Top Democrat says Lt. governor appointment question needs to be resolved

By Ed Tibbetts, Quad-City Times

DES MOINES ? A top Iowa Democrat said Tuesday there needs to be a resolution to questions over whether Lt. Gov. Kim Reynolds has the power to appoint a successor when Gov. Terry Branstad steps down.

A day after Iowa Attorney General Tom Miller issued an opinion saying Reynolds doesn?t have the power to appoint a new lieutenant governor, the Democratic leader in the state Senate, Rob Hogg, D-Cedar Rapids, said he expects the courts to eventually get the matter. ?This is a big issue, and if there?s going to be a constitutional fight over this, we need to get it resolved,? he said.

Miller?s 23-page opinion, which also affirmed the proposition that Reynolds would become governor ? and essentially occupy both offices ? left Republicans fuming. Across the spectrum, Republicans ripped the decision and accused Miller of flip-flopping for political reasons, because he initially said she would have that power.

Democrats, on the other hand, were conspicuously silent Monday.

Hogg said Tuesday that was not by design. But he said he?s had a chance to review the issue, and he agrees with the conclusion that Reynolds does not have the authority to appoint a lieutenant governor. Nor, he said, is it a good idea.

?The idea that she would appoint a lieutenant governor who has never been elected to anything is a problem,? he said. Earlier this year, a bill introduced by a Senate Democrat that would require such an appointment to be subject to legislative confirmation, but it was never taken up.

It?s not clear what will happen next. Reynolds said after the decision was released on Monday that she would stick to Miller?s initial advice from December.

Miller said Monday the December opinion was a ?quick? decision that was changed after a deeper look.

Ben Hammes, a spokesman for the governor?s office, said Tuesday it still is examining its options, but he reiterated, ?we still believe the law is on our side.? Republicans point to a 2009 law they say backs them up.

The National Lieutenant Governors Association also weighed in on the matter Tuesday, called Miller?s decision ?disappointing.?

In the event the matter does end up in the courts, it?s not clear who would bring such a case. Miller said Monday he would not challenge such an appointment himself, but he didn?t explain why. A spokesman Tuesday would only say that he didn?t consider it appropriate.

However, Gary Dickey, who was a general counsel to Gov. Tom Vilsack, said he or other attorneys would likely challenge an appointment, according to the Associated Press.

State Sen. David Johnson, an independent from Ocheydan, who was the one who asked Miller for a definitive opinion on the question in February, said Tuesday he hasn?t considered it himself.

?The idea has not crossed my mind,? he said. Johnson said he was just seeking certainty. ?Those questions needed to be asked,? he said.