Clarity sought on Iowa lieutenant governor succession

DES MOINES - There's little if any disagreement that if and when Gov. Terry Branstad resigns to become ambassador to China, the powers and duties of his office will 'devolve” to Lt. Gov. Kim Reynolds.

However, it's not as clear what becomes of the office of lieutenant governor, and the lone independent member of the Iowa Legislature is asking Attorney General Tom Miller to resolve that question.

Sen. David Johnson, who left the GOP because he said he couldn't support Donald Trump, has asked the attorney general to issue an official opinion on the succession process by Feb. 15.

Branstad has been nominated by President Trump to represent the United States in China. His appointment is subject to confirmation by the U.S. Senate. It's not known when that is going to happen. Branstad said Monday there is extensive paperwork to be completed before a Senate hearing on his nomination.

The governor's office and Miller have indicated they believe that the lieutenant governor would become governor and, with the duties and powers of that office, she would appoint her successor.

Johnson and others don't believe the Iowa Constitution is clear on that point. The way they read the Constitution, Reynolds would have the duties and power of the governor's office, but not the title. She would be addressed as governor, but would remain lieutenant governor. Under that interpretation, the lieutenant governor's office would not be vacant and Reynolds would not appoint a successor.

Although Johnson emphasizes that as an independent he has 'no partisan dog in this fight,” he pointed out that being appointed lieutenant governor 'would be a huge steppingstone” for anyone who would like to be governor.

In his letter to Attorney General Miller, Johnson poses nine questions. Among them he seeks clarification of the meaning of 'devolve.” He also asks whether the lieutenant governor, while holding the duties and powers of governor, remains lieutenant governor for the remainder of the term. The next gubernatorial election is in 2018.

Also, Johnson asks how a vacancy in the lieutenant governor's office would be filled - by appointment by the governor or by some other means or remain vacant until the next election.

A bill has been introduced in the Senate to require legislative confirmation of the governor's appointment of a lieutenant governor.

A spokesman for Miller said the office previously conducted research on this issue and concurred with Branstad's conclusion that, upon his resignation, Lt. Governor Reynolds will become governor.

However, Geoff Greenwood said the Attorney General's Office will review its research before responding to Johnson's request in either a letter or a formal opinion.

l Comments: (319) 398-8375; james.lynch@thegazette.com