Reynolds will be governor with full authority, state officials say

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, Reynolds will become governor, complete with all the position's authority, including the ability to name a new lieutenant governor.

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, he said, was amended before the 1990 election to have the governor and lieutenant governor elected as a team. Before that, they ran independently of each other.

'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,” Branstad added.

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

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 they interpret the Constitution and law to say Reynolds will become governor and have the authority to appoint a new lieutenant governor.

Attorney General's Office spokesman Geoff Greenwood said an email that Iowa's courts have not been asked to address the issue, but he 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.