Iowa's constitutional amendment on gubernatorial succession is on the ballot. What to know:
Iowans going to the polls this fall will see a ballot measure that would clarify the state's line of succession after the lieutenant governor becomes governor.
The proposed amendment to the Iowa Constitution was not written in response to former Lt. Gov. Adam Gregg's resignation last month. In fact, it's been in the works for years — ever since Gov. Kim Reynolds named Gregg as lieutenant governor in 2017.
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Here's what you need to know.
What does the proposed succession amendment say?
The amendment states: "If there is a temporary disability of the governor, the lieutenant governor shall act as governor until the disability is removed, or the governor dies, resigns, or is removed from office. In case of the death, resignation, or removal from office of the governor, the lieutenant governor shall become governor for the remainder of the term, which shall create a vacancy in the office of lieutenant governor. This section shall also apply, as appropriate, to the governor-elect and the lieutenant governor-elect."
What would the proposed amendment to the Iowa Constitution do?
Put simply, the amendment says that if the governor leaves office, the lieutenant governor will become governor — and it clarifies that this also creates a vacancy in the lieutenant governor's office, which gives the newly empowered governor the authority to appoint their replacement as lieutenant governor.
The Iowa Constitution's current language says that in the case of death, impeachment, resignation, removal from office or other disability of the governor, "the powers and duties of the office … shall devolve upon the lieutenant governor."
However, the constitution's current wording does not make clear that the lieutenant governor becomes governor and the lieutenant governor's office is then vacant.
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State law gives the governor the power to appoint a new lieutenant governor if there is a vacancy. The proposed constitutional amendment would make clear that a vacancy exists in the lieutenant governor's office when the lieutenant governor becomes governor.
The amendment does not affect Reynolds' ability to appoint a new lieutenant governor to replace Gregg, which she says she will do after the election.
More: Gov. Kim Reynolds says new lieutenant governor pick will wait until after general election
Why is Iowa changing how its gubernatorial succession process works?
The reason for the amendment dates back to 2017 when Reynolds, who was serving as lieutenant governor, succeeded former Gov. Terry Branstad as governor when Branstad was appointed U.S. ambassador to China.
Former Iowa Attorney General Tom Miller wrote a legal opinion at the time saying that even though Reynolds had assumed the duties of governor, she had not vacated the office of lieutenant governor and could not appoint a replacement.
When Reynolds named Gregg as her lieutenant governor, she said he would essentially serve in an acting capacity and would not assume the role of governor if Reynolds stepped down. When the two won election to a full term in 2018, Gregg fully took on the role of lieutenant governor.
Why did it take so long to put the constitutional amendment on the ballot?
The process of amending the Iowa Constitution takes years.
A proposed amendment must be passed by the Iowa Legislature twice, with a general election in between, before it can be put before voters.
The process for this amendment took even longer than usual. It was first passed in 2018, but the Iowa secretary of state's office failed to publish notice of the proposal in Iowa newspapers, as required in state law.
That meant lawmakers had to start the process over. Legislators passed the proposal in 2022 and 2023, allowing it to be placed on the ballot this year.
If a majority of Iowans vote to adopt the proposed amendment this fall, it will be added to the Iowa Constitution.
Early voting begins Oct. 16, and the general election is Nov. 5.
Stephen Gruber-Miller covers the Iowa Statehouse and politics for the Register. He can be reached by email at [email protected] or by phone at 515-284-8169. Follow him on Twitter at @sgrubermiller.
This article originally appeared on Des Moines Register: Iowans to vote on constitutional amendment on gubernatorial succession