How gubernatorial vacancies are filled
Each state has a constitutionally prescribed method for filling vacancies in the office of governor. In the 45 states with a lieutenant governor, that individual is the first in the line of succession. Whether additional offices in the line of succession are named in the constitution or by statute varies among states.
Among those states with no office of lieutenant governor, the primary successor to the governor varies. Officers first in line to succeed the governor in case of a vacancy are:
- The president of the state senate in two states (Maine and New Hampshire). State Senate presidents in West Virginia and Tennessee are also first in line since they serve as lieutenant governor ex officio.
- The secretary of state in three other states (Arizona[1], Oregon and Wyoming).
Overall, the constitutional rules for who comes second in line for the governor's seat are much more complex than that of first in line. Common second-in-lines include:
- The President of the Senate (Pro Tempore)
- The Speaker of the House
- The Secretary of State
However, seven states have a more complex succession prescribed by law and another seven states do not designate a specific successor.
Vacancy procedures usually address the length of absence at which a temporary vacancy becomes a permanent vacancy. In many cases, the governor may temporarily surrender power while traveling outside the state or during periods of injury or illness. In such cases, the lieutenant governor or the governor's primary successor usually becomes a temporary "acting governor."
Vacancy procedures may also detail:
- whether the officer who succeeds to the governorship has the full powers of the elected governor they replaced
- situations in which an appointed governor completes the current term and situations under which a special election is called
- whether the individual who replaces the elected governor must belong to the same party as the governor
- the privilege of governors who are resigning voluntarily, often to accept a higher office, to name their own replacement
- what happens when a governor-elect dies, resigns, or is otherwise unavailable to take the oath of office
- how to remove a governor against the governor's will. This includes impeachment, recall, and removal on grounds of mental or physical unfitness for the office. In recent years, Illinois successfully impeached Rod Blagojevich for corruption, and the citizens of California successfully recalled Gray Davis.
Vacancy procedures across states
Acting governor
In most states, if a governor permanently leaves office due to death, resignation, etc., their successor will become governor. However, in many states, the successor will instead assume the office of acting governor. The term acting governor is used by various states to describe two different situations.
- In some states, the acting governor is an officer who was not elected to the position but exercises the powers of the governor due to a vacancy. In these states, acting governors may fill either a temporary vacancy in the office (due to illness, out-of-state travel, etc.) or a permanent vacancy (due to death, resignation, etc.). (See West Virginia)
- In others, the acting governor exercises the powers of the governor on a temporary basis when the elected governor is unable to perform their duties. In these states, the successor of a governor who has left office simply becomes governor. (See Virginia)
Permanent acting governor
It is relatively uncommon for an acting governor to arise in response to a permanent vacancy -- one where the incumbent is not expected to return to office -- in the office of governor. In states where it does occur, a special election to choose a new governor typically follows if there is more than a year left in the former governor's term. An example of such a state is New Hampshire; if there is either a permanent or temporary vacancy in the office of governor, the president of the state senate becomes acting governor. As in Arkansas, if a general election is scheduled for within 12 months of when the vacancy occurred, the acting governor finishes the former governor's term. Otherwise, a special election to elect a new governor is called. (New Hampshire Constitution, Article 49)
Temporary acting governor
In many states, acting governors only take office in response to temporary vacancies in the office of governor -- that is, when the governor cannot exercise his office temporarily due to illness, some other disability, or being absent from the state. When the governor is not expected to return to office, the next in line for the office becomes governor in their own right, not as an acting officer. The list below highlights a few of these states:
- Alabama: The lieutenant governor can serve as “acting” governor for up to 20 days when the governor is unable to perform his or her duties. After 20 days the office is deemed vacant and the lieutenant governor becomes governor by default. (Alabama Constitution, Article V, Section 127)
- Montana: The lieutenant governor becomes acting governor when the governor so requests in writing or if an illness or disability renders him or her unable to make that request, and automatically whenever the governor has been absent from office for 45 days. If, however, the governor leaves office due to death, resignation, or "disqualification," the lieutenant governor becomes governor. (Montana Constitution, Article VI, Section 14)
Creating vacancies
In addition to death and resignation, there are a number of ways a governor can willingly or unwillingly vacate their office.
Physical and mental health
A vacancy can occur if the governor is unable to exercise their office due to physical or mental incapacitation. Such vacancies are typically considered temporary; usually, the governor's designated successor will become acting governor until the incumbent recovers. In some states, the vacancy may become permanent if the incapacity lasts beyond a certain period of time, or if the state's supreme court or legislature declares the office vacant. Two examples of health-related vacancy procedures are:
- Colorado: If the governor or lieutenant governor are unfit for office due to physical or mental illness, the officeholder may either deliver a written statement to the legislature declaring themself unable to serve, or the Colorado Supreme Court may declare them unfit. (Colorado Constitution, Article IV, Section 13)
- Georgia: Any four constitutional executive officers (lieutenant governor, secretary of state, attorney general, state treasurer) may petition the Georgia Supreme Court regarding the fitness for office of a fifth officer. That officer shall have a hearing with the testimony of no less than three board-certified physicians, one of whom must be a psychiatrist, before being deemed unfit or removed. The Supreme Court may make a determination of either temporary or permanent disability; in the case of the former, they shall also determine when the incumbent may resume their office. (Georgia Constitution, Article V, Section 4, Paragraph II)
Impeachment
All states have some sort of impeachment procedure to try and, if necessary, remove officers of the state government from their posts due to unlawful activity. In most cases, impeachment procedures mirror that of the federal government, under which the House of Representatives impeaches an officer (formally accuses the officer of a crime), while the Senate tries the official.
When a governor is removed from office following an impeachment trial, the next officer in the gubernatorial line of succession becomes governor.
Vacancy procedures by state
Alabama
- See also: Governor of Alabama
Details of vacancy appointments are addressed under Article V, Sections 127 and 128 of the state constitution.
In the event that the elected governor is unable to complete his or her term, the Lieutenant Governor of Alabama succeeds him or her. The lieutenant governor also becomes acting governor at any time when the elected governor is unable to discharge the office for 20 consecutive days. Because Alabama elects its governor and lieutenant governor on separate tickets, it is theoretically possible for the governorship of the state to change parties without an election occurring.
Any two other constitutional officers, excluding the individual who would succeed the governor, may also file an affidavit with the state supreme court declaring that the sitting governor is of unsound mind. In this situation, the court determines whether the governor is mentally competent to exercise the office.
Alaska
- See also: Governor of Alaska
Details of vacancy appointments are addressed under Article III, Sections 9 to 14.
In the event that the elected governor is unable to complete his or her term, the Lieutenant Governor of Alaska assumes the office. The lieutenant governor also becomes acting governor at any time when the elected incumbent is temporarily unable to discharge the office. If the elected governor is continually unable to discharge the office for six months, the office is deemed vacant and the lieutenant governor succeeds to the office.
In the event that a governor-elect dies, resigns, is disqualified, or otherwise does not take office, the individual elected as lieutenant governor shall become the governor.
If the lieutenant governor takes over as the governor, she or he serves as the governor for the entire remaining term.
Arizona
- See also: Governor of Arizona
Details of vacancy appointments are addressed under Article 5, Section 6 of the state constitution.
As Arizona is one of the five U.S. states with no lieutenant governor, the vacancy rules for the governor's office are somewhat more complex than other states. In the event that the governor is unable to discharge the office for any reason, the Arizona Secretary of State succeeds if two conditions are met; the secretary of state must be serving as an elected officer and must meet the requirements to hold the governorship.
If either of those criteria do not hold, then the attorney general, the state treasurer, and the state schools superintendent are, in descending order, the next in line to succeed the governor, subject to the same criteria as the secretary of state.
Legally, taking the governor's oath of office is treated as an official resignation from the previous office held. Whenever the secretary of state or any other officer becomes the governor, he or she has the full powers and emoluments of the office and serves until the next election.
The same line of succession holds when disability or absence means the governor is temporarily unable to discharge the office.
In November 2022, Arizona voters approved Proposition 131, which was a constitutional amendment to create the position of lieutenant governor, who would be elected on a joint ticket with the governor, and who would succeed the governor in case of a vacancy. Voters will first elect a lieutenant governor in Arizona in the 2026 elections.
Arkansas
- See also: Governor of Arkansas
Details of vacancy appointments are addressed under Article 6, Sections 12 to 14.
If the elected governor resigns, dies, is removed, or is otherwise unable to discharge the office, the lieutenant governor is the first to succeed, serving as the governor until an election is held. The lieutenant governor also serves as acting governor if the incumbent is temporarily unable to exercise the office. The next in line is the speaker of the Arkansas House of Representatives. In Arkansas, the lieutenant governor also serves as the president of the Arkansas State Senate.
If the next scheduled general election is more than 12 months away when the acting governor assumes office, she or he must call a special election, with a minimum of 60 days notice, run according to the same rules that administer a regular election.
California
- See also: Governor of California
Article 5, Section 10 of the state constitution requires the Lieutenant Governor of California to assume the office of governor if the incumbent is unable to discharge the office. The legislature sets the rest of the order of precedence for filling vacancies in the office of governor. Disputes over the line of succession are under the sole jurisdiction of the California Supreme Court.
Colorado
- See also: Governor of Colorado
Details of vacancy appointments are addressed under Article IV, Section 13 of the state constitution.
If the office of the governor is vacant, temporarily or permanently, for any reason, the lieutenant governor takes over all the duties and responsibilities of the office. Once the lieutenant governor assumes the governorship, he appoints a replacement for the now-empty lieutenant governorship.
If the lieutenant governor is unable to discharge the office or if both the governor's and lieutenant governor's offices are vacant, the position(s) shall be filled by the highest-ranking member(s) of the state legislature who belongs to the same party as the elected officer in question.
If the governor is unfit for office due to physical or mental illness, the officeholder may deliver a written statement to the legislature declaring himself no longer able to serve, or the Colorado Supreme Court may hold a hearing to deem the office holder not physically or mentally fit for office.
Additionally, if an appointed governor serves more than half of a four-year term, for purposes of applying term limits, he shall be considered to have served a full term.
Connecticut
- See also: Governor of Connecticut
The vacancy procedure for the office of governor Article IV, Sections 18, 19, and 21.
Under any circumstances where the elected governor is unable or unwilling to discharge the office, the elected lieutenant governor shall, as soon as he takes the oath of office, become the governor and hold the office until the next regularly scheduled election.
Delaware
- See also: Governor of Delaware
Details of vacancies are addressed under Article III, Section 20.
The Lieutenant Governor of Delaware is the first in line to become either the acting governor or the governor in the event that the elected officer is unable or unwilling to discharge the office, either temporarily or permanently. If the lieutenant governorship is likewise vacant, the descending order of succession is the Delaware Secretary of State, the Attorney General of Delaware, the President Pro Tempore of the Senate and the Speaker of the House.
Any of these officers who takes over the governor's duties is understood to have given up his or her previous office.
In the event of physical or mental inability to discharge the office, the governor may deliver a written statement to the Assembly to that effect. Alternately, the Chief Justice of the Supreme Court of Delaware, the President of the Medical Society of Delaware, and the Commissioner of the Department of Mental Health, acting unanimously, may declare the governor unfit. In either of these events, the lieutenant governor becomes the acting governor, pending a vote of the assembly to make the appointment permanent (§ 20).
Florida
- See also: Governor of Florida
Details of vacancy appointments are addressed under Article IV, Section 3 of the Florida Constitution.
Whenever the governor is unable or unwilling to discharge the office, either temporarily or permanently, the lieutenant governor takes over all the duties of the governorship either until the governor is able to resume the office or until the next election.
At any time that the governor is on trial for impeachment, the lieutenant governor becomes the acting governor.
Additionally, at any time that three members of the cabinet and the Chief Justice of the Supreme Court agree on the governor's mental or physical unfitness for office, they may suspend and reinstate the governor, pursuant to § 3.
Georgia
- See also: Governor of Georgia
Details of vacancy appointments are addressed under Section I, Paragraph V of the Georgia Constitution
At any point that the governor or governor-elect is temporarily or permanently unable to discharge the office, the lieutenant governor or the lieutenant governor-elect assumes the office with all its powers and responsibilities.
In cases where the governor is permanently unable to fulfill the duties of the office, the lieutenant governor, as acting governor, will in most cases hold the office until the next general election. If the former officeholder's term is set to expire less than 90 days after the next election (in other words, if it is the last year of the former governor's term) and when the governorship is left vacant less than 30 days before a general election, the lieutenant governor simply completes the elected term.
If both the governor and lieutenant governor vacate their seats, the Speaker of the House of Representatives schedules a special election and serves as acting governor until that date.
Removing a constitutional officer for disability is governed by Article V, Section IV. Any four constitutional officers may petition the Georgia Supreme Court regarding the fitness for office of a fifth officer. That officer shall have a hearing with the testimony of no less than three board-certified physicians, one of whom must be a psychiatrist, before being deemed unfit or removed. The Supreme Court may make a determination of either temporary or permanent disability; in the case of the former, they shall also determine when the governor may resume the office.
Hawaii
- See also: Governor of Hawaii
Details of vacancies are addressed under Article V, Section 4 of the Hawaii Constitution.
The Lieutenant Governor of Hawaii becomes acting governor upon the governor's absence from the state or disability from discharging duties, either temporarily or permanently.
Idaho
- See also: Governor of Idaho
Details of vacancies are addressed under Article IV, Sections 12 and 14 of the Idaho Constitution.
The powers of the governor devolve to the Lieutenant Governor of Idaho any time the governor is unable or unwilling to discharge the office, or has been removed from the office. In such instances, the lieutenant governor exercises the office of governor either until the latter can resume the office or until the next gubernatorial election.
Additionally, under Section 14, if the offices of both governor and lieutenant governor are vacant, the office of governor passes first to the President Pro Tem of the Idaho Senate and next the Speaker of the Idaho House of Representatives.
Illinois
- See also: Governor of Illinois
Details of vacancies are addressed under Article V, Section 6.
In the event of a vacancy, the line of succession is as follows: the lieutenant governor, the elected attorney general, and then the elected secretary of state. The wording of the state constitution suggests that an attorney general or secretary of state appointed to fill a vacancy is not eligible to succeed to the office of governor.
The governor may temporarily remove himself or herself from office by stating a serious impediment to discharging the office to the secretary of state and to the officer who would succeed him or her. The governor may resume his or her office at will. Removing the governor against his or her will for reasons of mental or physical health is a power ascribed to the Illinois Supreme Court.
Indiana
- See also: Governor of Indiana
Details of vacancies are addressed under Article 5, Section 10.
If the governor becomes incapacitated then the lieutenant governor of Indiana becomes acting-governor until his or her recovery. If the governor resigns, dies, or is impeached, tried, and convicted, then the lieutenant governor becomes governor.
If the office of the lieutenant governor is vacant, then the Senate Pro-Tempore becomes governor. If the office of Senate Pro-Tempore is also vacant then the senate must elect a new Pro-Tempore to fill the governor's office.
The governor may temporarily step aside if he or she communicates that he or she is unable to discharge the office to both the President Pro-Tempore of the Senate and the Speaker of the House of Representatives. The same two individuals may file a petition with the Indiana Supreme Court asking for a hearing of fitness for office for the Governor. In that case, the hearing must be held within 48 hours and the Supreme Court's decision is final.
If the governor and lieutenant governor both vacate their offices, the General Assembly must meet within 48 hours and elect an acting governor, who must belong to the same party as the elected governor, by a simple majority in each chamber. Until then, the acting governor shall be, in order of succession:
- the President Pro-Tempore of the Senate
- the Speaker of the House of Representatives
- the State Treasurer
- the State Auditor
Iowa
- See also: Governor of Iowa
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.
Kansas
- See also: Governor of Kansas
Details of vacancies are addressed under Article 1, Section 11.
At any time the governor is unable to discharge the office, temporarily or permanently, the lieutenant governor shall take his or her place until the disability is removed.
If the lieutenant governor is also disabled, the legislature shall determine the line of succession.
Kentucky
- See also: Governor of Kentucky
Details of vacancies are addressed under Article 6, Section 84.
Whatever the circumstances, if the elected governor is unable or unwilling to discharge the office, the duties pass to the lieutenant governor. If the governor is on trial for any reason, the Chief Justice of the Kentucky Supreme Court must be the presiding officer.
Regarding physical or mental unfitness for office, the Attorney General of Kentucky may petition the Supreme Court for a judgment that the governor must be removed either temporarily or permanently.
Louisiana
- See also: Governor of Louisiana
Details of vacancies are addressed under Article IV, Section 14.
When a vacancy occurs in the office of governor, the order of succession shall be:
(1) the elected lieutenant governor,
(2) the elected secretary of state,
(3) the elected attorney general,
(4) the elected treasurer,
(5) the presiding officer of the Senate,
(6) the presiding officer of the House of Representatives, and then
(7) as provided by law.
The successor shall serve the remainder of the term for which the governor was elected.
Maine
Details of vacancy appointments are addressed under Article IV, Sections 14 and 15.
Maine is one of five states that lack a formal office of lieutenant governor. Instead, the first person in the line of succession is the President of the Senate. If the vacancy occurs more than 90 days ahead of the next scheduled primary election for a biennial general election, then a special election for the governorship shall be part of the ballot. Whoever wins that election will take office on the second Wednesday in January after the election.
If fewer than 90 days are left until a scheduled primary, the Senate President simply fills the remainder of the term. After the Senate President, the Speaker of the House of Representatives and then the secretary of state are next in line.
If mental health keeps the elected governor from discharging his office for more than six months, a super-majority of both chambers of the legislature shall present a joint resolution to the Maine Supreme Court, which will hold a hearing and issue a decision. When a physical or mental disability only causes a temporary inability to fulfill the requirements of the office, the same line of succession applies. The governor may declare herself or himself temporarily unable to serve to the Chief Justice of the Maine Supreme Court.
Whenever any other officer is serving as the acting governor, he or she shall be paid only the salary of the governorship and shall vacate his or her other office, leaving it to the legislature to appoint a successor.
Maryland
- See also: Governor of Maryland
Details of vacancy appointments are addressed under Article II, Sections 6 and 7.
Regarding the governor-elect, if that individual dies or resigns, the lieutenant governor shall become the governor for the full term. If the governor-elect fails to take office for any other reason, the lieutenant governor shall take over with the title of 'Acting Governor' only until the vacancy is permanently filled.
When the governor is temporarily unable to discharge the office, whether or not he or she is able to communicate that in writing to the lieutenant governor, the latter shall become the acting governor. Before resuming her or his duties, the governor must inform the lieutenant governor in writing of the fact.
At any time, by a three-fifths vote, the General Assembly may declare the governor, or the lieutenant governor, mentally or physically unfit to hold the office. For purposes of taking such a vote, a member of the Assembly may call both chambers into a joint session. If such a resolution concerning the governor's fitness for office is adopted, it shall be delivered to a Maryland Court of Appeals, which shall, in turn, make a decision. The same process applies to a governor-elect or a lieutenant governor-elect.
If the governor's seat becomes otherwise vacant, the lieutenant governor shall assume the office and complete the term. After the lieutenant governor, the President of the Senate is next to succeed. He or she shall, as acting governor, retain the title of 'Senate President', but the Senate shall nominate another member to execute the actual tasks of that office.
Under circumstances when the governor-elect fails to take office, the Maryland Court of Appeals has exclusive jurisdiction in settling disputes and issues that arise from that situation.
With respect to Article III, Section 26 of the Constitution, the legislature may remove and impeach the governor or the lieutenant governor.
Massachusetts
- See also: Governor of Massachusetts
Details of vacancy appointments are addressed under Article LV of the Amendments to the Massachusetts Constitution. When it was passed, Article LV annulled and replaced Article VI of Section III of Chapter II.
The established line of succession for any gubernatorial vacancy is:
- the Massachusetts Treasurer (alternate title for Receiver-General)
When the lieutenant governor takes over, his or her official title is 'Lieutenant Governor, Acting Governor'. Regardless of the officer who takes over as acting governor, that individual shall have all the powers and rights of the elected governor, if not the title.
If a governor-elect dies without taking office, the individual elected on the same ballot as the lieutenant governor shall take office and serve as the governor.
Any time a sitting Governor communicates in writing to the President of the Senate and the Speaker of House of Representatives that he or she is unable to discharge the office, that action shall be taken to consider the office of the governor vacant. At any time, the Chief Justice and a majority of the Associate Justices of the Massachusetts Supreme Court may deliver an opinion to the Senate and House that they have found the governor unfit to discharge the office; in such an instance, the governorship shall also be considered to be vacant.
Whether a governor declared himself or herself temporarily unfit or the courts found him or her unfit, the governor may deliver, to the legislature, a written statement that he or she is fit to return to office. Unless the Supreme Court contests that declaration, the governor shall return to office within four days. If the Supreme Court does challenge the governor's return to office, Article XCI of the Amendments to the Constitution lays out a process for hearing and a final decision.
Regardless of who initiated the decision about the governor's disability, if that disability continues for six months and if more than five months remain until the next biennial election, a special election shall be held for the remainder of the governor's term.
Michigan
- See also: Governor of Michigan
Details of vacancy appointments are addressed under Article V, Section 26.
In the event of the governor's death, resignation, impeachment and conviction, or removal from office, the line of succession begins with the lieutenant governor, the elected secretary of state, and then the elected attorney general.
The same line of succession applies if a governor-elect dies, which the caveat that it is the elected, or re-elected, individuals who would have taken office in the New Year.
For the temporary absence or inability of the governor, the same individuals will take over the office, but only until the governor returns or recovers. Determining a permanent inability of the governor is at the discretion of the Supreme Court of Michigan, which shall take up the matter only after receiving a joint petition from the President Pro Tem of the Senate and the Speaker of the House of Representatives. If a majority of the court rules that the governor is indeed unfit for office, that determination shall be final and may only be reversed by the same Court.
Minnesota
- See also: Governor of Minnesota
Details of vacancy appointments are addressed under Article V, Section 5.
At any time that the governor is unable to discharge the office, the Lieutenant Governor of Minnesota succeeds to the office. In the event of a vacancy in the lieutenant governorship, the least elected presiding officer of the Senate, which is to say, the Senate President Pro Tem shall succeed to that office.
Mississippi
- See also: Governor of Mississippi
Details of vacancies are addressed under Article V, Section 131.
In the event of a temporary vacancy in the governorship, due to illness, absence, or disability, the office shall first devolve to the lieutenant governor, followed by the President Pro Tem of the Senate and then the Speaker of the House of Representatives.
Should all three of those officers be unable to discharge the office of the governor, the Mississippi Secretary of State shall convene a special session of the Senate wherein its members shall elect a new President Pro Tem who will be able to serve as acting governor.
Any individual acting as the governor receives the base compensation for his or her elected office plus the difference between that wage and the gubernatorial salary. Acting governors have the full powers and emoluments of the office.
If there is a question of the governor's permanent disability or of whether a temporarily absent governor is fit to resume the office, then the secretary of state shall request that the Mississippi Supreme Court investigate and decide the matter. Once delivered in writing to the Secretary of State, that opinion is "final and conclusive."
Missouri
- See also: Governor of Missouri
Details of vacancies are addressed under Article IV, Sections 11(a), (b), and (c).
Should a Governor-elect die before taking office, the Lieutenant Governor-elect shall be sworn in as the Governor. At any time that the sitting governor dies, resign, or is convicted or impeached, the Lieutenant Governor shall take over the office. Similarly, in the case of a temporary or permanent disability, the Lieutenant Governor is first in the line of succession.
Regardless of the reason for the vacancy, the line of succession after the Lieutenant Governor is the same:
- the President Pro Tem of the Senate
- the Speaker of the House of Representatives
- the State Auditor
- the State Treasurer
- the Attorney General
Whoever serves as Acting Governor shall have the full powers and emoluments of the office.
The Governor may state his or her temporary disability in writing to the Senate President Pro Tem and the Speaker of the House, at which point the governorship shall be vacant until the Governor indicates in writing to the same two officers that he or she is ready to resume the office.
A disability board made up of the same individuals in the line of succession as well as the Majority Floor Leaders in each chamber may convene to challenge a governor's declaration that is fit to resume office or initiate a hearing into the governor's fitness for office. If that board chooses to recommend the governor not discharge the office, they will deliver that decision to the President Pro Tem and the Speaker, who will, in turn, inform the Missouri Supreme Court.
The Court then convenes and has 21 days to reach a decision.
Any state officer who serves as Acting Governor is not considered to have vacated the office; that officer's chief administrative staffer shall discharge the office until the elected officer returns.
Montana
- See also: Governor of Montana
Details of vacancies are addressed under Article VI, Section 14.
If a governor-elect dies, is disqualified, or declines to take office, the lieutenant governor-elect takes offices and serves as governor. If the governor-elect is unable to take office on inauguration day, the lieutenant governor-elect served as acting governor only until the elected Governor is able to take office.
The lieutenant governor also becomes acting governor when the governor so requests in writing, when the governor's illness or disability renders him or her unable to make that request, and automatically whenever the governor has been absent from office for 45 days.
The lieutenant governor and the attorney general may together recommend that the Governor be found unfit to serve and convene the legislature to consider the question.
Under such circumstances, the legislature has 21 days to consider the motion and may declare the governor until by a two-thirds vote. The lieutenant governor then becomes the acting governor and the elected governor retains the prerogative to attest that he or she is able to resume the office. If the governor takes this step, the legislature has 15 days to contest the declaration.
Lastly, the lieutenant governor assumes the governorship and serves the remainder of the term if the governor dies, resigns, or is disqualified while in office.
Nebraska
- See also: Governor of Nebraska
Details of vacancy appointments are addressed under Article IV, Section 16.
If the governorship becomes vacant for any reason, the lieutenant governor and then the Speaker of the Legislature shall succeed. The governor may also devolve powers to the lieutenant governor when the former is absent or temporarily unable to discharge the office.
If a governor-elect is unable to take the office or is disqualified before being inaugurated, the lieutenant governor-elect is inaugurated in his or her place and serves the full term.
Nevada
- See also: Governor of Nevada
Details of vacancy appointments are addressed under Article 5, Section 18.
Any time the elected governor dies, resigns, is impeached, or is temporarily or permanently unable to discharge the office, the powers and duties of the governorship shall devolve to the Lieutenant Governor of Nevada.
The lieutenant governor also serves as acting governor when the governor is absent unless the latter is absent in order to lead the state's militia and has done so with the consent of the legislature, in which case he or she remains the governor while actively serving as commander-in-chief.
New Hampshire
- See also: Governor of New Hampshire
Details of vacancy appointments are addressed under Executive Power, Section 49 and 49a.
The state of New Hampshire lacks an office of the lieutenant governor, making the President of the Senate the first officer in the line of succession. At any time he or she is mentally or physically unable to discharge the office, he or she shall notify the secretary of state and the senate president in writing. By notifying the same two officers again, he or she shall resume the office.
The attorney general and a majority of the Executive Council may, when they believe the governor is mentally or physically unfit to serve but is unable or unwilling to take an absence from the office, petition the New Hampshire Supreme Court for a declaratory judgment. The justices of the court shall hear the petition and shall also be in charge of considering a petition to consider declaring the governor able to resume her or his duties.
If, either by written declaration or court judgment, the governor has been absent for six months, the General Court may, by concurrent resolution, declare the office vacant. Similarly, if a governor-elect fails to take office for any reason other than death or resignation, the court may declare the office vacant six months after the inauguration date.
Whatever the reason for the vacancy, if more than one year remains in the current term, a special election shall be held.
After the President of the Senate, the Speaker of the House, the secretary of state and the state treasurer are next in the line of succession.
Whoever is filling the office shall have the title of "acting governor" and shall have the full powers of the office. She or he receives compensation equal to that of an elected governor and takes no additional oath of office. The acting governor does not resign the office she or he was elected to and is instead suspended from those duties while serving as governor.
New Jersey
- See also: Governor of New Jersey
Details of vacancies are addressed under Article V, Section I, paragraph 6.
If the governor's office becomes vacant through resignation, removal, or death, then the lieutenant governor succeeds to the office.
If a governor-elect dies, the lieutenant governor-elect takes office as the governor.
After the lieutenant governor, the President of the New Jersey State Senate, followed by the Speaker of the New Jersey General Assembly, complete the constitutionally prescribed line of succession.
The same line order applies if a governor is absent or temporarily unable to discharge the office, as well as when the governor-elect fails to qualify. In such cases, the acting governor serves until the absence, disqualification, or illness ends. The acting governor shall have all the "functions, powers, duties, and emoluments" of the governor's office.
If the governor has been absent or disqualified for six months, the Supreme Court of New Jersey, upon receipt of a concurrent resolution from the General Assembly, shall declare the office to be vacant.
The office shall be filled by an acting governor if less than one year remains in the current term; otherwise, a special election is called.
New Mexico
- See also: Governor of New Mexico
Details of vacancy appointments are addressed under Article V, Section 7.
If a governor-elect dies, the lieutenant governor-elect shall take office as the governor. However, if a governor-elect fails to qualify, or, for some reason, no one has been elected by Inauguration Day, the lieutenant governor-elect shall take office as acting governor only until a governor does qualify.
The Constitution also allows the legislature to set the procedure for a special election if a governor-elect cannot qualify.
Any temporary or permanent vacancy during a term is filed by the lieutenant governor, who has the full powers, duties, and emoluments of the governor. If the lieutenant governor's office is also vacant, the line of succession is the secretary of state, the President Pro Tem of the New Mexico State Senate, and then the Speaker of the New Mexico House of Representatives.
New York
- See also: Governor of New York
Details of vacancy appointments are addressed under Article IV, Sections 5 and 6.
If a governor-elect declines to accept the office, the lieutenant governor-elect shall take office as the governor and serve the term. If the governor-elect fails to qualify or is temporarily unable to take the oath, the lieutenant governor-elect serves as the acting governor until the elected governor's disability is removed.
The lieutenant governor also ascends to the office whenever there is a temporary or permanent vacancy during a governor's term.
In the event that the governor dies, resigns, or is removed, then the lieutenant governor becomes governor and serves the remainder of the term.
If the governor is absent, impeached, or unable to discharge the office, the lieutenant governor becomes acting governor until the disability is removed or until the term expires.
If both offices are vacant, a special election shall be held at the next general election, provided it is not less than three months from the date both offices became vacant. The office of the lieutenant governor may never be elected without a governor also being elected. If the office of the lieutenant governor alone is vacant, the Senate President Pro Tem serves as the temporary lieutenant governor.
In such an instance, the state Senate President Pro Tem shall serve as a temporary governor, followed by the state Speaker of the Assembly.
North Carolina
- See also: Governor of North Carolina
Details of vacancies are addressed under Article III, Section 3.
The lieutenant Governor-elect takes office as the governor if the governor-elect fails to qualify. The lieutenant governor also takes over as governor any time the sitting governor dies, resigns, or is removed from office.
If the governor is absent or unable to discharge the office due to mental or physical illness, the lieutenant governor becomes the acting governor.
If the governor wishes to declare his or her temporary or permanent inability to discharge the office, he or she does so in writing, making a declaration to the attorney general. The governor may also resume the office by making a similar written declaration to the attorney general.
The General Assembly of North Carolina may take a vote and declare, by a two-thirds majority of both chambers, that the governor is unfit for the office by reason of mental incapacity. The legislature shall then give the governor notice and hear the case before a joint session. When the legislature is in recess, the General Council may convene for the same purpose and follow the same procedure.
Removing the governor from office for any other reason must be done as an impeachment.
North Dakota
- See also: Governor of North Dakota
Details of vacancies are addressed under Article V, Section 11.
The Lieutenant Governor succeeds to the office whenever the office is vacant for any reason.
If the Lieutenant Governor is unable to serve, the Secretary of State serves as Acting Governor until the vacancy is filled or until the governor's disability is removed.
Additionally, under Article V, Section 10, any governor who asks for or accepts any bribe automatically forfeits the office.
Ohio
- See also: Governor of Ohio
Details of vacancy appointments are addressed under Article III, Sections 15, 17, and 22.
If the governor dies, resigns, is removed or is convicted on impeachment, the lieutenant governor succeeds.
The lieutenant governor also serves as the acting governor in the event of any temporary disability of the governor.
After the lieutenant governor, the line of succession goes to the President Pro Tem of the Ohio State Senate and then to the Speaker of the Ohio House of Representatives. Whoever serves as the acting governor has the full duties, powers, and emoluments of the elected governor.
Of the four offices of the governor, lieutenant governor, President Pro Tem of the Senate, and Speaker of the House of Representatives, no person may hold two of them simultaneously or receive the compensation and emoluments of more than one office simultaneously.
If both the offices of the governor and the lieutenant governor are vacant and there are more than 20 months remaining in the current term, a special election for both offices shall be held at the next general election. The highest officer in the line of succession serves as an acting governor until the election.
If a governor-elect is unable to take office, the lieutenant governor-elect takes office and serves as the governor. If the governor-elect is only temporarily unable to take office, the lieutenant governor-elect serves as acting governor until the elected governor's disability is removed.
If, by a joint resolution, the legislature presents the case for the governor's removal on grounds of mental disability to discharge the office, the Supreme Court of Ohio shall have "original, exclusive, and final, jurisdiction" in the case. Within 21 days of receipt of such a resolution, the court shall give notice to the governor, hold a public hearing and render a decision.
If the office is vacated in such a manner, the court also has "original, exclusive, and final, jurisdiction" in choosing the manner of succession to the office.
Oklahoma
- See also: Governor of Oklahoma
Details of vacancy appointments are addressed under Article VI, Sections 15 and 16.
| Partial text of Section 15:
Impeachment, etc., during Vacancy in Governor's Office If, during a vacancy of the office of Governor, the Lieutenant Governor shall be impeached, displaced, resign, die or be absent from the State, or become incapable of performing the duties of the office, the president, pro tempore, of the Senate, shall act as Governor until the vacancy be filled or the disability shall cease; and if the president, pro tempore, of the Senate, for any of the above enumerated causes, shall become incapable of performing the duties pertaining to the office of Governor, the Speaker of the House of Representatives shall act as Governor until the vacancy be filled or the disability shall cease. Further provisions for succession to the office of Governor shall be prescribed by law. |
| Text of Section 16:
Devolution of Powers and Duties of Governor upon Lieutenant Governor In case of impeachment of the Governor, or of his death, failure to qualify, resignation, removal from the State, or inability to discharge the powers and duties of the office, the said office, with its compensation, shall devolve upon the Lieutenant Governor for the residue of the term or until the disability shall be removed. |
Emergency Interim Successor
If, for any reason, the governor is unable to exercise his or her powers and discharge the duties of the office and the Lieutenant Governor, President pro tempore of the Senate, and Speaker of the House are unable to act as governor, then the next official in the line of succession becomes the emergency interim successor. As the emergency interim successor to the governor, the officer may exercise the powers and discharge the duties of the governor until a new governor is elected or until the disability is removed from the governor or higher official. In no event, however, shall the emergency interim successor serve as governor.
An emergency interim successor to the governor may only act after a man-made or natural emergency or disaster has occurred in the United States. The Oklahoma Legislature, by concurrent resolution, may, at any time, terminate the authority of any emergency interim successor to exercise the powers and discharge the duties of the governor.
Oregon
- See also: Governor of Oregon
Details of vacancy appointments are addressed under Article V, Section 8a.
The state of Oregon has no formal office of the lieutenant governor. Instead, the secretary of state serves as the ex officio lieutenant governor and succeeds the governor if the latter dies, resigns, is removed from office, or is unable to discharge the office.
After the secretary of state, the treasurer, the President Pro Tem of the Senate, and then the Speaker of the House shall follow in the line of succession.
An acting governor holds the office until the governor's disability is removed or until the next biennial election, when a special election shall be held. When the treasurer or secretary of state is the acting governor, an appointment is made for someone to fill the office of the treasurer or secretary of state.
An appointed treasurer or secretary of state may not succeed to the elected governorship.
Pennsylvania
- See also: Governor of Pennsylvania
Details of vacancy appointments are addressed under Article IV, Section 13 and 14.
If the office of Governor becomes vacant through death, resignation, or conviction on impeachment, the Lieutenant Governor becomes Governor for the remainder of the term; if the office is only temporarily vacant due to disability of the Governor, the Lieutenant Governor only acts out the duties of Governor.
Should both offices be vacant, the president pro tempore of the Senate becomes Governor. The position of Lieutenant Governor was created in the 1874 state constitution; prior to then, the Speaker of the Senate would act as governor in cases of vacancy.
Rhode Island
- See also: Governor of Rhode Island
Details of vacancy appointments are addressed under Article IX, Sections 9 and 10.
If the office of the governor becomes vacant by reason of death, resignation, impeachment, or inability to serve, the lieutenant governor will fill the office until a governor is qualified to act or until the office is filled at the next election.
If the office of the lieutenant governor is also vacant, the speaker of the house is the next in the line of succession.
South Carolina
- See also: Governor of South Carolina
Details of vacancy appointments are addressed under Article IV, Sections 6 and 7 and under Article IV, Section 11 and 12
If a governor-elect dies or declines to take office, the lieutenant governor-elect shall take office as the governor and serve the full term. If the governor-elect is temporarily unable to take the oath, the lieutenant governor-elect takes office as acting governor only until the governor-elect is able to take the oath.
If the governor-elect and the lieutenant governor-elect are both unable to take office, the gubernatorial powers devolve through the line of succession, subject to the dual-office holding provision of the Constitution.
The lieutenant governor is acting governor and has the powers to act in an emergency in the event of the temporary absence or disability of the governor. The governor declares her or his temporary or permanent disability to discharge the office in writing to the President Pro Tem of the Senate and the Speaker of the House. In the case of a temporary disability, she or he also declares her or his ability to resume the office in the same manner.
If a majority of the officers serving as attorney general, the secretary of state, the comptroller general, and the state treasurer transmit, in writing, a declaration to the Senate President Pro Tem and the Speaker of the House, that the governor is unfit the serve, the Lieutenant Governor shall immediately become the acting governor.
The governor then may declare to the General Assembly that no such inability exists and will resume the office unless a majority of the members of the Assembly transmit their written declaration to the contrary to the President Pro Tem and the Senate. In that case, the Assembly has 21 days, excluding Sundays, to convene and vote on the issue, requiring a two-thirds vote to remove the governor.
The lieutenant governor also becomes the acting governor in the event of the death, resignation, or removal of the governor, and acts as governor during an impeachment until a judgment is rendered in the impeachment trial.
South Dakota
- See also: Governor of South Dakota
Details of vacancy appointments are addressed under Article IV, Section 6.
Any time the Governor dies, resigns, is removed, or convicted, the Lieutenant Governor succeeds to the office with the full powers and duties of the Governor.
If the Governor is absent or unable to discharge the office, the Lieutenant Governor serves as Governor until the disability is removed or for the residue of the term.
In matters of determining that the Governor is continuously absent or unable to discharge for the office, the Supreme Court of South Dakota shall have "original and exclusive jurisdiction."
Tennessee
- See also: Governor of Tennessee
Details of vacancies are addressed under Article III, Section 4 and under Article III, Section 12
When the governorship is vacated less than 18 months into a term, the successor only serves until a special election is held at the next general election. More than 18 months into a term, the successor completes the remainder of the term.
If the elected Governor dies, resigns or is removed, the first person in the line of succession is the Lieutenant Governor of Tennessee, who is also the Speaker of the Senate. The next in line is the Speaker of the House.[4]
Texas
- See also: Governor of Texas
Article 4, Section 16 of the Texas Constitution defines the method by which a vacancy of the Governor's office is filled:
|
(c) In the case of the temporary inability or temporary disqualification of the Governor to serve, the impeachment of the Governor, or the absence of the Governor from the State, the Lieutenant Governor shall exercise the powers and authority appertaining to the office of Governor until the Governor becomes able or qualified to resume serving, is acquitted, or returns to the State. (d) If the Governor refuses to serve or becomes permanently unable to serve, or if the office of Governor becomes vacant, the Lieutenant Governor becomes Governor for the remainder of the term being served by the Governor who refused or became unable to serve or vacated the office. On becoming Governor, the person vacates the office of Lieutenant Governor, and the resulting vacancy in the office of Lieutenant Governor shall be filled in the manner provided by Section 9, Article III, of this Constitution. |
Utah
- See also: Governor of Utah
If the elected Governor dies, resigns, is impeached, is removed, is absent, or is temporarily unable to discharge the office, then the Lieutenant Governor shall become Governor.
Details of vacancies are addressed under Article VII, Section 11:
| If a vacancy in the office of Governor occurs, the Lieutenant Governor shall become Governor, to serve until the first Monday in January of the year following the next regular general election after the vacancy occurs, if the vacancy occurs during the first year of the term of office; or for the remainder of the unexpired term, if the vacancy occurs after the first year of the term of office.[5] |
In the event of simultaneous vacancies in the offices of governor and lieutenant governor, next in the line of succession is the President of the Senate, who, while functioning as Governor, shall have the salary and emoluments of the office.
Vermont
- See also: Governor of Vermont
Details of vacancy appointments are addressed under Chapter II, Section 24
The lieutenant governor becomes governor anytime the elected governor is absent or unable to discharge the office and anytime the office is vacant.
The Vermont General Assembly is constitutionally required to draft laws providing for the line of succession if the lieutenant governor's office is also vacant.
Virginia
- See also: Governor of Virginia
Details of vacancies are addressed under Article V, Section 16. If a Governor-elect dies, resigns, fails to qualify, or cannot take office for any other reason, the Lieutenant Governor-elect takes office as Governor and serves the full term. If the Governor-elect is only temporarily unable to take the oath, the Lieutenant Governor-elect serves as Acting Governor until the disability is removed.
"In the case of the removal of the Governor from office or in the case of his disqualification, death, or resignation, the Lieutenant Governor shall become Governor."
While death and resignation are straightforward, what about disqualification? One option outlined in Section 16 states:
"Whenever the Attorney General, the President pro tempore of the Senate, and the Speaker of the House of Delegates, or a majority of the total membership of the General Assembly, transmit to the Clerk of the Senate and the Clerk of the House of Delegates their written declaration that the Governor is unable to discharge the powers and duties of his office, the Lieutenant Governor shall immediately assume the powers and duties of the office as Acting Governor."
If that were to happen, the governor could still offer a "written declaration that no inability exists" and resume the position unless the Attorney General, the President pro tempore of the Senate and the Speaker of the House of Delegates, or a majority of the total membership of the General Assembly, reply with their own written declaration, reaffirming their beliefs that the governor is unable to discharge the duties of the office. That then sends the issue to the General Assembly to decide.
Also worth noting is that Virginia has a unique process for removing elected officials from office that is akin to a recall, but gives jurisdiction to a circuit court, which would hold a trial. Created in 1975 and modified in 1989, 1993, 2002, and 2011, § 24.2-233 of the Virginia code states:[6]
"Upon petition, a circuit court may remove from office any elected officer or officer who has been appointed to fill an elective office, residing within the jurisdiction of the court."
The petition would require signatures of registered voters equal to ten percent of the total number of votes cast in the last election for the office. The terms of which an official can be removed include neglect of duty, misuse of office, or incompetence in the performance of duties when that neglect of duty, misuse of office, or incompetence in the performance of duties has a material adverse effect upon the conduct of the office, or upon conviction of a drug-related misdemeanor or a misdemeanor involving a "hate crime."[6][7]
At any time, a sitting Governor may transmit a written statement to both the President Pro Tem of the Senate and the Speaker of the House that she is temporarily unable to serve, at which time the Lieutenant Governor becomes Acting Governor. The Governor resumes her duties by making a second written declaration to the same two officers.
If, at the time a vacancy occurs, an emergency prevents the Assembly from convening, the preordained line of succession behind the Governor and the Lieutenant Governor is as follows:
- the Speaker of the House of Delegates
- the Delegate named to act as the Speaker's stead in the Rules of the House of Delegates
- the President Pro Tem of the Senate
- the Majority Leader of the Senate
Such an individual serves as Acting Governor until the General Assembly is able to convene.
The General Assembly also has the discretion to pass a law that waives the eligibility requirements to serve as Governor or Acting Governor. Such a law may only apply in an "emergency or enemy attack upon the soil of Virginia" and only when the Governor or the duly appointed officer has proclaimed an emergency.
Washington
- See also: Governor of Washington
Details of vacancy appointments are addressed under Article III, Section 10 of the state constitution.
Whenever the sitting Governor dies, resigns, is removed or impeached, or is unable to discharge the office, the duties shall devolve upon the Lieutenant Governor. After the Lieutenant Governor, the order of succession is as follows:
- the Secretary of State
- the Treasurer
- the Auditor
- the Attorney General
- the Superintendent of Public Instruction
- the Commissioner of Public Lands
If a Governor-elect dies, resigns, declines to take the office, or is disqualified, the Lieutenant Governor-elect shall take office as the Governor. If the Governor-elect is only temporarily unable to take the oath, the Lieutenant Governor-elect serves as Acting Governor until the disability is removed. If both the Governor-elect and the Lieutenant Governor-elect are unable to take the oath, the same line of succession listed above applies.
If the Governor dies, resigns, is removed or if the Governor's disability is permanent and more than two years remain in the current term, a special election is held at the next general election, unless the next general election is less than 30 days away, in which case the special election is moved to the following general election.
West Virginia
- See also: Governor of West Virginia
Details of vacancy appointments are addressed under Article VII, Section 16.
If a sitting Governor dies, resigns, is removed or impeached, is absent, or is unable to discharge the office, temporarily or permanently, the President of the Senate shall succeed to the office as Acting Governor.
After the President of the Senate, the Speaker of the House of Delegates is the next in line. If the governorship if vacant and neither of the two aforementioned officers is able to serve, a joint session of the legislature shall vote on an Acting Governor.
The Acting Governor only completes the term when less than one year remains; otherwise, a special election is held at the next general election.
Wisconsin
- See also: Governor of Wisconsin
Details of vacancy appointments are addressed under Article V, Sections 7 and 8.
If a sitting governor dies, resigns, or is removed, the lieutenant governor becomes governor for the remainder of the term.
If a sitting governor is absent, unable to discharge the office, or impeached, the lieutenant governor serves as "acting governor" until the elected governor returns, recovers, or the impeachment is vacated. The elected lieutenant governor may serve as acting governor for the remainder of the term.
In either case, if the lieutenant governor is unable or unwilling to serve as acting governor, the secretary of state is next in the line of succession.
Wyoming
- See also: Governor of Wyoming
Details of vacancy appointments are addressed under Article 4, Section 6.
Wyoming has no office of the lieutenant governor; the Secretary of State serves as an ex officio Lieutenant Governor.
If the sitting Governor dies, resigns, is removed or impeached, is absent, or is temporarily or permanently unable to discharge the office, the Secretary of State shall serve as the Acting Governor for the remainder of the term or until the disability or absence ends.
Historical examples of gubernatorial vacancies
Alabama
- 1993: Governor Harold Guy Hunt is removed from office under charges of ethics violations in his second term. Lieutenant Governor James Elisha Folsom Jr. finishes Hunt's term as governor.[8][9]
- 1972: Governor George Corley Wallace is shot and paralyzed in an assassination attempt during a campaign for U.S. President. While being treated in a hospital, his absence from the state for more than 20 days invokes a constitutional amendment that requires his lieutenant governor, Jere Beasley Sr., to serve in his place. Beasley acts as governor for 32 days before Wallace returns to duty. Wallace continues to serve as governor until 1979, and later serves from 1983-1987.[10][11]
- 1967: Governor Lurleen Burns Wallace, wife of George Corley Wallace, dies of cancer a little over a year into her first term. Her lieutenant governor, Albert Preston Brewer, finishes her term as governor.[12][13]
Alaska
- 2009: Governor Sarah Palin resigns 2.5 years into her first term, and Lieutenant Governor Sean Parnell is sworn in.[14]
- 1969: Governor Walter J. Hickel resigns from office after being appointed Secretary of the U.S. Department of the Interior under President Richard Nixon. Secretary of State Keith H. Miller finishes out Hickel's term as governor.[15][16]
Arizona
- 2009: Governor Janet Napolitano resigns from office to take the position as Secretary of the U.S. Department of Homeland Security. Secretary of State Jan Brewer finishes Napolitano's term, and is then elected to office in 2010.[17][18]
Arkansas
- 1996: Governor Jim Guy Tucker, who first becomes governor in 1992 to finish President Bill Clinton's term, resigns from office after being convicted of fraud. Lieutenant Governor Mike Huckabee finishes Tucker's term as governor before being re-elected in 1998.[19][20][21]
California
- 1953: Governor Earl Warren resigns from office to take an appointment to the U.S. Supreme Court by President Dwight D. Eisenhower. Lieutenant Governor Goodwin Jess Knight finishes Warren's term before being re-elected in 1954.[22][23]
- 2003: Governor Gray Davis (D) was recalled and Arnold Schwarzenegger (R) was elected as Davis' replacement.
Colorado
- 1973: Governor John Arthur Love resigns from office to become Director of the Office of Energy Policy for President Richard M. Nixon. Lieutenant Governor John D. Vanderhoof finishes Love's term as governor.[24][25]
Connecticut
- 2004: Governor John G. Rowland resigns from office amidst accusations of ethics violations. Lieutenant Governor Mary Jodi Rell finishes Rowland's term as governor before being re-elected in 2006.[26][27]
Delaware
- 1992: Governor Michael Newbold Castle, seeking to remain in public office but avoid state term limits as governor, resigns from office to take a seat in the U.S. House of Representatives. At the same time, U.S. Rep. Thomas R. Carper is elected to be governor, leading to an essential "swap" in public office positions between the two men. In the three weeks between Castle's resignation and Carper's inauguration, Lieutenant Governor Dale Edward Wolf becomes governor.[28][29][30][31]
Florida
- 1998: Governor Lawton Chiles dies of a heart attack three weeks before the end of his term. Lieutenant Governor Kenneth Hood Mackay Jr. finishes the term as governor.[32][33]
Georgia
- 1947: Governor-elect Eugene Talmadge dies before he can take office. His son and future U.S. Senator, Herman Eugene Talmadge, assumes the governorship in his stead for 67 days before the Georgia Supreme Court rules the unconstitutionality of Herman's election. Under the court's ruling, Lieutenant Governor Melvin Ernest Thompson becomes governor until Herman is officially elected to the position in a state special election a year and a half later.[34][35]
Hawaii
- 1973: Three-term Governor John Anthony Burns falls ill and his lieutenant governor, George Ryoichi Ariyoshi, assumes the role of acting governor. Ariyoshi is elected in 1974 as America's first Japanese-American governor and remains in office until 1986.[36][37][38]
Idaho
- 2006: Governor Dirk Kempthorne resigns to become U.S. Secretary of the Interior. Kempthorne's lieutenant governor, James E. Risch, finishes the last nine months of the term.[39][40]
Illinois
- 2009: Governor Rod R. Blagojevich is impeached and removed from governorship. Lieutenant Governor Pat Quinn is sworn into office, and is then re-elected a year later.[41][42]
Indiana
- 2003: Two-term Indiana Governor Frank L. O'Bannon dies in a hospital several days after having a stroke, and Lieutenant Governor Joseph E. Kernan is sworn in as Indiana's 48th governor.[43]
Iowa
- 1969: Governor Harold Everett Hughes resigns from office to take a position as U.S. Senator. Hughes' lieutenant governor, Robert David Fulton, finishes the remaining year of the term.[44][45]
Kansas
- 2009: Governor Kathleen Sebelius resigns to take a position as Secretary of the U.S. Department of Health and Human Services under President Barack Obama. Lieutenant Governor Mark Parkinson finishes the remaining eight months of the term as governor.[46][47]
Kentucky
- 1950: Governor Earle Chester Clements resigns to take a seat on the U.S. Senate. His lieutenant governor, Lawrence Winchester Wetherby, finishes the remaining year of the term before being re-elected in 1951.[48][49]
- 1862: Governor Beriah Magoffin resigns from office over disagreements with the state's Legislature on the state's position in the Civil War. Lacking a lieutenant governor to replace Magoffin, state Senate President James Fisher Robinson is chosen to assume the duties of governor. Robinson remains in office for a little over a year.[50][51]
Louisiana
- 1939: Governor Richard Webster Leche resigns from office over a scandal. Lieutenant Governor Earl Kemp Long assumes office for the remaining 11 months of the term before failing in a re-election bid. Long eventually serves two separate terms as governor.[52][53]
Minnesota
- 1976: Governor Wendell Richard Anderson causes an outcry by resigning from office and leaving it to Lieutenant Governor Rudolph George Perpich, who, upon becoming governor, appoints Anderson into a vacant U.S. Senate seat the following day.[54][55]
Mississippi
- 1946: Two and a half years into his term, Governor Thomas Lowry Bailey becomes ill and passes away. Lieutenant Governor Fielding Lewis Wright assumes the governor's duties and is subsequently elected in a special election.[56][57]
Missouri
- 2000: Missouri Governor Mel Carnahan, while campaigning for U.S. Senate against John Ashcroft, dies in a plane crash with his son Randy and his campaign advisor Chris Sifford. Lieutenant Governor Roger B. Wilson is sworn in as governor and finishes out the remaining three months of Gov. Carnahan's term.[58][59]
Montana
- 1962: Governor Donald Grant Nutter dies in a plane crash and the office is passed over to Lieutenant Governor Tim M. Babcock.[60][61]
Nebraska
- 2005: Governor Mike Johanns resigns to take the position of U.S. Secretary of Agriculture. Lieutenant Governor Dave Heineman finishes Johanns' term before being re-elected in 2006.[62][63]
Nevada
- 1945: Governor Edward Peter Carville resigns to take a seat as U.S. Senator. Lieutenant Governor Vail Montgomery Pittman assumes the gubernatorial duties before being re-elected in 1946 for a full term.[64][65]
New Hampshire
- 1982: Eight days before the end of his term, Governor Hugh J. Gallen dies of a rare blood infection. During the short period before Governor-elect John Sununu can take office, President of the New Hampshire Senate Vesta Roy serves as acting governor.[66]
New Jersey
- 2002: After Governor Christine Todd Whitman resigns in 2001 to become head of the U.S. Environmental Protection Agency, Senate President Donald T. DiFrancesco is named acting governor. However, in early 2002, with the change of the Senate, DiFrancesco's term ends several days short of the appointment of Governor-elect James E. McGreevey. For a period of several days, Co-Senate Presidents Richard J. Codey and John O. Bennett share the duty of acting governor.[67][68][69]
New Mexico
- 1962: Governor Edwin Leard Mechem resigns to take a seat on the U.S. Senate. Lieutenant Governor Thomas Felix Bolack finishes the last month of Mechem's term.[70][71]
New York
- 2008: Governor Eliot Spitzer resigns amidst personal scandal, and Lieutenant Governor David Paterson completes the remainder of the term.[72][73]
North Carolina
- 1954: Governor William Bradley Umstead contracts pneumonia and dies in office. Lieutenant Governor Luther Hartwell Hodges finishes the remainder of the term and is then re-elected in 1956.[74][75]
North Dakota
- 2010: Governor John Hoeven resigns after 10 years in office to take a seat in the U.S. Senate. Lieutenant Governor Jack Dalrymple is sworn in Hoeven's place.[76][77]
Ohio
- 1998: Governor George V. Voinovich resigns 11 days short of the end of his term to take a seat in the U.S. Senate. Lieutenant Governor Nancy P. Hollister finishes the short term as Ohio's first female governor.[78][79]
Oklahoma
- 1963: Governor J. Howard Edmondson resigns several days short of the end of his term to take a seat on the U.S. Senate. Lieutenant Governor George Patterson Nigh fills the role for the term before Governor-elect Henry Louis Bellmon can take office. Nigh continues his duties as lieutenant governor until finally winning the governorship in 1978.[80]
Oregon
- See also: Governor of Oregon
There have been five governors in the state's history who resigned prior to the conclusion of their terms. The most recent case of John Kitzhaber, who resigned due to an ethics and criminal investigation concerning conflicts of interest related to his fiancee and advisor Cylvia Hayes, was the first gubernatorial resignation in Oregon since 1952. The following table details these governors and their reasons for leaving office:[81]
| Gubernatorial resignations in Oregon history | ||||||
|---|---|---|---|---|---|---|
| Governor | Party | End of last term | Resignation year | Reason | ||
| Lafayette Grover |  Democratic |
1879 | 1877 | Appointment to U.S. Senate | ||
| George Earle Chamberlain | Democratic |
1911 | 1909 | Appointment to U.S. Senate | ||
| Frank Benson |  Republican |
1911 | 1910 | Illness | ||
| James Douglas McKay | Republican |
1953 | 1952 | Federal appointment | ||
| John Kitzhaber | Democratic |
2019 | 2015 | Ethics and criminal investigation | ||
On February 13, 2015, John Kitzhaber (D), who began serving a second consecutive term earlier in 2015, announced his resignation, effective February 18. Kitzhaber, who had faced potential recall efforts, is embroiled in an investigation by the attorney general's office into ethics violations. These alleged violations are related to the governor's fiancee, Cylvia Hayes, who served as a political advisor to Kitzhaber and a consultant with several firms advocating for economic policies.[82] To learn more, check out our dedicated page to the story.
Pennsylvania
- 2001: In response to the attacks on September 11, Governor Tom Ridge resigns to become head of the nation's new Office of Homeland Security. Lieutenant Governor Mark Schweiker finishes the remainder of Ridge's term as governor.[83][84]
Rhode Island
- 1950: Governor John Orlando Pastore, who had first assumed office upon the resignation of Governor James McGrath to become U.S. Solicitor General in 1945, resigns several days short of his term to become a U.S. Senator. Lieutenant Governor John Sammon McKiernan acts as caretaker governor until Governor-elect Dennis Joseph Roberts is inaugurated.[85][86]
South Carolina
- 1965: Governor Donald Stuart Russell is appointed to the U.S. Senate upon the death of U.S. Senator Olin Johnston. Lieutenant Governor Robert Evander McNair takes Russell's position, and in 1966 is re-elected as governor.[87][88]
South Dakota
- 1994: Governor George S. Mickelson dies in a plane crash while on a trip to promote economic development during his second term in office. Lieutenant Governor Walter D. Miller finishes out the remaining year and a half of Mickelson's term.[89][90][91]
Tennessee
- 1927: Governor Austin Peay III dies of a cerebral hemorrhage early into his third two-year term. Speaker of the Senate Henry Hollis Horton is selected to replace Peay, before being re-elected to the governorship in 1928 and 1930.[92][93]
Texas
- 2000: Governor George W. Bush, having been elected President of the United States, resigns from office. Lieutenant Governor Rick Perry finishes Bush's term before being re-elected in 2002, 2006 and 2010.[94][95]
Utah
- 2009: Utah Governor Jon Huntsman Jr. resigns less than a year after winning his re-election to take the position of U.S Ambassador to China. Lieutenant Governor Gary R. Herbert takes Huntsman's position.[96][97]
Vermont
- 1991: Eight months into his fifth term as governor, Richard A. Snelling dies in office. Lieutenant Governor Howard Dean finishes Snelling's term and is re-elected in 1992, 1994, 1996, 1998 and 2000.[98][99]
Virginia
- 1869: Henry Horatio Wells is appointed provisional governor at the end of the Civil War. After failing in a bid to be re-elected, he resigns three months early. Governor-elect Gilbert Carlton Walker starts three months early as provisional governor in Wells' stead.[100][101]
Washington
- 1919: Governor Ernest Lister becomes ill during his second term and hands the office over to his lieutenant governor, Louis Folwell Hart. Hart wins re-election in 1920.[102][103]
West Virginia
- 2010: Governor Joe Manchin resigns after winning a special election for the U.S. Senate seat held by the late Robert C. Byrd. Lieutenant Governor Earl Ray Tomblin then takes Manchin's position.[104][105]
Wisconsin
- 2001: Governor Tommy G. Thompson resigns after being appointed Secretary of the U.S. Department of Health and Human Services by President George W. Bush. Lieutenant Governor Scott McCallum becomes governor, but fails in a re-election bid later that year to Governor Jim Doyle.[106][107]
Wyoming
- 1931: Governor Frank Collins Emerson dies two months into his second term, and is replaced by Secretary of State Alonzo M. Clark. Clark loses the following gubernatorial election and resumes his position as Secretary of State.[108][109]
Footnotes
- ↑ Beginning in 2026, voters will elect a lieutenant governor, who would be elected on a joint ticket with the governor, and who would succeed the governor in case of a vacancy.
- ↑ Beginning in 2026, Arizona voters will elect a lieutenant governor who would be first to succeed the governor in case of a vacancy.
- ↑ Beginning in 2026, if a vacancy in the office of governor occurs with or during a vacancy in the office of lieutenant governor, the secretary of state shall succeed to the office of governor.
- ↑ Lexis-Nexis, "Tenn. Code Ann. § 8-2-101," accessed January 18, 2021
- ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedconstitution - ↑ 6.0 6.1 Code of Virginia, "§ 24.2-233 Removal of elected and certain appointed officers by courts," accessed February 7, 2018
- ↑ National Conference of State Legislatures, Recall of State Officials, accessed July 16, 2013
- ↑ National Governors Association, "Alaska Governor Harold Guy Hunt," accessed February 12, 2015
- ↑ National Governors Association, "Alabama Governor James Elisha Folsom Jr," accessed February 12, 2015
- ↑ National Governors Association, "Alabama Governor George Corley Wallace," accessed February 12, 2015
- ↑ Encyclopedia of Alabama, "Jere Beasley Sr. (1972)," accessed February 12, 2015
- ↑ National Governors Association, "Alabama Governor Lurleen Burns Wallace," accessed February 12, 2015
- ↑ National Governors Association, "Alabama Governor Albert Preston Brewer," accessed February 12, 2015
- ↑ National Governors Association, "Alaska Governor Sean Parnell," accessed February 12, 2015
- ↑ National Governors Association, "Alaska Governor Walter J. Hickel," accessed February 12, 2015
- ↑ National Governors Association, "Alaska Governor Walter J. Hickel," accessed February 12, 2015
- ↑ National Governors Association, "Arizona Governor Janet Napolitano," accessed February 12, 2015
- ↑ National Governors Association, "Arizona Governor Jan Brewer," accessed February 12, 2015
- ↑ National Governors Association, "Arkansas Governor Jim Guy Tucker," accessed February 12, 2015
- ↑ National Governors Association, "Arkansas Governor Mike Huckabee," accessed February 12, 2015
- ↑ Chicago Tribune, "Fox Contributor," June 12, 2008
- ↑ National Governors Association, "California Governor Earl Warren," accessed February 12, 2015
- ↑ National Governors Association, "California Governor Goodwin Jess Knight," accessed February 12, 2015
- ↑ National Governors Association, "Colorado Governor John Arthur Love," accessed February 12, 2015
- ↑ National Governors Association, "Colorado Governor John D. Vanderhoof," accessed February 12, 2015
- ↑ National Governors Association, "Connecticut Governor John G. Rowland," accessed February 12, 2015
- ↑ National Governors Association, "Connecticut Governor M. Jodi Rell," accessed February 12, 2015
- ↑ National Governors Association, "Delaware Governor Michael Newbold Castle," accessed February 12, 2015
- ↑ National Governors Association, "Delaware Governor Dale Edward Wolf," accessed February 12, 2015
- ↑ National Governors Association, "Delaware Governor Thomas R. Carper," accessed February 12, 2015
- ↑ The News, "Delaware congressman, governor want to swap jobs," July 6, 1992
- ↑ National Governors Association, "Florida Governor Lawton Chiles," accessed February 12, 2015
- ↑ National Governors Association, "Florida Governor Kenneth Hood Mackay Jr," accessed February 12, 2015
- ↑ National Governors Association, "Georgia Governor Herman Eugene Talmadge," accessed February 12, 2015
- ↑ National Governors Association, "Georgia Governor Melvin Ernest Thompson," accessed February 12, 2015
- ↑ National Governors Association, "Hawaii Governor John Anthony Burns," accessed February 12, 2015
- ↑ National Governors Association, "Hawaii Governor George Ryoichi Ariyoshi," accessed February 12, 2015
- ↑ The Lewiston Daily Sun, "1st Governor of Japanese Ancestry Gets Big Chance," April 4, 1974
- ↑ National Governors Association, "Idaho Governor Dirk Kempthorne," accessed February 12, 2015
- ↑ National Governors Association, "Idaho Governor James E. Risch," accessed February 12, 2015
- ↑ National Governors Association, "Illinois Governor Rod R. Blagojevich," accessed February 12, 2015
- ↑ National Governors Association, "Illinois Governor Pat Quinn," accessed February 12, 2015
- ↑ The New York Times, "Indiana Governor's Death Leaves Ally in Command," September 14, 2003
- ↑ National Governors Association, "Iowa Governor Harold Everett Hughes," accessed February 12, 2015
- ↑ National Governors Association, "Iowa Governor Robert David Fulton," accessed February 12, 2015
- ↑ National Governors Association, "Kansas Governor Kathleen Sebelius," accessed February 12, 2015
- ↑ National Governors Association, "Kansas Governor Mark Parkinson," accessed February 12, 2015
- ↑ National Governors Association, "Kentucky Governor Earle Chester Clements," accessed February 12, 2015
- ↑ National Governors Association, "Kentucky Governor Lawrence Winchester Wetherby," accessed February 12, 2015
- ↑ National Governors Association, "Kentucky Governor Beriah Magoffin," accessed February 12, 2015
- ↑ National Governors Association, "Kentucky Governor James Fisher Robinson," accessed February 12, 2015
- ↑ National Governors Association, "Louisiana Governor Richard Webster Leche," accessed February 12, 2015
- ↑ National Governors Association, "Louisiana Governor Earl Kemp Long," accessed February 12, 2015
- ↑ National Governors Association, "Minnesota Governor Wendell Richard Anderson," accessed February 12, 2015
- ↑ National Governors Association, "Minnesota Governor Rudolph George Perpich," accessed February 12, 2015
- ↑ National Governors Association, "Mississippi Governor Thomas Lowry Bailey," accessed February 12, 2015
- ↑ National Governors Association, "Mississippi Governor Fielding Lewis Wright," accessed February 12, 2015
- ↑ Missouri State Treasurer, "Mel Carnahan 40th State Treasurer: 1981-1985," accessed February 12, 2015
- ↑ National Governors Association, "Missouri Governor Roger B. Wilson," accessed February 12, 2015
- ↑ National Governors Association, "Montana Governor Donald Grant Nutter," accessed February 12, 2015
- ↑ National Governors Association, "Montana Governor Tim M. Babcock," accessed February 12, 2015
- ↑ National Governors Association, "Nebraska Governor Mike Johanns," accessed February 12, 2015
- ↑ National Governors Association, "Nebraska Governor Dave Heineman," accessed February 12, 2015
- ↑ National Governors Association, "Nevada Governor Edward Peter Carville," accessed February 12, 2015
- ↑ National Governors Association, "Nevada Governor Vail Montgomery Pittman," accessed February 12, 2015
- ↑ National Governors Association, "New Hampshire Governor Hugh J. Gallen," accessed February 12, 2015
- ↑ National Governors Association, "New Jersey Governor Donald T. DiFrancesco," accessed February 12, 2015
- ↑ National Governors Association, "New Jersey Governor Richard J. Codey," accessed February 12, 2015
- ↑ National Governors Association, "New Jersey Governor John O. Bennett," accessed February 12, 2015
- ↑ National Governors Association, "New Mexico Governor Edwin Leard Mechem," accessed February 12, 2015
- ↑ National Governors Association, "New Mexico Governor Thomas Felix Bolack," accessed February 12, 2015
- ↑ National Governors Association, "New York Governor Eliot Spitzer," accessed February 12, 2015
- ↑ National Governors Association, "New York Governor David A. Paterson," accessed February 12, 2015
- ↑ National Governors Association, "North Carolina Governor William Bradley Umstead," accessed February 12, 2015
- ↑ National Governors Association, "North Carolina Governor Luther Hartwell Hodges," accessed February 12, 2015
- ↑ National Governors Association, "North Dakota Governor John Hoeven," accessed February 12, 2015
- ↑ National Governors Association, "North Dakota Governor Jack Dalrymple," accessed February 12, 2015
- ↑ National Governors Association, "Ohio Governor George V. Voinovich," accessed February 12, 2015
- ↑ National Governors Association, "Ohio Governor Nancy P. Hollister," accessed February 12, 2015
- ↑ National Governors Association, "Oklahoma Governor George Patterson Nigh," accessed February 12, 2015
- ↑ National Governors Association, "Oregon: Past Governors Bios," accessed February 11, 2015
- ↑ The New York Times, "Oregon Bedfellows Make for Strange Politics," February 11, 2015
- ↑ National Governors Association, "Pennsylvania Governor Tom Ridge," accessed February 12, 2015
- ↑ National Governors Association, "Pennsylvania Governor Mark Schweiker," accessed February 12, 2015
- ↑ National Governors Association, "Rhode Island Governor John Orlando Pastore," accessed February 12, 2015
- ↑ National Governors Association, "Rhode Island Governor John Sammon McKiernan," accessed February 12, 2015
- ↑ National Governors Association, "South Carolina Governor Donald Stuart Russell," accessed February 12, 2015
- ↑ National Governors Association, "South Carolina Governor Robert Evander McNair," accessed February 12, 2015
- ↑ The New York Times, "Crash Kills George S. Mickelson; South Dakota's Governor Was 52," April 20, 1993
- ↑ National Governors Association, "South Dakota Governor George S. Mickelson," accessed February 12, 2015
- ↑ National Governors Association, "South Dakota Governor Walter D. Miller," accessed February 12, 2015
- ↑ National Governors Association, "Tennessee Governor Austin Peay III," accessed February 12, 2015
- ↑ National Governors Association, "Tennessee Governor Henry Hollis Horton," accessed February 12, 2015
- ↑ National Governors Association, "Texas Governor George W. Bush," accessed February 12, 2015
- ↑ National Governors Association, "Texas Governor Rick Perry," accessed February 12, 2015
- ↑ National Governors Association, "Utah Governor Jon Huntsman Jr," accessed February 12, 2015
- ↑ National Governors Association, "Utah Governor Gary Richard Herbert," accessed February 12, 2015
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- ↑ National Governors Association, "Vermont Governor Howard Dean M.D.," accessed February 12, 2015
- ↑ National Governors Association, "Virginia Governor Henry Horatio Wells," accessed February 12, 2015
- ↑ National Governors Association, "Virginia Governor Gilbert Carlton Walker," accessed February 12, 2015
- ↑ National Governors Association, "Washington Governor Ernest Lister," accessed February 12, 2015
- ↑ National Governors Association, "Washington Governor Louis Folwell Hart," accessed February 12, 2015
- ↑ National Governors Association, "West Virginia Governor Joe Manchin III," accessed February 12, 2015
- ↑ National Governors Association, "West Virginia Governor Earl Ray Tomblin," accessed February 12, 2015
- ↑ National Governors Association, "Wisconsin Governor Tommy G. Thompson," accessed February 12, 2015
- ↑ National Governors Association, "Wisconsin Governor Scott McCallum," accessed February 12, 2015
- ↑ National Governors Association, "Wyoming Governor Frank Collins Emerson," accessed February 12, 2015
- ↑ National Governors Association, "Wyoming Governor Alonzo M. Clark," accessed February 12, 2015
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