Reynolds will be governor with full authority, state officials say

BY ERIN MURPHY

Times Bureau

DES MOINES ? Iowa Lt. Gov. Kim Reynolds will be a full-fledged governor ? not merely an acting governor or lieutenant governor with gubernatorial responsibilities ? after Gov. Terry Branstad resigns next year to become the next U.S. Ambassador to China, state officials say.

The offices of the governor, attorney general and secretary of state, say they have determined that once Branstad resigns next year, Reynolds will become governor, complete with all the position?s authority, including the ability to name a new lieutenant governor.

?Our office has researched the law and consulted with the governor?s office. We concur with the governor?s conclusion that, upon the resignation of Gov. Branstad, Lt. Gov. Reynolds will become governor and will have the authority to appoint a new lieutenant governor,? attorney general spokesman Geoff Greenwood said in an emailed statement.

Reynolds said she plans to take the oath of office as governor and name a new lieutenant governor.

State officials have spent the past few days examining Iowa law and the state constitution to get a clear understanding of the transition framework set forth in the documents.

?I think the constitution and the code are pretty clear,? Branstad said. ?The constitution was amended before the 1990 election to have the governor and lieutenant governor elected as a team. (Prior to that, they ran independently of one another.) And then it?s always been the case that in the event of death or resignation of the governor, the lieutenant governor becomes the governor.?

State law gives the governor the authority to fill a vacancy in the lieutenant governor position.

?An appointment by the governor to fill a vacancy in the office of lieutenant governor shall be for the balance of the unexpired term,? state law says.

The question was whether Reynolds will become governor, or will remain lieutenant governor with full gubernatorial responsibilities.

The Iowa Constitution says if the governor resigns, ?the powers and duties of the office for the residue of the term ... shall devolve upon the Lieutenant Governor.? In other words, the constitution bestows the powers of the governor upon the lieutenant governor, but not the title.

But the state offices said this week that they interpret the constitution and law to say Reynolds will become governor and have the authority to appoint a new lieutenant governor.

Greenwood noted Iowa?s courts have not been asked to address the issue, but pointed to a 1923 formal attorney general opinion that states, ?in case of death, resignation or removal from office of the governor, that the lieutenant governor succeeds him as governor,? and adds later, ?the lieutenant governor becomes governor.?

Greenwood said while Iowa courts have not ruled on the issue, the provision is consistent with case law and analyses in other states.

?This research leads us to concur with Gov. Branstad?s conclusion that, upon his resignation, Lt. Gov. Reynolds will become governor,? Greenwood wrote in an email. ?In her capacity as governor, Gov. Reynolds will have the authority to appoint a new lieutenant governor.?