Ballot Measures

Governor Disability

November 8, 2022 Tennessee General Election
Description:

A RESOLUTION proposing an amendment to Article II and Article III of the Constitution of Tennessee, relative to the exercise of the powers and duties of the Governor during disability.

A RESOLUTION proposing an amendment to Article II and Article Ill of the Constitution of

Tennessee, relative to the exercise of the powers and duties of the Governor during

disability.

A RESOLUTION proposing an amendment to Article II and Article Ill of the Constitution of

Tennessee, relative to the exercise of the powers and duties of the Governor during

disability.

WHEREAS, the welfare and stability of the State are best served if a qualified person with

governmental experience is immediately available to assume the powers and duties of the office of

Governor when the Governor is unable to do so; now, therefore,

BE IT RESOLVED BY THE SENATE OF THE ONE HUNDRED TWELFTH GENERAL

ASSEMBLY OF THE STATE OF TENNESSEE, THE HOUSE OF REPRESENTATIVES

CONCURRING, that a two-thirds majority of all the members of each house concurring, as shown by

the yeas and nays entered on their journals, that it is proposed that Article Ill, 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.

BE IT FURTHER RESOLVED, that it is proposed that Article Ill, 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 Ill, 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

BE IT FURTHER RESOLVED, that it is proposed that 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 Ill, Section 12.

BE IT FURTHER RESOLVED, that, in accordance with Article XI, Section 3 of the

Constitution of Tennessee, the foregoing proposed amendment shall be submitted to the people at

the next general election in which a governor is to be chosen, the same being the 2022 November

general election, and the Secretary of State is directed to place such proposed amendment on the

ballot for that election.

BE IT FURTHER RESOLVED, that the Clerk of the Senate is directed to deliver copies of

this resolution to the Secretary of State, with this final resolving clause being deleted from such

copies.

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