Iowa Amendment 2, Gubernatorial Succession Amendment (2024)

Iowa Amendment 2
Election date November 5, 2024
Topic State executive official measures
Status a Approved
Type Constitutional amendment	Origin State legislature

Iowa Amendment 2, the Gubernatorial Succession Amendment, was on the ballot in Iowa as a legislatively referred constitutional amendment on November 5, 2024. The ballot measure was appproved.

A "yes" vote supported providing that if the governor dies, resigns, or is removed from office, the lieutenant governor would assume the office of governor for the remainder of the term, thereby creating a vacancy in the office of lieutenant governor and allowing the new governor to appoint a new lieutenant governor.

A "no" vote opposed amending the state constitution to provide for a system of gubernatorial succession, thereby maintaining current law in which the lieutenant governor may become responsible for fulfilling the duties and assumes the powers of the governor, but does not have the authority to appoint a new lieutenant governor.

Election results

Iowa Amendment 2
Result		Votes	Percentage
Yes		1,190,003	81.05%
No		278,282	18.95%

Results are officially certified.

Source

Overview

What did the amendment do?

See also: Text of measure

This measure would create a system of succession in the case of temporary or permanent disability of the governor. The amendment would provide that if the governor dies, resigns, or is removed from office, the lieutenant governor would assume the office of governor for the remainder of the term, thereby creating a vacancy in the office of lieutenant governor. Under the amendment, if the lieutenant governor assumed the office of governor, they would have the authority to appoint a new lieutenant governor.

As of 2024, in Iowa, if the governor leaves office, the lieutenant governor became responsible for fulfilling the duties and assumes the powers of the governor, but does not have the authority to appoint a new lieutenant governor.

Why is this amendment on the ballot?

See also: Appointment of Adam Gregg as Lieutenant Governor of Iowa

Adam Gregg (R) was appointed Lieutenant Governor of Iowa by Gov. Kim Reynolds on May 25, 2017. Reynolds, the previous Lieutenant Governor, had recently become Governor following the resignation of Terry E. Branstad to serve as U.S. Ambassador to China.

Before Reynolds was sworn in, Iowa Attorney General Tom Miller (D) issued a legal opinion stating that Reynolds would not have the ability to appoint her own lieutenant governor. In a press conference announcing the decision, Miller said, "There’s a clear historic practice that there is no replacement of a lieutenant governor or vice president absent a constitutional provision." Iowa Secretary of State Paul Pate (R) disagreed, saying in a statement, “There is sufficient legal authority for Governor Reynolds to fill the vacancy of lieutenant governor.”

Upon Gregg's appointment, a Des Moines Register report citing Reynolds' Deputy Chief of Staff Tim Albrecht said Gregg was appointed in such a way that he will "'operate' the office of lieutenant governor, but not actually 'hold' that office." Although Gregg held the title and carried out the responsibilities of the office, he took office while remaining outside of the gubernatorial line of succession. This meant that if Reynolds became unable to carry out the office of governor, the new governor would be the President of the Iowa Senate, who at the time was Jack Whitver (R).

How did this amendment get on the ballot?

See also: Previous attempt to refer gubernatorial succession amendment and Path to the ballot

A constitutional amendment to address gubernatorial succession was first proposed during the 2018 legislative session. The amendment would have gone before the legislature during the 2019-2020 legislature session. However, due to an error made by the secretary of state's office, the 2018 vote did not count toward referring the amendment to the ballot.

To put a legislatively referred constitutional amendment before voters, a simple majority vote is required in both the Iowa State Senate and the Iowa House of Representatives in two successive legislative sessions. In the 2021-2022 session, the amendment was approved by a vote of 63-34 in the House and 46-3 in the Senate. In the 2023-2024 session, the amendment was approved by a vote of 81-18 in the House and 50-0 in the Senate. In both legislative session, all no votes came from Democratic legislators.

What did supporters and opponents say about the measure?

See also: Support and Opposition

State Rep. Heather Matson (D) said, "Personally I’m supporting this amendment because it still provides an option for a future legislation to establish by statute any additional requirements they would like to [for] actually filling that vacancy."

State Rep. Adam Zabner (D) said, "My concern is the lack of oversight from the legislature on who would be chosen for this position. For a position as important as lieutenant governor, I think it’s very important that the legislature have a say in at least confirming the appointment and making sure that it is a reasonable person."

Text of the measure

Ballot title

The ballot title for the amendment was as follows:

“

Summary: Provides that the lieutenant governor will act as the governor if there is a temporary disability of the governor. Further provides that the lieutenant governor or lieutenant governor-elect will be the governor or governor-elect in the case of the resignation, death, or permanent disability of the governor or governor-elect thus creating a vacancy in the office of lieutenant governor or lieutenant governor-elect, as appropriate. Full Text: Section 17 of Article IV of the Constitution of the State of Iowa is repealed and the following adopted in lieu thereof: Sec. 17. Lieutenant governor or lieutenant governor-elect to become or act as governor or governor-elect. If there is a temporary disability of the governor, the lieutenant governor shall act as governor unitl the disability is removed, or the governor dies, resigns, or is removed from office. In case of the death, resignation, or removal from office of the governor, the lieutenant governor shall become governor for the remainder of the term, which shall create a vacancy in the office of lieutenant governor. This section shall also apply, as appropriate, to the governor-elect and the lieutenant governor-elect.

”

Constitutional changes

See also: Article IV, Iowa Constitution

The measure amended Section 17 of Article IV of the state constitution. The following struck-through text was deleted and underlined text was added.

Section 17.

Lieutenant Governor to Act as Governor.

In case of the death, impeachment, resignation, removal from office, or other disability of the governor, the powers and duties of the office for the residue of the term, or until he shall be acquitted, or the disability removed, shall devolve upon the lieutenant governor.

Lieutenant governor or lieutenant governor-elect to become or act as governor or governor-elect.

If there is a temporary disability of the governor, the lieutenant governor shall act as governor until the disability is removed, or the governor dies, resigns, or is removed from office. In case of the death, resignation, or removal from office of the governor, the lieutenant governor shall become governor for the remainder of the term, which shall create a vacancy in the office of lieutenant governor. This section shall also apply, as appropriate, to the governor-elect and the lieutenant governor-elect.

Readability score

See also: Ballot measure readability scores, 2024

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title for this measure. Readability scores are designed to indicate the reading difficulty of text. The Flesch-Kincaid formulas account for the number of words, syllables, and sentences in a text; they do not account for the difficulty of the ideas in the text. The state legislature wrote the ballot language for this measure.

The FKGL for the ballot title is grade level 16, and the FRE is 23. The word count for the ballot title is 191.

Support

Arguments

• State Rep. Heather Matson (D): "Personally I’m supporting this amendment because it still provides an option for a future legislation to establish by statute any additional requirements they would like to actually filling that vacancy."

Opposition

Arguments

• State Rep. Adam Zabner (D): "My concern is the lack of oversight from the legislature on who would be chosen for this position. For a position as important as lieutenant governor, I think it’s very important that the legislature have a say in at least confirming the appointment and making sure that it is a reasonable person."

Campaign finance

See also: Campaign finance requirements for Iowa ballot measures

	Cash Contributions	In-Kind Contributions	Total Contributions	Cash Expenditures	Total Expenditures
Support	$0.00	$0.00	$0.00	$0.00	$0.00
Oppose	$0.00	$0.00	$0.00	$0.00	$0.00
Total	$0.00	$0.00	$0.00	$0.00	$0.00

Ballotpedia has not identified political action committees registered to support or oppose this measure. If you are aware of one, please email editor@ballotpedia.org.

Background

Appointment of Adam Gregg as Lieutenant Governor of Iowa (2017)

Adam Gregg (R) was appointed Lieutenant Governor of Iowa by Gov. Kim Reynolds on May 25, 2017. Reynolds, the previous Lieutenant Governor, had recently become Governor following the resignation of Terry E. Branstad to serve as U.S. Ambassador to China.

Before Reynolds was sworn in, Iowa Attorney General Tom Miller (D) issued a legal opinion stating that Reynolds would not have the ability to appoint her own lieutenant governor. In a press conference announcing the decision, Miller said, "There’s a clear historic practice that there is no replacement of a lieutenant governor or vice president absent a constitutional provision." Iowa Secretary of State Paul Pate (R) disagreed, saying in a statement, “There is sufficient legal authority for Governor Reynolds to fill the vacancy of lieutenant governor.”

Upon Gregg's appointment, a Des Moines Register report citing Reynolds' Deputy Chief of Staff Tim Albrecht said Gregg was appointed in such a way that he will "'operate' the office of lieutenant governor, but not actually 'hold' that office." Although Gregg held the title and carried out the responsibilities of the office, he took office while remaining outside of the gubernatorial line of succession. This meant that if Reynolds became unable to carry out the office of governor, the new governor would be the President of the Iowa Senate, who at the time was Jack Whitver (R).

Gubernatorial line of succession in Iowa

See also: Governor of Iowa and How gubernatorial vacancies are filled

Details of vacancies are addressed under Article IV, Section IV.

Power devolves to the lieutenant governor at any time when the governor is unable or unwilling to discharge the office, under Article IV, Section 4.

Section 17, also referenced statutorily in §7.14 of the Code, grants the powers and duties of the governor to the lieutenant governor for the remaining portion of the term.

Section 19 governs vacancy procedure when both the governor and lieutenant governor are unable to serve. Power first devolves to the President Pro Tem of the Senate and then to the Speaker of the House of Representatives. After that, the Iowa Supreme Court must call an extraordinary session of the General Assembly to choose an acting governor.

Lieutenant Governor of Iowa

Lieutenant Governor of Iowa

The Lieutenant Governor of Iowa is an elected constitutional officer, the second ranking officer of the executive branch and the first officer in line to succeed the Governor of Iowa. The lieutenant governor is popularly elected every four years by a plurality and has no term limit.

Details of vacancies are addressed under Article 5, Section 10.

If there is a vacancy in the lieutenant governor's office, then the governor nominates a new lieutenant governor, subject to a simple majority confirmation vote in each legislative chamber. Once confirmed, the appointee serves the unexpired portion of the term. If the state legislature is in recess, the governor may call it into special session.

If the lieutenant governor is not absent but is unable or unwilling to discharge the office, the constitution allows the legislature to set out the means for filling the vacancy.

If the governor and lieutenant governor both vacate their offices, the state legislature must meet within 48 hours and elect an acting governor, who must belong to the same party as the previous governor, by a simple majority in each chamber. Until then, the acting governor and acting lieutenant governor shall be, in order of succession:

• the President Pro Tem of the Senate
• the Speaker of the House of Representatives
• the State Treasurer
• the State Auditor
• the Secretary of State
• the State Superintendent of Public Instruction

Gubernatorial vacancy procedures across states

See also: How gubernatorial vacancies are filled

The following chart and map provides information on the gubernatorial line of succession across states.

Previous attempt to refer gubernatorial succession amendment

SJR 2006, the gubernatorial succession amendment proposed during the 2018 legislative session was introduced on February 8, 2018. This amendment was approved as Senate Joint Resolution 2006 during the 2018 legislative session on April 11, 2018, in the state House in a vote of 57 to 40 along partisan lines, with three absent or not voting. It was approved in the Senate on April 17, 2018, with a vote of 35 to 11, with four absent or not voting.

The amendment would have gone before the legislature during the 2019-2020 legislature session. However, due to an error made by the secretary of state's office, the 2018 vote did not count toward referring the amendment to the ballot.

Iowa Secretary of State Paul Pate (R) said that his office failed to report constitutional amendments that the 86th Iowa General Assembly (2017-2018) approved in 2018. The Iowa Constitution required notifications of the constitutional amendments to be published at least three months before November 2018.

In March and April 2018, the legislature approved (1) an amendment to provide a state right to own and bear firearms and (2) an amendment to allow the governor to appoint a lieutenant governor in the event of a vacant office and revise the gubernatorial line of succession. In Iowa, constitutional amendments are referred to the ballot for voter consideration after approval during two successive legislative sessions with legislative elections in between. The 87th Iowa State Legislature (2019-2020) needed to approve the constitutional amendments one more time for them to appear on the ballot in 2020.

Both of the constitutional amendments received the support of legislative Republicans in 2018. Senate Democrats were divided on both of the constitutional amendments. House Democrats opposed both of the constitutional amendments.

Rep. Matt Windschitl (R-17) commented on the error, saying, "I was extremely disappointed to find that the Secretary of State's Office did not follow through with their obligation. Unfortunately, this sets our timeline back about two years." The earliest the constitutional amendments could appear on the ballot, due to the error, was 2022. Pate said, “Due to a bureaucratic oversight, my office failed to publish the required notifications in Iowa newspapers of two continuing resolutions passed by the Iowa Legislature last year. I accept full responsibility for this oversight and offer my sincerest apology to the legislators and supporters who worked so hard on these bills.”

In 2004, the office of former Secretary of State Chet Culver (D) made a similar mistake as Pate, failing to publish a notification on a constitutional amendment. The Iowa General Assembly had to re-start the process and referred the amendment to the ballot in 2008.

Path to the ballot

See also: Amending the Iowa Constitution

To put a legislatively referred constitutional amendment before voters, a simple majority vote is required in both the Iowa State Senate and the Iowa House of Representatives in two successive legislative sessions.

2023-2024 session

The constitutional amendment was introduced as House Joint Resolution 3 on January 26, 2023. It was passed in the House on February 1, 2023, in a vote of 81-18. It was passed in the Senate on April 19, 2023, in a vote of 50-0.

Vote in the Iowa House of Representatives February 1, 2023
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 51  a
	Yes	No	Not voting
Total	81	18	1
Total percent	81.00%	18.00%	1.00%
Democrat	18	18	0
Republican	63	0	1

Vote in the Iowa State Senate April 19, 2023
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 26  a
	Yes	No	Not voting
Total	50	0	0
Total percent	100.00%	0.00%	0.00%
Democrat	16	0	0
Republican	34	0	0

2021-2022 session

The constitutional amendment was introduced as House Joint Resolution 2005 on February 10, 2022. It was passed in the House on February 23, 2022, in a vote of 63-34. It was passed in the Senate on March 22, 2022, in a vote of 46-3. The amendment was sent to the Iowa Secretary of State and thereby referred to the 2023-2024 session of the state legislature on April 6, 2022.

Vote in the Iowa House of Representatives February 23, 2022
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 51  a
	Yes	No	Not voting
Total	63	34	8
Total percent	63.00%	34.00%	3.00%
Democrat	5	34	1
Republican	58	0	2

Vote in the Iowa State Senate March 22, 2022
Requirement: Simple majority vote of all members in each chamber in two sessions
Number of yes votes required: 26  a
	Yes	No	Not voting
Total	46	3	1
Total percent	92.00%	6.00%	2.00%
Democrat	15	3	0
Republican	31	0	1

How to cast a vote

See also: Voting in Iowa

See below to learn more about current voter registration rules, identification requirements, and poll times in Iowa.

How to vote in Iowa

Poll times

In Iowa, all polls are open from 7:00 a.m. to 8:00 p.m. Central Time. An individual who is in line at the time polls close must be allowed to vote.

Registration

Check your voter registration status here.

To vote in Iowa, one must be a United States citizen, a resident of Iowa, and at least 18 years old by Election Day. A voter that is 17 years old may participate in a primary election if they will be 18 by the time of the next general election. The deadline to register is 15 days prior to the election but registration is permitted on Election Day with proof of identification.Iowans may register online or by completing a form and returning to their county auditor’s office by mail or in person.

Automatic registration

See also: Automatic voter registration

Iowa does not practice automatic voter registration.

Online registration

See also: Online voter registration

Iowa has implemented an online voter registration system. Residents can register to vote by visiting this website.

Same-day registration

See also: Same-day voter registration

Iowa allows same-day voter registration.

In order to register and vote on Election Day, voters must go to the correct polling place with proof of their identity and residence (i.e. a valid Iowa driver's license or another acceptable form of photo identification and proof of residency). Click here to read more about voter identification requirements.

Residency requirements

To register to vote in Iowa, you must be a resident of the state. State law does not specify a length of time for which you must have been a resident to be eligible.

Verification of citizenship

See also: Laws permitting noncitizens to vote in the United States

Iowa does not require proof of citizenship for voter registration. An individual applying to register to vote must attest that they are a U.S. citizen under penalty of perjury.

All 49 states with voter registration systems require applicants to declare that they are U.S. citizens in order to register to vote in state and federal elections, under penalty of perjury or other punishment. Seven states — Alabama, Arizona, Georgia, Kansas, Louisiana, New Hampshire, and Wyoming — have laws requiring verification of citizenship at the time of voter registration, whether in effect or not. In three states — California, Maryland, and Vermont — at least one local jurisdiction allows noncitizens to vote in some local elections. Noncitizens registering to vote in those elections must complete a voter registration application provided by the local jurisdiction and are not eligible to register as state or federal voters.

Verifying your registration

The Iowa secretary of state’s office maintains a page that allows residents to check their voter registration status online.

Voter ID requirements

Iowa requires voters to present identification while voting. Voters who do not have a valid ID can obtain an Iowa voter ID card for free by mail. According to the secretary of state's website, " Iowa Department of Transportation’s Driver’s License or Non-Operator ID files are automatically mailed an Iowa Voter Identification Card."

Voters can present the following forms of identification:

• Iowa voter ID card
• Iowa driver’s license
• Iowa non-operator ID
• U.S. passport
• U.S. military ID or veteran ID
• Tribal ID card/document

Voter who do not have one of the IDs listed above may have another voter attest to their identity, or they may provide a combination of other documents to verify their identity and residence. The following additional documents are acceptable proof of identity:

• Out-of-state driver's license or non-driver ID card
• ID card issued by employer
• Student ID issued by Iowa high school or college
• Another photo ID that is current, valid, and contains an expiration date

The following documents are acceptable proof of residence:

• A photo ID from one of the lists above that includes the voter's current address
• Residential lease
• Utility bill (including a cell phone bill)
• Bank statement
• Paycheck
• Government check or other government document
• Property tax statement

Voters without the required identification or another voter to attest to their identity will be offered a provisional ballot.

See also

2024 measures

• 2024 ballot measures
• State executive official measures on the ballot

Iowa

• Iowa ballot measures
• Iowa ballot measure laws

News and analysis

• Ballot measure lawsuits
• Ballot measure readability
• Ballot measure polls

External links

• Iowa House Joint Resolution 2005