in the office of
governor and in the office of lieutenant governor, the president of the senate shall become
governor deleted text begin for the remainder of the term deleted text end new text begin until an election is held to fill the vacancy new text end . If there
be no president of the senate, then the speaker of the house shall become governor for the
remainder of the term; or if there be none, then the secretary of state, or the auditor, or
the attorney general, in that order, shall upon resignation from office, become governor
deleted text begin for the remainder of the term deleted text end new text begin until an election is held to fill the vacancy new text end .

(b) In case of the death or other failure to take office of the governor-elect, the
lieutenant governor-elect shall become governor from the same time and in the same
manner and for the same term as provided for the governor-elect. In case of the death or
other failure to take office of both the governor-elect and lieutenant governor-elect, the last
duly elected president of the senate, or in the case of death or other failure to take office,
the last duly elected speaker of the house, or in the case of death or other failure to take
office, the secretary of state-elect, or under the same circumstances the auditor-elect, or
the attorney general-elect, in that order shall become governor from the same time and in
the same manner and for the same term as provided for the governor-elect.

(c) If the governor transmits to the president of the senate and the speaker of the
house a written declaration of an inability to discharge the powers and duties of the office
of governor, and until the governor transmits a written declaration to the contrary, the
powers and duties of the governor shall be discharged by the lieutenant governor.

(d) The governor may be declared unable to discharge the powers and duties of the
office if a declaration is signed by four out of five of the following persons and transmitted
to the president of the senate and the speaker of the house: the chief justice of the Supreme
Court, the lieutenant governor, the governor's chief of staff, the governor's personal
physician, and a member of the governor's cabinet designated in advance by the governor.
If no cabinet member has been designated, three out of four shall be sufficient. The
lieutenant governor shall then discharge the powers and duties of the office of governor.

(e) The declaration remains in effect until the governor transmits to the president
of the senate and the speaker of the house a written declaration that no inability exists,
unless four out of five of the persons described in paragraph (d), or three out of four if no
cabinet member has been designated, sign and transmit to the president of the senate and
the speaker of the house within four days of the governor's declaration a declaration that
the governor is unable to discharge the powers and duties of the office. In that event, the
lieutenant governor shall continue to discharge the duties of the office until the legislature
decides the issue, assembling within 48 hours for that purpose if not in session. If the
legislature, within 21 days after receipt of the declaration that the governor is unable to
discharge the powers and duties of the office or, if the legislature is not in session, within
21 days after being required to assemble, determines by two-thirds vote of both houses
that the governor is unable to discharge the powers and duties of the office, the lieutenant
governor shall continue to discharge the powers and duties of the office. Otherwise, the
governor shall resume the powers and duties of the office.

Sec. 4.

Minnesota Statutes 2008, section 204D.17, subdivision 1, is amended to read:

Subdivision 1.

Special elections; exceptions.

A vacancy in the office of new text begin United
States senator, new text end representative in Congress deleted text begin or deleted text end new text begin , new text end state senator new text begin , new text end or state representative shall be
filled for the unexpired term by special election upon the writ of the governor as provided
in sections 204D.17 to 204D.27; except that if Congress or the legislature will not be in
session before the expiration of the vacant term no special election is required.

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 204D.28, new text end new text begin is repealed.
new text end

Sec. 6. new text begin EFFECTIVE DATE.
new text end

new text begin Section 3 is effective upon approval by the voters of the constitutional amendment
proposed in section 1. Sections 4 and 5 are effective the day following final enactment.
new text end