Lawmakers seek to clarify rules on gubernatorial succession

The replacement of a governor who resigns or dies could result in midterm elections for the state's highest office.

Although the basic procedure for gubernatorial succession is already included in the Utah Constitution, legislators are seeking clarification for some questions that were raised when former Gov. Olene Walker ascended from lieutenant governor. She replaced former Gov. Mike Leavitt when he accepted a Cabinet post with President Bush in 2003.

On Tuesday, the House Government Operations Committee unanimously approved HJR4, which establishes more specific rules about the succession procedures. Most notably, it states that if a governor leaves office, an election for the office must be held during the next general election — even if it is a midterm election.

Currently, all of the statewide offices are up during the same year as presidential elections. The midterms are the other even years, when congressional offices, legislative offices and judicial retentions are on the ballot.

There is also a competing bill, HJR3, which is almost identical except that it would not change the timing for elections, or in other words, codify the current practice. Even if a governor leaves office soon after beginning a new term, the successor would serve the remainder of the term, and the election schedule would not change.

Because both propose to change the Constitution, if either or both bills are approved, they would be placed on the 2008 ballot for voters to approve.

The sponsor of HJR4, Rep. Steve Urquhart, R-St. George, said that it makes more sense to put the successor up for election as soon as possible. Otherwise, somebody who was never elected as governor could wind up serving as long as four years.

But allowing the person who is elected as governor, even during a midterm, to serve four years is just as important. Giving a potentially new governor only two years would not provide them the time needed accomplish their goals.

"It seems like that could be two very ineffective years," he said. "If somebody is elected for a two-year term, that person would probably just be campaigning during that time."

HJR3, which is sponsored by Rep. Sheryl Allen, R-Bountiful, is not yet scheduled for a committee hearing. But it does carry the weight of support from the Constitutional Review Commission, which includes legislators, judges and attorneys.

While it did cause them some concern to allow somebody who is not elected by the people to serve as governor for as long as four years, Allen said the importance of keeping the gubernatorial elections during the same year as the other statewide offices took precedence.

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