Proposing an amendment to the Constitution of the State of Iowa relating to the gubernatorial line of succession

Description

Senate Joint Resolution 15 proposes an amendment to the Iowa Constitution related to the gubernatorial line of succession. The amendment provides that in cases of a temporary disability of the Governor or Governor-Elect, the Lieutenant Governor or Lieutenant Governor-Elect shall act as Governor until the disability is removed. In cases where the inability to fulfill the role of Governor is permanent, the Lieutenant Governor shall become Governor for the remainder of the term, which shall create a vacancy in the Office of the Lieutenant Governor.

Background

Currently, under Article IV of the Iowa Constitution, if the Governor is temporarily or permanently unable to perform the role of the office, the Lieutenant Governor will act as Governor. If, after assuming the role of Governor, the Lieutenant Governor becomes unable to perform the role, the President of the Senate shall act as Governor, followed similarly by the Speaker of the House of Representatives.

Iowa Code section 49A.1 and the Iowa Constitution require that when a proposed amendment to the Constitution has passed the General Assembly and has been referred to the next succeeding General Assembly, the General Assembly is required to publish the proposed amendment in two newspapers of general circulation in each Iowa congressional district once each month, for three consecutive months, prior to the start of the next General Assembly. Upon passage of the same amendment by the succeeding General Assembly, Iowa Code section 49A.2 requires the amendment to be published in newspapers in all 99 counties once each month for three consecutive months immediately preceding the general election.

Assumptions

• The average cost to publish a proposed constitutional amendment in a single newspaper is $600.
• Publication of the initial amendment would occur monthly in eight newspapers (two in each congressional district) for a three-month period if the proposed amendment were passed by the 89th General Assembly.
• Subsequent publication of the amendment would occur monthly in 99 newspapers (one in each county) for a three-month period prior to the 2024 General Election if the amendment were passed by the 90th General Assembly.

Fiscal Impact

Constitutional Amendment Publication Cost. The estimated cost to publish a proposed constitutional amendment passed by the 89th General Assembly would be $14,400 (8 newspapers x 3 months x $600). The costs would be incurred in fall 2022 (FY 2023), prior to the convening of the 2023 Legislative Session.

Assuming the proposed amendment is passed a second time by the 90th General Assembly, the estimated cost would be $178,200 (99 newspapers x 3 months x $600). The costs would be incurred in fall 2024 (FY 2025).

These publication costs would be incurred by the Secretary of the Senate’s Office and the Chief Clerk’s Office in the House of Representatives, and reimbursed by the Iowa Secretary of State’s Office.

Sources

• Legislative Services Agency
• Office of the Secretary of State