H.J.R. 4 Enrolled

1

RESOLUTION REVISING EXECUTIVE
2 OFFICER SUCCESSION PROVISIONS
3 2007 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Stephen H. Urquhart
6 Senate Sponsor: John W. Hickman
7
8 LONG TITLE
9 General Description:
10 This joint resolution of the Legislature proposes to amend the Utah Constitution to
11 modify provisions relating to succession in the offices of Governor and Lieutenant
12 Governor.
13 Highlighted Provisions:
14 This resolution proposes to amend the Utah Constitution to:
15 . provide that the Lieutenant Governor becomes Governor upon a vacancy in the
16 office of Governor, that the President of the Senate becomes Governor upon
17 simultaneous vacancies in the offices of Governor and Lieutenant Governor, and
18 that the Speaker of the House of Representatives becomes Governor upon
19 simultaneous vacancies in the offices of Governor, Lieutenant Governor, and
20 President of the Senate;
21 . provide what constitutes a vacancy in the offices of Governor and Lieutenant
22 Governor;
23 . provide for succession to the duties of the office of Governor during a temporary
24 disability of the Governor;
25 . modify provisions relating to determining the disability of the Governor or person
26 acting as Governor;
27 . modify the process for appointing a person to fill a vacancy in the office of
28 Lieutenant Governor by requiring the consent of the Senate; and
29 . provide a process for determining the disability of the Lieutenant Governor.

30 Special Clauses:
31 This resolution directs the lieutenant governor to submit this proposal to voters.
32 This resolution provides a contingent effective date of January 1, 2009 for this proposal.
33 Utah Constitution Sections Affected:
34 AMENDS:
35 ARTICLE VII, SECTION 10
36 ARTICLE VII, SECTION 11
37
38 Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each
39 of the two houses voting in favor thereof:
40 Section 1. It is proposed to amend Utah Constitution Article VII, Section 10, to read:
41 Article VII, Section 10. [Governor's appointive power -- Governor to appoint to
42 fill vacancy in other state offices -- Vacancy in the office of the Lieutenant Governor.]
43 (1) (a) The Governor shall nominate, and by and with consent of the Senate, appoint all
44 State and district officers whose offices are established by this Constitution, or which may be
45 created by law, and whose appointment or election is not otherwise provided for.
46 (b) If, during the recess of the Senate, a vacancy occurs in any State or district office,
47 the Governor shall appoint some qualified person to discharge the duties thereof until the next
48 meeting of the Senate, when the Governor shall nominate some person to fill such office.
49 (2) If the office of [Lieutenant Governor,] State Auditor, State Treasurer, or Attorney
50 General be vacated by death, resignation, or otherwise, it shall be the duty of the Governor to
51 fill the same by appointment, from the same political party [of] as the removed person; and the
52 appointee shall hold office until a successor shall be elected and qualified, as provided by law.
53 (3) (a) A vacancy in the office of Lieutenant Governor occurs when:
54 (i) the Lieutenant Governor dies, resigns, is removed from office following
55 impeachment, becomes Governor under Article VII, Section 11, ceases to reside within the
56 State, or is determined, as provided in Subsection (3)(b), to have a disability that renders the
57 Lieutenant Governor unable to discharge the duties of office for the remainder of the

58 Lieutenant Governor's term of office; or
59 (ii) the Lieutenant Governor-elect fails to take office because of the Lieutenant
60 Governor-elect's death, failure to qualify for office, or disability, determined as provided in
61 Subsection (3)(b), that renders the Lieutenant Governor-elect unable to discharge the duties of
62 office for the Lieutenant Governor-elect's full term of office.
63 (b) (i) Except when the disability of a Lieutenant Governor is determined under Article
64 VII, Section 11, Subsection (6) because the Lieutenant Governor is acting as Governor under
65 Article VII, Section 11, Subsection (5), the disability of a Lieutenant Governor or Lieutenant
66 Governor-elect shall be determined by a written declaration stating that the Lieutenant
67 Governor or Lieutenant Governor-elect is unable to discharge the powers and duties of the
68 office.
69 (ii) The written declaration under Subsection (3)(b)(i) shall be transmitted to the
70 Supreme Court and shall be signed by:
71 (A) the Governor; or
72 (B) (I) the Lieutenant Governor, if the Lieutenant Governor is the subject of the
73 declaration; or
74 (II) the Lieutenant Governor-elect, if the Lieutenant Governor-elect is the subject of the
75 declaration.
76 (iii) If the Lieutenant Governor or Lieutenant Governor-elect, as the case may be,
77 disputes a declaration transmitted by the Governor under Subsection (3)(b)(i), the Lieutenant
78 Governor or Lieutenant Governor-elect may, within ten days after the declaration is transmitted
79 to the Supreme Court, file a petition requesting the Supreme Court to determine whether a
80 disability exists as stated in the Governor's declaration.
81 (iv) In determining whether a disability exists, the Supreme Court shall follow
82 procedures that the Court establishes, unless the Legislature by statute establishes procedures
83 for the Supreme Court to follow in determining whether a disability exists.
84 (v) A determination of disability under this Subsection (3)(b) is final and conclusive.
85 (c) (i) If a vacancy in the office of Lieutenant Governor occurs, the Governor shall,

86 with the consent of the Senate, appoint a person as Lieutenant Governor, to serve:
87 (A) except as provided in Subsection (3)(c)(i)(B), the remainder of the unexpired term;
88 or
89 (B) until the first Monday in January of the year following the next regular general
90 election after the vacancy occurs, if the vacancy occurs because the Lieutenant Governor
91 becomes Governor under Article VII, Section 11, Subsection (2).
92 (ii) The person appointed as Lieutenant Governor under Subsection (3)(c)(i) shall be
93 from the same political party as the Governor.
94 (iii) Neither the President of the Senate nor the Speaker of the House of
95 Representatives may, while acting as Governor under Article VII, Section 11, Subsection (4),
96 appoint a person as Lieutenant Governor to fill a vacancy in that office.
97 Section 2. It is proposed to amend Utah Constitution Article VII, Section 11, to read:
98 Article VII, Section 11. [Vacancy in office of Governor -- Determination of
99 disability.]
100 [In case of the death of the Governor, impeachment, removal from office, resignation,
101 or disability to discharge the duties of the office, or in case of a Governor-elect who fails to
102 take office, the powers and duties of the Governor shall devolve upon the Lieutenant Governor
103 until the disability ceases or until the next general election, when the vacancy shall be filled by
104 election. If, during a vacancy in the office of Governor, the Lieutenant Governor resigns, dies,
105 is removed, or becomes incapable of performing the duties of the office, the President of the
106 Senate shall act as Governor until the vacancy is filled or disability ceases. If in this case the
107 President of the Senate resigns, dies, is removed, or becomes incapable of performing the
108 duties of the office, the Speaker of the House shall act as Governor until the vacancy is filled or
109 disability ceases. While performing the duties of the Governor as provided in this section, the
110 Lieutenant Governor, the President of the Senate, or the Speaker of the House, as the case may
111 be, shall be entitled to the salary and emoluments of the Governor, except in cases of temporary
112 disability. The]
113 (1) A vacancy in the office of Governor occurs when:

114 (a) the Governor dies, resigns, is removed from office following impeachment, ceases
115 to reside within the state, or is determined, as provided in Subsection (6), to have a disability
116 that renders the Governor unable to discharge the duties of office for the remainder of the
117 Governor's term of office; or
118 (b) the Governor-elect fails to take office because of the Governor-elect's death, failure
119 to qualify for office, or disability, determined as provided in Subsection (6), that renders the
120 Governor-elect unable to discharge the duties of office for the Governor-elect's full term of
121 office.
122 (2) If a vacancy in the office of Governor occurs, the Lieutenant Governor shall
123 become Governor, to serve:
124 (a) until the first Monday in January of the year following the next regular general
125 election after the vacancy occurs, if the vacancy occurs during the first year of the term of
126 office; or
127 (b) for the remainder of the unexpired term, if the vacancy occurs after the first year of
128 the term of office.
129 (3) (a) In the event of simultaneous vacancies in the offices of Governor and
130 Lieutenant Governor, the President of the Senate shall become Governor, to serve:
131 (i) until the first Monday in January of the year following the next regular general
132 election after the vacancy occurs, if the vacancy occurs during the first year of the term of
133 office; or
134 (ii) for the remainder of the unexpired term, if the vacancy occurs after the first year of
135 the term of office.
136 (b) In the event of simultaneous vacancies in the offices of Governor, Lieutenant
137 Governor, and President of the Senate, the Speaker of the House of Representatives shall
138 become Governor, to serve:
139 (i) until the first Monday in January of the year following the next regular general
140 election after the vacancy occurs, if the vacancy occurs during the first year of the term of
141 office; or

142 (ii) for the remainder of the unexpired term, if the vacancy occurs after the first year of
143 the term of office.
144 (4) If a vacancy in the office of Governor occurs during the first year of the term of
145 office, an election shall be held at the next regular general election after the vacancy occurs to
146 elect a Governor and Lieutenant Governor, as provided in Article VII, Section 2, to serve the
147 remainder of the unexpired term.
148 (5) (a) If the Governor is temporarily unable to discharge the duties of the office
149 because of the Governor's temporary disability, as determined under Subsection (6), or if the
150 Governor-elect is temporarily unable to assume the office of Governor because of the
151 Governor-elect's temporary disability, as determined under Subsection (6), the powers and
152 duties of the Governor shall be discharged by the Lieutenant Governor who, in addition to
153 discharging the duties of the office of Lieutenant Governor, shall, without additional
154 compensation, act as Governor until the disability ceases.
155 (b) (i) If, during a temporary disability of the Governor or Governor-elect, as
156 determined under Subsection (6), a vacancy in the office of Lieutenant Governor occurs or the
157 Lieutenant Governor is temporarily unable to discharge the duties of the office of Governor
158 because of the Lieutenant Governor's temporary disability, as determined under Subsection (6),
159 the powers and duties of the Governor shall be discharged by the President of the Senate who
160 shall act as Governor until the Governor or Governor-elect's disability ceases or, in the case of
161 the Lieutenant Governor's temporary disability, the Lieutenant Governor's disability ceases,
162 whichever occurs first.
163 (ii) If, during a temporary disability of the Governor or Governor-elect, as determined
164 under Subsection (6), neither the Lieutenant Governor nor the President of the Senate is able to
165 discharge the duties of the office of Governor because of a vacancy in the office of Lieutenant
166 Governor or President of the Senate, or both, or because of a temporary disability of either or
167 both officers, as determined under Subsection (6), or a combination of vacancy and temporary
168 disability, the powers and duties of the Governor shall be discharged by the Speaker of the
169 House of Representatives who shall act as Governor until the Governor's disability ceases or

170 until the vacancy, if applicable, in the office of President of the Senate is filled or the
171 temporary disability, if applicable, of the Lieutenant Governor or President of the Senate
172 ceases, whichever occurs first.
173 (c) (i) During the time that the President of the Senate acts as Governor under this
174 Subsection (5), the President may not exercise the powers and duties of President of the Senate
175 or Senator. The powers and duties of President of the Senate may be exercised during that time
176 by an acting President, chosen by the Senate.
177 (ii) During the time that the Speaker of the House of Representatives acts as Governor
178 under this Subsection (5), the Speaker may not exercise the powers and duties of Speaker of the
179 House of Representatives or Representative. The powers and duties of Speaker of the House of
180 Representatives may be exercised during that time by an acting Speaker, chosen by the House
181 of Representatives.
182 (d) When acting as Governor under this Subsection (5), the President of the Senate or
183 Speaker of the House of Representatives, as the case may be, shall be entitled to receive the
184 salary and emoluments of the office of Governor.
185 (6) (a) A disability of the Governor, Governor-elect, or person acting as Governor shall
186 be determined by [either a]:
187 (i) the written declaration of the Governor, Governor-elect, or person acting as
188 Governor, transmitted to the Supreme Court [by the Governor], stating an inability to discharge
189 the powers and duties of the office; or [by]
190 (ii) a majority of the Supreme Court [on] upon the joint request of the President or, if
191 applicable, acting President of the Senate and the Speaker or, if applicable, acting Speaker of
192 the House of Representatives. [Such determination shall be final and conclusive. Thereafter,
193 when the Governor transmits to the Supreme Court a written declaration that no disability
194 exists, the]
195 (b) The Governor or person acting as Governor shall resume or, in the case of a
196 Governor-elect, shall assume the powers and duties of the office following a temporary
197 disability upon the written declaration of the Governor, Governor-elect, or person acting as

198 Governor, transmitted to the Supreme Court, that no disability exists, unless the Supreme
199 Court, upon the joint request of the President or, if applicable, acting President of the Senate
200 and the Speaker or, if applicable, acting Speaker of the House of Representatives, or upon its
201 own initiative, determines that the temporary disability continues and that the Governor,
202 Governor-elect, or person acting as Governor is unable to discharge the powers and duties of
203 the office. [The Lieutenant Governor shall then continue to discharge these powers and duties
204 as acting Governor.]
205 (c) Each determination of a disability under Subsection (6)(a) shall be final and
206 conclusive.
207 (7) The Supreme Court has exclusive jurisdiction to determine all questions arising
208 under this section.
209 Section 3. Submittal to voters.
210 The lieutenant governor is directed to submit this proposed amendment to the voters of
211 the state at the next regular general election in the manner provided by law.
212 Section 4. Effective date.
213 If the amendment proposed by this joint resolution is approved by a majority of those
214 voting on it at the next regular general election, the amendment shall take effect on January 1,
215 2009.