Succession question over Lt. Gov Kim Reynolds could end up in court

A top Iowa Democrat said Tuesday there needs to be a resolution to a question over whether Lt. Gov. Kim Reynolds has the power to appoint a new No. 2 when she becomes governor after Gov. Terry Branstad resigns to head to China.

A day after Iowa Attorney General Tom Miller issued a legal opinion saying Reynolds won'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 affirmed the proposition that Reynolds would take over as governor - but essentially occupy both offices - left Republicans fuming. Across the spectrum, Republicans ripped the decision and accused Miller, a Democrat, of flip-flopping for political reasons. He initially said that Reynolds, a Republican, would have the 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. 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 was 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 opinion was released that she would stick to Miller's initial advice.

Miller said Monday that informal opinion in December was a 'quick” decision changed after a deeper look.

Ben Hammes, a spokesman for the governor's office, said Tuesday it still is examining 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, calling Miller's opinion 'disappointing.”

In the event the matter does end up in court, it's not clear who would bring such a case.

Miller said he would not challenge such an appointment himself, but he didn't explain why. A spokesman would only say that Miller didn't consider it appropriate.

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

State Sen. David Johnson, an independent from Ocheyedan, who was the one who asked Miller for a definitive opinion on the question in February, said Tuesday he hasn't considered the issue himself. Johnson said he was just seeking certainty.

'Those questions needed to be asked,” he said.