Acting governor
Encyclopedia
An acting governor is a constitution
al position created in some U.S. state
s when the governor
dies in office or resigns. In some states, the governor may also be declared to be incapacitated and unable to function for various reasons, including illness and absence from the state for more than a specified period.
In these instances, the state constitution
will declare which official is to serve as governor, and whether this person will have all of the powers of the office or only specified ones. In many states, the person succeeding to the governorship or becoming acting governor is the lieutenant governor
; however, not all states have such a position. If the state constitution provides for an acting governor in the event of the governor's disability, it will also provide for a method by which the governor can be declared to be no longer disabled.
, a state which now has an office of lieutenant governor, in the event of a vacancy in the office of governor or the inability of the current governor to fulfill his/her duties through injury, the Lieutenant Governor serves as the acting governor. The acting governor serves either until the next general election, until the governor recovers from his/her injuries, or, if the governor dies/resigns occurs less than 16 months before end of the term, until the end of the term. Richard Codey
served as acting governor of New Jersey until January 2006 following the resignation of Jim McGreevey
in late 2004. Following the resignation of Christine Todd Whitman
in 2001 to become EPA Administrator, Donald DiFrancesco
assumed the acting governor's post. The position of Lieutenant Governor was created in the 2005 state election effective with the 2009 election. The Current Lieutenant Governor is Kim Guadagno
. From then onward, the holder of that office will succeed in the event of vacancy in the Governor's office.
Also, following Whitman's resignation and DiFrancesco's departure, John O. Bennett
also served as acting governor for three and a half days. During that time, he signed a few bills into law, gave a State of the State Address, and held parties at Drumthwacket
, the New Jersey Governor's Mansion. Similarly, Richard J. Codey served as acting governor as well; owing to how control of the New Jersey State Senate was split, thus making two Senate Presidents, Codey and Bennett; each held the office of acting governor for three days. Perhaps this spectacle as much as any other factor led to the voters' decision to amend
the state constitution to create the office of Lieutenant Governor.
, in the event of a vacancy in the governor's office, the lieutenant governor assumes the duties of the office, but not the office for the remainder of the term, thus becoming acting governor, while retaining the lieutenant governor's office. In 1997, when William Weld
resigned to pursue the ambassadorship to Mexico, Paul Cellucci
took over as acting governor until his 1998 election as governor. In 2001 when Cellucci resigned to become ambassador to Canada, Jane Swift became the acting governor for the remainder of the term.
, if the governorship becomes vacant, the Senate President takes the position of acting governor. If more than one year remains in the governor's term at the time of vacancy, a new election is held; otherwise, the Senate President serves the remainder of the term. A bill passed in 2000 grants the Senate President the honorary title of Lieutenant Governor, but this title is rarely used in practice and the terms of the Senate President do not correspond with governorships. Incumbent Senate President Earl Ray Tomblin
is the first person under the current state Constitution to assume the duties of Acting Governor following the November 15, 2010 resignation of Joe Manchin
following his election to the United States Senate
seat vacated by the death of Robert C. Byrd. Since there is more than one year remaining on Manchin's term as governor but a special election has yet to be called, Tomblin's term as Acting Governor is currently indeterminate.
primary
presidential
campaign of Jerry Brown
, then governor of California
. When he was campaigning out of state, which was often in late 1979 and early 1980, Mike Curb
, a Republican
who was then serving as Lieutenant Governor of California
often used his position as acting governor to veto
legislation, promulgate executive orders, issue proclamations, and to do other things that Brown would not likely have done had he been present in the state. This eventually resulted in litigation, much of which went in Curb's favor.
Powers of an acting governor had previously been questioned in the mid-1970s in Kentucky
. In her capacity as acting governor of Kentucky in Julian Carroll
's absence, Thelma Stovall
, then-Lieutenant Governor, acting as governor, issued pardon
s, called the Kentucky General Assembly
into special session to enact legislation limiting property tax
increases, and purported to veto
the legislature's repeal of its ratification of the Equal Rights Amendment
. The authority of the Lieutenant Governor of Kentucky to act as governor when the elected governor is out of state was repealed under a 1992 amendment to the Kentucky Constitution
.
In 1993, in Pennsylvania, Governor Robert P. Casey
underwent surgery
that left him incapacitated for months, thus leaving Lieutenant Governor
Mark Singel
as acting governor. During that time, Singel fulfilled all duties of the office of governor.
Following the death of New Hampshire Governor Hugh Gallen
, Vesta M. Roy
, as president of the state Senate, served as acting governor of New Hampshire from December 30, 1982 to January 6, 1983.
On December 28, 2006, Kris Kolluri
served as acting Governor of New Jersey
, while New Jersey Governor Jon Corzine
was out of town, as was the Senate president, Assembly speaker and attorney general, all ahead of Kolluri in the line of succession. Under state law, an acting governor has to be appointed whenever the governor is absent from the state. New Jersey will get a lieutenant governor, but not until 2010. http://abclocal.go.com/wpvi/story?section=local&id=4887263
Practices in this area are anything but uniform from state to state. In Rhode Island
, for example, the Lieutenant Governor never acts as governor, even if the Governor has left the state. In many states, if the Lieutenant Governor succeeds to the governorship, he or she is regarded as a new and succeeding governor in every sense, just as occurs when the Vice President of the United States
becomes President of the United States
when that office is vacated by death or resignation.
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
al position created in some U.S. state
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
s when the governor
Governor (United States)
In the United States, the title governor refers to the chief executive of each state or insular territory, not directly subordinate to the federal authorities, but the political and ceremonial head of the state.-Role and powers:...
dies in office or resigns. In some states, the governor may also be declared to be incapacitated and unable to function for various reasons, including illness and absence from the state for more than a specified period.
In these instances, the state constitution
State constitution (United States)
In the United States, each state has its own constitution.Usually, they are longer than the 7,500-word federal Constitution and are more detailed regarding the day-to-day relationships between government and the people. The shortest is the Constitution of Vermont, adopted in 1793 and currently...
will declare which official is to serve as governor, and whether this person will have all of the powers of the office or only specified ones. In many states, the person succeeding to the governorship or becoming acting governor is the lieutenant governor
Lieutenant governor (United States)
In the United States, 43 of the 50 states have a separate, full-time office of lieutenant governor. In most cases, the lieutenant governor is the highest officer of state after the governor, standing in for that officer when he or she is absent from the state or temporarily incapacitated...
; however, not all states have such a position. If the state constitution provides for an acting governor in the event of the governor's disability, it will also provide for a method by which the governor can be declared to be no longer disabled.
New Jersey
In New JerseyNew Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
, a state which now has an office of lieutenant governor, in the event of a vacancy in the office of governor or the inability of the current governor to fulfill his/her duties through injury, the Lieutenant Governor serves as the acting governor. The acting governor serves either until the next general election, until the governor recovers from his/her injuries, or, if the governor dies/resigns occurs less than 16 months before end of the term, until the end of the term. Richard Codey
Richard Codey
Richard James Codey is an American Democratic Party politician who served as the 53rd Governor of New Jersey from November 2004 to January 2006. He has served in the New Jersey Senate since 1981 and served as the President of the Senate from 2002 to January 2010. He represents the 27th Legislative...
served as acting governor of New Jersey until January 2006 following the resignation of Jim McGreevey
Jim McGreevey
James Edward "Jim" McGreevey is an American Democratic politician. He served as the 52nd Governor of New Jersey from January 15, 2002, until he resigned from office at 11:59 pm on November 15, 2004. His term was set to expire on January 17, 2006...
in late 2004. Following the resignation of Christine Todd Whitman
Christine Todd Whitman
Christine Todd "Christie" Whitman is an American Republican politician and author who served as the 50th Governor of New Jersey from 1994 to 2001, and was the Administrator of the Environmental Protection Agency in the administration of President George W. Bush from 2001 to 2003. She was New...
in 2001 to become EPA Administrator, Donald DiFrancesco
Donald DiFrancesco
Donald Thomas DiFrancesco was the 51st Governor of New Jersey from 2001 to 2002 by virtue of his status as President of the New Jersey Senate, the upper house of the New Jersey Legislature....
assumed the acting governor's post. The position of Lieutenant Governor was created in the 2005 state election effective with the 2009 election. The Current Lieutenant Governor is Kim Guadagno
Kim Guadagno
Kim Guadagno is the first Lieutenant Governor of New Jersey, having won the 2009 election as the running mate of Governor Chris Christie. She is also concurrently the Secretary of State of New Jersey.-Early life:...
. From then onward, the holder of that office will succeed in the event of vacancy in the Governor's office.
Also, following Whitman's resignation and DiFrancesco's departure, John O. Bennett
John O. Bennett
John O. Bennett III is a former New Jersey Republican politician who served as State Senator, President of the State Senate, and Acting Governor of New Jersey during the course of his career.-Education:...
also served as acting governor for three and a half days. During that time, he signed a few bills into law, gave a State of the State Address, and held parties at Drumthwacket
Drumthwacket
Drumthwacket is the official residence of the governor of New Jersey. The mansion is located at 354 Stockton Street in Princeton, New Jersey, close to the state capital of Trenton...
, the New Jersey Governor's Mansion. Similarly, Richard J. Codey served as acting governor as well; owing to how control of the New Jersey State Senate was split, thus making two Senate Presidents, Codey and Bennett; each held the office of acting governor for three days. Perhaps this spectacle as much as any other factor led to the voters' decision to amend
Constitutional amendment
A constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
the state constitution to create the office of Lieutenant Governor.
Massachusetts
In MassachusettsMassachusetts
The Commonwealth of Massachusetts is a state in the New England region of the northeastern United States of America. It is bordered by Rhode Island and Connecticut to the south, New York to the west, and Vermont and New Hampshire to the north; at its east lies the Atlantic Ocean. As of the 2010...
, in the event of a vacancy in the governor's office, the lieutenant governor assumes the duties of the office, but not the office for the remainder of the term, thus becoming acting governor, while retaining the lieutenant governor's office. In 1997, when William Weld
William Weld
William Floyd Weld is a former governor of the US state of Massachusetts. He served as that state's 68th governor from 1991 to 1997. From 1981 to 1988, he was a federal prosecutor in the United States Justice Department...
resigned to pursue the ambassadorship to Mexico, Paul Cellucci
Paul Cellucci
Argeo Paul Cellucci is an American politician and diplomat who served as the 69th Governor of Massachusetts and US Ambassador to Canada.-Early life and career:...
took over as acting governor until his 1998 election as governor. In 2001 when Cellucci resigned to become ambassador to Canada, Jane Swift became the acting governor for the remainder of the term.
West Virginia
In West VirginiaWest Virginia
West Virginia is a state in the Appalachian and Southeastern regions of the United States, bordered by Virginia to the southeast, Kentucky to the southwest, Ohio to the northwest, Pennsylvania to the northeast and Maryland to the east...
, if the governorship becomes vacant, the Senate President takes the position of acting governor. If more than one year remains in the governor's term at the time of vacancy, a new election is held; otherwise, the Senate President serves the remainder of the term. A bill passed in 2000 grants the Senate President the honorary title of Lieutenant Governor, but this title is rarely used in practice and the terms of the Senate President do not correspond with governorships. Incumbent Senate President Earl Ray Tomblin
Earl Ray Tomblin
Earl Ray Tomblin is an American politician who serves as the 35th and current Governor of West Virginia. Tomblin is a member of the Democratic Party. Tomblin has served as President of the West Virginia State Senate for over 16 years. He became Acting Governor in 2010 following Joe Manchin's...
is the first person under the current state Constitution to assume the duties of Acting Governor following the November 15, 2010 resignation of Joe Manchin
Joe Manchin
Joseph "Joe" Manchin III is the junior United States Senator representing West Virginia. Manchin, a Democrat, was Governor of West Virginia from 2005 to 2010...
following his election to the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
seat vacated by the death of Robert C. Byrd. Since there is more than one year remaining on Manchin's term as governor but a special election has yet to be called, Tomblin's term as Acting Governor is currently indeterminate.
Disputes over powers of acting governors
The powers of an acting governor came into dispute during the 1980 DemocraticDemocratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
primary
Primary election
A primary election is an election in which party members or voters select candidates for a subsequent election. Primary elections are one means by which a political party nominates candidates for the next general election....
presidential
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
campaign of Jerry Brown
Jerry Brown
Edmund Gerald "Jerry" Brown, Jr. is an American politician. Brown served as the 34th Governor of California , and is currently serving as the 39th California Governor...
, then governor of California
Governor of California
The Governor of California is the chief executive of the California state government, whose responsibilities include making annual State of the State addresses to the California State Legislature, submitting the budget, and ensuring that state laws are enforced...
. When he was campaigning out of state, which was often in late 1979 and early 1980, Mike Curb
Mike Curb
Michael Curb is an American musician, record company executive, NASCAR and IRL race car owner. A Republican, he served as the 42nd Lieutenant Governor of California from 1979-1983 under Democratic Governor Edmund G. "Jerry" Brown, Jr...
, a Republican
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
who was then serving as Lieutenant Governor of California
Lieutenant Governor of California
The Lieutenant Governor of California is a statewide constitutional officer elected separately from the Governor who serves as the "vice-executive" of California. The Lieutenant Governor of California is elected to serve a four year term and can serve a maximum of two terms...
often used his position as acting governor to veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
legislation, promulgate executive orders, issue proclamations, and to do other things that Brown would not likely have done had he been present in the state. This eventually resulted in litigation, much of which went in Curb's favor.
Powers of an acting governor had previously been questioned in the mid-1970s in Kentucky
Kentucky
The Commonwealth of Kentucky is a state located in the East Central United States of America. As classified by the United States Census Bureau, Kentucky is a Southern state, more specifically in the East South Central region. Kentucky is one of four U.S. states constituted as a commonwealth...
. In her capacity as acting governor of Kentucky in Julian Carroll
Julian Carroll
Julian Morton Carroll is a politician from the US state of Kentucky. A Democrat, he is presently a member of the Kentucky Senate, representing Anderson, Franklin, Woodford, and part of Fayette counties. From 1974 to 1979, he served as the 54th Governor of Kentucky, succeeding Wendell H. Ford, who...
's absence, Thelma Stovall
Thelma Stovall
Thelma Hawkins Stovall was a pioneering female Southern politician who won several statewide elective offices in Kentucky, capping her career as Lieutenant Governor of Kentucky under the administration of her fellow Democrat, Governor Julian Carroll.Stovall was born in Munfordville, Kentucky. She...
, then-Lieutenant Governor, acting as governor, issued pardon
Pardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
s, called the Kentucky General Assembly
Kentucky General Assembly
The Kentucky General Assembly, also called the Kentucky Legislature, is the state legislature of the U.S. state of Kentucky.The General Assembly meets annually in the state capitol building in Frankfort, Kentucky, convening on the first Tuesday after the first Monday in January...
into special session to enact legislation limiting property tax
Property tax
A property tax is an ad valorem levy on the value of property that the owner is required to pay. The tax is levied by the governing authority of the jurisdiction in which the property is located; it may be paid to a national government, a federated state or a municipality...
increases, and purported to veto
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
the legislature's repeal of its ratification of the Equal Rights Amendment
Equal Rights Amendment
The Equal Rights Amendment was a proposed amendment to the United States Constitution. The ERA was originally written by Alice Paul and, in 1923, it was introduced in the Congress for the first time...
. The authority of the Lieutenant Governor of Kentucky to act as governor when the elected governor is out of state was repealed under a 1992 amendment to the Kentucky Constitution
Kentucky Constitution
The Constitution of the Commonwealth of Kentucky is the document that governs the Commonwealth of Kentucky. It was first adopted in 1792 and has since been rewritten three times and amended many more...
.
In 1993, in Pennsylvania, Governor Robert P. Casey
Robert P. Casey
Robert Patrick "Bob" Casey, Sr. was an American politician from Pennsylvania. A member of the Democratic Party, he served as the 42nd Governor of Pennsylvania from 1987 to 1995...
underwent surgery
Surgery
Surgery is an ancient medical specialty that uses operative manual and instrumental techniques on a patient to investigate and/or treat a pathological condition such as disease or injury, or to help improve bodily function or appearance.An act of performing surgery may be called a surgical...
that left him incapacitated for months, thus leaving Lieutenant Governor
Lieutenant governor
A lieutenant governor or lieutenant-governor is a high officer of state, whose precise role and rank vary by jurisdiction, but is often the deputy or lieutenant to or ranking under a governor — a "second-in-command"...
Mark Singel
Mark Singel
Mark Stephen Singel served as the Democratic lieutenant governor of Pennsylvania from 1987 to 1995 under Bob Casey He was acting governor from June 14, 1993, to December 13, 1993, during Casey's lengthy battle with amyloidosis and subsequent multiple organ transplant.A graduate of Pennsylvania...
as acting governor. During that time, Singel fulfilled all duties of the office of governor.
Following the death of New Hampshire Governor Hugh Gallen
Hugh Gallen
Hugh J. Gallen was an American automobile dealer and Democratic politician from Littleton, New Hampshire. After serving in the New Hampshire House of Representatives, he won two terms as Governor....
, Vesta M. Roy
Vesta M. Roy
Vesta M. Roy was a Republican New Hampshire politician, born in Dearborn, Michigan.As president of the state Senate, she served as acting governor of New Hampshire from December 29, 1982 until January 6, 1983 as a result of the death of Governor Hugh Gallen shortly before the inauguration of the...
, as president of the state Senate, served as acting governor of New Hampshire from December 30, 1982 to January 6, 1983.
On December 28, 2006, Kris Kolluri
Kris Kolluri
Kris Kolluri serves as head of the New Jersey Schools Development Authority, having taken office as of December 1, 2008, where he succeeded Scott Weiner. He had previously served as Commissioner of the New Jersey Department of Transportation , having been sworn into office on March 13, 2006...
served as acting Governor of New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
, while New Jersey Governor Jon Corzine
Jon Corzine
Jon Stevens Corzine is the former CEO of Goldman Sachs and of MF Global, and a one time American politician, who served as the 54th Governor of New Jersey from 2006 to 2010. A Democrat, Corzine served five years of a six-year U.S. Senate term representing New Jersey before being elected Governor...
was out of town, as was the Senate president, Assembly speaker and attorney general, all ahead of Kolluri in the line of succession. Under state law, an acting governor has to be appointed whenever the governor is absent from the state. New Jersey will get a lieutenant governor, but not until 2010. http://abclocal.go.com/wpvi/story?section=local&id=4887263
Practices in this area are anything but uniform from state to state. In Rhode Island
Rhode Island
The state of Rhode Island and Providence Plantations, more commonly referred to as Rhode Island , is a state in the New England region of the United States. It is the smallest U.S. state by area...
, for example, the Lieutenant Governor never acts as governor, even if the Governor has left the state. In many states, if the Lieutenant Governor succeeds to the governorship, he or she is regarded as a new and succeeding governor in every sense, just as occurs when the Vice President of the United States
Vice President of the United States
The Vice President of the United States is the holder of a public office created by the United States Constitution. The Vice President, together with the President of the United States, is indirectly elected by the people, through the Electoral College, to a four-year term...
becomes President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
when that office is vacated by death or resignation.