Filling vacancies in elective state offices in the executive branch.
Impact
If enacted, this bill would eliminate the governor's ability to make appointments for these positions without senate consent in most cases. It mandates that vacancies be filled by special election rather than direct gubernatorial appointment alone. However, if a vacancy occurs on or after January 1 of a year with a scheduled election for that office, the governor can nominate an individual who must then be appointed with the senate's advice and consent for the remainder of the term. This adjustment aims to enhance democratic accountability and ensure that state officials are elected rather than appointed.
Summary
Senate Bill 465 amends the process for filling vacancies in key elective state offices within the executive branch, including the offices of secretary of state, treasurer, attorney general, and state superintendent of public instruction. Under the current law, the governor has the authority to appoint individuals to fill these vacancies without requiring senate confirmation. The appointee holds office until a successor is elected by special election; if no special election occurs, they serve the remainder of the unexpired term. SB465 seeks to change this process significantly.
Contention
The legislative discussions around SB465 are expected to ignite debate between those advocating for greater checks on executive power and those concerned with the efficiency of filling crucial state positions. Critics may argue that requiring special elections could lead to delays in filling vacancies and disrupt the continuity of governance. Conversely, supporters would likely emphasize the importance of allowing voters to have a say in who occupies significant state roles, reinforcing democratic principles within the state government.
(Constitutional Amendment) Relative to vacancies in the office of governor, provides for filling of such vacancies and vacancies created by gubernatorial succession to the office of governor (OR NO IMPACT See Note)