Summary:
This amendment would add to article III, section 12 of the Tennessee Constitution a process for the
temporary exercise of the powers and duties of the governor by the Speaker of the Senate—or the
Speaker of the House if there is no Speaker of the Senate in office—when the governor is unable to
discharge the powers and duties of the office of governor. While a Speaker is temporarily discharging the
powers and duties of the governor, the Speaker would not be required to resign as Speaker or to resign
as a member of the legislature; but the Speaker would not be able to preside as Speaker or vote as a
member of the legislature. A Speaker who is temporarily discharging the powers and duties of the
governor would not get the governor’s salary but would get the Speaker’s salary. The amendment would
also exempt a Speaker who is temporarily discharging the powers and duties of the governor from
provisions in the Constitution that would otherwise prohibit the Speaker from exercising the powers of the
governor and from simultaneously holding more than one state office.
Question:
Shall Article III, Section 12 of the Constitution of Tennessee be amended by adding the following
language immediately following the current language in the Section?
Whenever the Governor transmits to the Secretary of State, the Speaker of the Senate, and the Speaker
of the House of Representatives, a written, signed declaration that the Governor is unable to discharge
the powers and duties of the office, the powers and duties of the office of Governor shall be temporarily
discharged by the Speaker of the Senate as Acting Governor, or if that office is unoccupied, then by the
Speaker of the House of Representatives as Acting Governor, until the Governor transmits to the same
officials a written, signed declaration that the Governor is able to discharge the powers and duties of the
office.
Whenever a majority of the commissioners of administrative departments of the Executive Department
transmits to the Secretary of State, the Speaker of the Senate, and the Speaker of the House of
Representatives their written, signed declaration that the Governor is unable to discharge the powers and
duties of the office, the Speaker of the Senate shall immediately assume the powers and duties of the
office as Acting Governor, or if that office is unoccupied, then the Speaker of the House of
Representatives shall immediately assume the powers and duties of the office as Acting Governor, until
the Governor transmits to the same officials a written, signed declaration that the Governor is able to
discharge the powers and duties of the office.
Whenever a Speaker is temporarily discharging the powers and duties of the office of Governor as Acting
Governor, such Speaker shall not be required to resign the Speaker’s position as the Speaker or to resign
as a member of the general assembly and shall retain the Speaker’s salary and not receive the
Governor’s salary, but such Speaker shall not preside as Speaker or vote as a member of the general
assembly during the time the Speaker is Acting Governor.
and
Shall Article III, Section 13 of the Constitution of Tennessee be amended by adding the following
language immediately before the period at the end of the Section?
except as provided in Article III, Section 12 with regard to the Speaker of the Senate or the Speaker of the
House of Representatives temporarily discharging the powers and duties of the office of Governor as
Acting Governor
and
Shall Article II, Section 26 of the Constitution of Tennessee be amended by adding the following language
at the end of the Section?
This section shall not apply with regard to the Speaker of the Senate or the Speaker of the House of
Representatives temporarily discharging the powers and duties of the office of Governor as Acting
Governor under Article III, Section 12.