On The Tennessee Ballot In November: Constitutional Amendment To Address Governor’s Line Of Succession
The Tennessee Conservative [By Jason Vaughn] –
Tennessee is the only state in the union that doesn’t provide for a temporary acting Governor in their state Constitution. A constitutional amendment is looking to change that and voters will get to decide on the issue on November 8th.
One of the amendment’s sponsors, Senator Becky Massey (R-Knoxville-District 6) said, “Tennessee is the only state that does not have a provision in our constitution that addresses this issue. This legislation will clear any confusion regarding how a stable transition would work.”
Tennessee Constitutional Amendment 2 would provide for an acting governor when the elected governor is unable to fulfill the duties of the office. The ballot measure would allow the governor to provide a written, signed declaration to the speaker of the Senate, speaker of the House, and Secretary of State saying that they are unable to perform the powers and duties of the office.
The speaker of the Senate, who also serves as the Lieutenant Governor of Tennessee, would then serve as acting governor. The acting governor would perform the duties of the office until the governor provides a written, signed declaration saying they can perform the office’s powers and duties again.
The ballot measure would also allow a majority of the commissioners of administrative departments of the Executive Department to submit a written, signed declaration stating that the governor is unable to perform their powers and duties, thereby allowing for an acting governor until the governor provides a written, signed declaration saying they can perform the office’s powers and duties.
The amendment would allow the speaker of the Senate or House to continue serving in that position while also serving as acting governor, but it would prohibit the speaker from receiving the governor’s salary, presiding as the speaker, or voting in the Tennessee General Assembly while serving as acting governor.
Currently, the Tennessee Constitution provides that if the governor dies or resigns the speaker of the Senate assumes the duties of governor. If the speaker of the Senate dies or resigns, the next in line for the governorship is the speaker of the House of Representatives. The constitution does not currently provide a process for the governor to be temporarily relieved of his power and duties.
In Tennessee, a constitutional amendment requires a vote in each chamber of the Tennessee State Legislature in two successive legislative sessions with an election in between. However, there are two different vote requirements depending on the session.
During the first legislative session, the constitutional amendment needs to receive a simple majority (50%+1) vote in each legislative chamber. During the second legislative session, the constitutional amendment needs to receive a two-thirds (66.67 percent) supermajority vote in each legislative chamber.
During the 111th Tennessee General Assembly, which was seated in 2019 and 2020, the amendment passed the state Senate with 32 members voting for it and one member not voting. It passed the state House with 92 members supporting the amendment and two members opposing the amendment – Republican Representative David Hawk (District 5 – Greeneville) and Democrat Representative Bob Freeman (District 56 – Nashville), and two members not voting.
The amendment was sponsored by Senators Becky Massey (R-Knoxville-District 6), Ed Jackson (R-Jackson-District 27), Brian Kelsey (R-Germantown-District 31) and Richard Briggs (R-Knoxville-District 7) along with Representative William Lamberth (R-Portland-District 44).
During the 112th Tennessee General Assembly, the amendment passed the state Senate again with 32 members voting for it and one member not voting. It unanimously passed the House during this session.
The amendment was again sponsored by Senators Massey and Jackson, but Senators Janice Bowling (R-Tullahoma-District 16, Bill Powers (R-Clarksville-District 22), Todd Gardenhire (R-Chattanooga-District 10), Shane Reeves (R-Bedford, Lincoln, Marshall, Moore and parts of Rutherford Counties-District 14) and Page Walley (R-Bolivar-District 26) added their names to the docket.
Lamberth again sponsored the amendment on the House side of the aisle.
The amendment will likely appear on the ballot with the text:
A “yes” vote supports amending the state constitution to provide a process, along with a line of succession, for an acting governor when the governor is unable to perform the office’s powers and duties.
A “no” vote opposes this amendment that provides a process, along with a line of succession, for an acting governor when the governor is unable to perform the office’s powers and duties.
About the Author: Jason Vaughn, Media Coordinator for The Tennessee Conservative ~ Jason previously worked for a legacy publishing company based in Crossville, TN in a variety of roles through his career. Most recently, he served as Deputy Director for their flagship publication. Prior, he was a freelance journalist writing articles that appeared in the Herald Citizen, the Crossville Chronicle and The Oracle among others. He graduated from Tennessee Technological University with a Bachelor’s in English-Journalism, with minors in Broadcast Journalism and History. Contact Jason at news@TennesseeConservativeNews.com
Fairly recently, can’t recall where, the substitute governor did some no good stuff in their sub time that had to be undone when guv got back.
If it ain’t broke…?