SF 938

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
proposing an amendment to the Minnesota Constitution, article V, sections 3
and 5; providing for special elections in the case of vacancies in the offices of
lieutenant governor, secretary of state, auditor, and attorney general.

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

Section 1. new text begin CONSTITUTIONAL AMENDMENTS 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 3, will read:
new text end

Sec. 3.

The governor shall communicate by message to each session of the legislature
information touching the state and country. He is commander-in-chief of the military
and naval forces and may call them out to execute the laws, suppress insurrection and
repel invasion. He may require the opinion in writing of the principal officer in each of
the executive departments upon any subject relating to his duties. With the advice and
consent of the senate he may appoint notaries public and other officers provided by law.
He may appoint commissioners to take the acknowledgment of deeds or other instruments
in writing to be used in the state. He shall take care that the laws be faithfully executed.
new text begin The governor shall call a special election to fill a vacancy in the office of secretary of state,
auditor, or attorney general. new text end He shall fill any vacancy that may occur in deleted text begin the offices of
secretary of state, auditor, attorney general and the deleted text end other state and district offices hereafter
created by law until the end of the term for which the person who had vacated the office
was elected or the first Monday in January following the next general election, whichever
is sooner, and until a successor is chosen and qualified.

new text begin 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 such vacancy. The compensation of the
lieutenant governor shall be prescribed by law. deleted text begin The last elected presiding officer of the
senate shall become lieutenant governor in case a vacancy occurs in that office. deleted text end new text begin The
governor shall call a special election to fill a vacancy in the office of lieutenant governor,
including a vacancy caused by a lieutenant governor becoming governor because of a
vacancy in that office. new text end 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 must be submitted to the people at the 2008 general
election. If approved, the amendment will apply to vacancies in the offices of lieutenant
governor, secretary of state, state auditor, and attorney general occurring after the
approval. The question submitted must be:
new text end

new text begin "Shall the Minnesota Constitution be amended to require the governor to call a
special election in case of a vacancy in the office of lieutenant governor, secretary of state,
state auditor, or attorney general?
new text end

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

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