Tuesday, September 1st, 2009...9:38 am
Goddard as Acting Governor?
With Jan Brewer’s impending vacation and a budget waiting for either a signature or a veto, I got a call wondering if an appointed secretary of state can be an “acting governor.” As many of us know, an appointed secretary of state can’t be appointed governor in the case of a permanent vacancy. We last saw this situation back after the death of Wesley Bolin. The governorship passed to then-attorney general Bruce Babbitt, rather than the appointed secretary of state Rose Mofford.
But, do the duties of an acting governor also have to pass to an elected person? One of R-Cubed’s crack research team is poking around, but Article 5, Section 6 of the Arizona Constitution doesn’t seem to make distinctions between the qualifications of an acting governor versus a permanent replacement:
In the event of the death of the governor, or his resignation, removal from office, or permanent disability to discharge the duties of the office, the secretary of state, if holding by election, shall succeed to the office of governor until his successor shall be elected and shall qualify. If the secretary of state be holding otherwise than by election, or shall fail to qualify as governor, the attorney general, the state treasurer, or the superintendent of public instruction, if holding by election, shall, in the order named, succeed to the office of governor. The taking of the oath of office as governor by any person specified in this section shall constitute resignation from the office by virtue of the holding of which he qualifies as governor. Any successor to the office shall become governor in fact and entitled to all of the emoluments, powers and duties of governor upon taking the oath of office.
In the event of the impeachment of the governor, his absence from the state, or other temporary disability to discharge the duties of the office, the powers and duties of the office of governor shall devolve upon the same person as in case of vacancy, but only until the disability ceases.
Does this mean Terry Goddard gets the veto pen for a couple of critical days?
7 Comments
September 1st, 2009 at 10:37 am
Interesting question, one that the Governor’s staff may not have a clear answer for.
Evidence – her office keeps stressing that the plans for a trip to Mexico are *tentative.*
Maybe they can ask the AG’s office for an opinion.
September 1st, 2009 at 11:10 am
She got a $20,000 a year raise because Governor Napolitano left. Why take a vacation when there is still state business on the table?
September 1st, 2009 at 11:30 am
She can take a vacation if she wants to-just after the budget is done.
September 1st, 2009 at 8:22 pm
She has been on vacation since January so why the need for more?
September 1st, 2009 at 8:32 pm
Am I the only person who fails to see any humor in this situation??? I can’t stand incompetence – but when it is a woman – well, I blush from shame!!
Sheesh!!!!!!!
September 1st, 2009 at 9:30 pm
If we couldn’t laugh we would all go insane.
September 1st, 2009 at 11:35 pm
Sounds like Terry needs to give her a taste of her own medicine. She tried to grab power when Janet left the state. Terry should do the same…