HOUSE JOINT RESOLUTION 15

49th legislature - STATE OF NEW MEXICO - first session, 2009

INTRODUCED BY

Thomas A. Anderson

A JOINT RESOLUTION

PROPOSING AN AMENDMENT TO ARTICLE 5, SECTION 7 OF THE CONSTITUTION OF NEW MEXICO TO MODIFY THE SEQUENCE OF GUBERNATORIAL SUCCESSION.

BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

     Section 1. It is proposed to amend Article 5, Section 7 of the constitution of New Mexico to read:

          "A. If at the time fixed for the beginning of the term of the governor, the governor-elect [shall have] has died, the lieutenant governor-elect shall become governor. If a governor [shall] is not [have been] chosen before the time fixed for the beginning of [his] the governor's term, or if the governor-elect [shall have failed] fails to qualify, then the lieutenant governor-elect shall act as governor until a governor [shall have] has qualified [and]. The legislature may by law provide for the case [wherein] where neither a governor-elect nor a lieutenant governor-elect [shall have qualified] qualifies, declaring who shall then act as governor, or the manner in which [one who is to act] the governor shall be selected, and [such] that person shall act accordingly until a governor [or] and lieutenant governor [shall] have qualified.

          B. If after the governor-elect has qualified a vacancy occurs in the office of governor, the lieutenant governor shall succeed to that office, and to all the powers, duties and emoluments thereof, provided [he] the lieutenant governor has by that time qualified for the office of lieutenant governor. In case the governor is absent from the state, or is for any reason unable to perform [his] the governor's duties, the lieutenant governor shall act as governor, with all the powers, duties and emoluments of that office until such disability be removed. In case there is no lieutenant governor, or in case [he] the lieutenant governor is for any reason unable to perform the duties of governor, then the [secretary of state] speaker of the house shall perform the duties of governor [and]. In case there is no [secretary of state] speaker of the house, or the speaker of the house is for any reason unable to perform the duties of governor, then the president pro tempore of the senate [or] shall perform the duties of governor. In case there is no president pro tempore of the senate, or [he] the president pro tempore of the senate is for any reason unable to perform the duties of governor, then the [speaker of the house] secretary of state shall succeed to the office of governor, or act as governor as hereinbefore provided."

     Section 2. The amendment proposed by this resolution shall be submitted to the people for their approval or rejection at the next general election or at any special election prior to that date that may be called for that purpose.

- 3 -