Tennessee Constitutional Amendment 2, Acting Governor Amendment (2022)

Tennessee Constitutional Amendment 2
Election date November 8, 2022
Topic State executive official measures
Status a Approved
Type Constitutional amendment	Origin State legislature

Tennessee Constitutional Amendment 2, the Acting Governor Amendment, was on the ballot in Tennessee as a legislatively referred constitutional amendment on November 8, 2022.

A "yes" vote supported amending the state constitution to provide a process, along with a line of succession, for an acting governor when the governor is unable to perform the office's powers and duties.

A "no" vote opposed this amendment that provides a process, along with a line of succession, for an acting governor when the governor is unable to perform the office's powers and duties.

Election results

Tennessee Amendment 2
Result		Votes	Percentage
Yes		1,176,297	74.62%
No		400,109	25.38%

Results are officially certified.

Source

Overview

What did the amendment do?

See also: Measure design

Constitutional Amendment 2 provided for an acting governor when the elected governor is unable to fulfill the duties of the office. The ballot measure was designed to allow the governor to provide a written, signed declaration to the speaker of the Senate, speaker of the House, and secretary of state saying that they are unable to perform the powers and duties of the office. The speaker of the Senate, who also serves as the Lieutenant Governor of Tennessee, would serve as acting governor. The acting governor would perform the duties of the office until the governor provides a written, signed declaration saying they can perform the office's powers and duties again. The ballot measure also allowed a majority of the commissioners of administrative departments of the Executive Department to submit a written, signed declaration stating that the governor is unable to perform their powers and duties, thereby allowing for an acting governor until the governor provides a written, signed declaration saying they can perform the office's powers and duties.

Did other state constitutions provide for an acting governor?

See also: State constitutional provisions regarding temporary acting governors

Going into the election, every state except for Tennessee provided for a temporary acting governor in their state constitution. Click here to read more about how each state transfers power when a governor is unable to fulfill the duties of their office.

How did the amendment get on the ballot?

See also: Path to the ballot

In Tennessee, a constitutional amendment requires a vote in each chamber of the Tennessee State Legislature in two successive legislative sessions with an election in between. However, there are two different vote requirements depending on the session. During the first legislative session, the constitutional amendment needs to receive a simple majority (50%+1) vote in each legislative chamber. During the second legislative session, the constitutional amendment needs to receive a two-thirds (66.67%) vote in each legislative chamber.

During the 111th Tennessee General Assembly, which was seated in 2019 and 2020, the amendment passed the state Senate with 32 members voting for it and one member not voting. It passed the state House with 92 members supporting the amendment, two members opposing the amendment—Representatives David Hawk (R) and Bob Freeman (D), and two members not voting.

During the 112th Tennessee General Assembly, the amendment passed the state Senate again with 32 members voting for it and one member not voting. It unanimously passed the House.

Measure design

See also: Text of measure

The ballot measure allowed the governor to provide a written, signed declaration to the speaker of the Senate, speaker of the House, and secretary of state saying that they are unable to perform the powers and duties of the office. The speaker of the Senate, who also serves as the Lieutenant Governor of Tennessee, would serve as acting governor. If the office of the speaker of the Senate is vacant, the speaker of the House would be next in line to assume the office. The acting governor would perform the duties of the office until the governor provides a written, signed declaration saying they can perform the office's powers and duties again. The ballot measure was also designed to allow a majority of the commissioners of administrative departments of the Executive Department to submit a written, signed declaration stating that the governor is unable to perform their powers and duties, thereby allowing for an acting governor until the governor provides a written, signed declaration saying they can perform the office's powers and duties.

The amendment allowed the speaker of the Senate or House to continue serving in that position while also serving as acting governor, but it prohibits the speaker from receiving the governor's salary, presiding as the speaker, or voting in the Tennessee General Assembly while serving as acting governor.

Going into the election, the Tennessee Constitution provided that if the governor dies or resigns the speaker of the Senate assumes the duties of governor. If the speaker of the Senate died or resigned, the next in line for the governorship was the speaker of the House of Representatives.

Text of measure

Ballot title

The official ballot title was as follows:

“

Shall Article III, Section 12 of the Constitution of Tennessee be amended by adding the following language immediately following the current language in the Section? Whenever the Governor transmits to the Secretary of State, the Speaker of the Senate, and the Speaker of the House of Representatives, a written, signed declaration that the Governor is unable to discharge the powers and duties of the office, the powers and duties of the office of Governor shall be temporarily discharged by the Speaker of the Senate as Acting Governor, or if that office is unoccupied, then by the Speaker of the House of Representatives as Acting Governor, until the Governor transmits to the same officials a written, signed declaration that the Governor is able to discharge the powers and duties of the office. Whenever a majority of the commissioners of administrative departments of the Executive Department transmits to the Secretary of State, the Speaker of the Senate, and the Speaker of the House of Representatives their written, signed declaration that the Governor is unable to discharge the powers and duties of the office, the Speaker of the Senate shall immediately assume the powers and duties of the office as Acting Governor, or if that office is unoccupied, then the Speaker of the House of Representatives shall immediately assume the powers and duties of the office as Acting Governor, until the Governor transmits to the same officials a written, signed declaration that the Governor is able to discharge the powers and duties of the office. Whenever a Speaker is temporarily discharging the powers and duties of the office of Governor as Acting Governor, such Speaker shall not be required to resign the Speaker’s position as the Speaker or to resign as a member of the general assembly and shall retain the Speaker’s salary and not receive the Governor’s salary, but such Speaker shall not preside as Speaker or vote as a member of the general assembly during the time the Speaker is Acting Governor. and Shall Article III, Section 13 of the Constitution of Tennessee be amended by adding the following language immediately before the period at the end of the Section? except as provided in Article III, Section 12 with regard to the Speaker of the Senate or the Speaker of the House of Representatives temporarily discharging the powers and duties of the office of Governor as Acting Governor and Shall Article II, Section 26 of the Constitution of Tennessee be amended by adding the following language at the end of the Section? This section shall not apply with regard to the Speaker of the Senate or the Speaker of the House of Representatives temporarily discharging the powers and duties of the office of Governor as Acting Governor under Article III, Section 12.

”

Ballot summary

The official ballot summary was as follows:

“

This amendment would add to article III, section 12 of the Tennessee Constitution a process for the temporary exercise of the powers and duties of the governor by the Speaker of the Senate—or the Speaker of the House if there is no Speaker of the Senate in office—when the governor is unable to discharge the powers and duties of the office of governor. While a Speaker is temporarily discharging the powers and duties of the governor, the Speaker would not be required to resign as Speaker or to resign as a member of the legislature; but the Speaker would not be able to preside as Speaker or vote as a member of the legislature. A Speaker who is temporarily discharging the powers and duties of the governor would not get the governor’s salary but would get the Speaker’s salary. The amendment would also exempt a Speaker who is temporarily discharging the powers and duties of the governor from provisions in the Constitution that would otherwise prohibit the Speaker from exercising the powers of the governor and from simultaneously holding more than one state office.

”

Constitutional changes

See also: Article III, Tennessee Constitution

The measure amended Sections 12 and 13 of Article III and Section 26 of Article II of the Tennessee Constitution. The following underlined text was added:

Note: Use your mouse to scroll over the text below to see the full text.

Article III

Text of Section 12:

In case of the removal of the governor from office, or of his death, or resignation, the powers and duties of the office shall devolve on the speaker of the Senate; and in case of the death, removal from office, or resignation of the speaker of the Senate, the powers and duties of the office shall devolve on the speaker of the House of Representatives.

Whenever the Governor transmits to the Secretary of State, the Speaker of the Senate, and the Speaker of the House of Representatives, a written, signed declaration that the Governor is unable to discharge the powers and duties of the office, the powers and duties of the office of Governor shall be temporarily discharged by the Speaker of the Senate as Acting Governor, or if that office is unoccupied, then by the Speaker of the House of Representatives as Acting Governor, until the Governor transmits to the same officials a written, signed declaration that the Governor is able to discharge the powers and duties of the office.

Whenever a majority of the commissioners of administrative departments of the Executive Department transmits to the Secretary of State, the Speaker of the Senate, and the Speaker of the House of Representatives their written, signed declaration that the Governor is unable to discharge the powers and duties of the office, the Speaker of the Senate shall immediately assume the powers and duties of the office as Acting Governor, or if that office is unoccupied, then the Speaker of the House of Representatives shall immediately assume the powers and duties of the office as Acting Governor, until the Governor transmits to the same officials a written, signed declaration that the Governor is able to discharge the powers and duties of the office.

Whenever a Speaker is temporarily discharging the powers and duties of the office of Governor as Acting Governor, such Speaker shall not be required to resign the Speaker’s position as the Speaker or to resign as a member of the general assembly and shall retain the Speaker's salary and not receive the Governor's salary, but such Speaker shall not preside as Speaker or vote as a member of the general assembly during the time the Speaker is Acting Governor.

Text of Section 13:

No member of Congress, or person holding any office under the United States, or this state, shall execute the office of governor except as provided in Article III, Section 12 with regard to the Speaker of the Senate or the Speaker of the House of Representatives temporarily discharging the powers and duties of the office of Governor as Acting Governor.

Article II

Text of Section 26:

No judge of any court of law or equity, secretary of state, attorney general, register, clerk of any Court of Record, or person holding any office under the authority of the United States, shall have a seat in the General Assembly; nor shall any person in this state hold more than one lucrative office at the same time; provided, that no appointment in the Militia, or to the Office of Justice of the Peace, shall be considered a lucrative office, or operative as a disqualification to a seat in either House of the General Assembly.

This section shall not apply with regard to the Speaker of the Senate or the Speaker of the House of Representatives temporarily discharging the powers and duties of the office of Governor as Acting Governor under Article III, Section 12.

Readability score

See also: Ballot measure readability scores, 2022

Using the Flesch-Kincaid Grade Level (FKGL) and Flesch Reading Ease (FRE) formulas, Ballotpedia scored the readability of the ballot title and summary 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 23, and the FRE is 13. The word count for the ballot title is 456.

The FKGL for the ballot summary is grade level 18, and the FRE is 29. The word count for the ballot summary is 185.

Support

Supporters

Officials

• State Sen. Becky Duncan Massey (R)
• William Lamberth (R) -

Arguments

• Sen. Becky Massey (R): "In the unusual event the state’s highest elected official is temporarily unable to meet the needs of the office, it is important for the stability of our state that Tennessee’s constitution lays out a clear path for the transfer of power. It is good practice to plan for all scenarios. I hope we never need to invoke this provision, but if it is ever needed, it will be really needed."
• Rep. William Lamberth (R): “We certainly hope this is something we will never need, but it’s necessary to have a plan in place that secures our democracy in such a crisis. Voting 'yes' on Amendment 2 will strengthen our constitution and our state government by ensuring there is no extended period in Tennessee where it’s unclear how executive powers are to be carried out.”

Opposition

If you are aware of any opponents or opposing arguments, please send an email with a link to [email protected].

Campaign finance

See also: Campaign finance requirements for Tennessee ballot measures

If you are aware of a committee registered to support or oppose this amendment, please email [email protected].

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	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

Background

Line of succession for the Tennessee Governor

See also: How gubernatorial vacancies are filled

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.

Temporary acting governor

Going to the election, Tennessee was the sole state that didn't provide for a temporary acting governor in its state constitution. 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.

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.

State constitutional provisions regarding temporary acting governors

Going into the election, every state except for Tennessee provided for a temporary acting governor in their state constitution. The other 49 states provided for a temporary acting governor in their state constitutions. Click on the state to read the constitutional provision governing the transfer of power:

• Alabama
• Alaska
• Arizona
• Arkansas
• California
• Colorado
• Connecticut
• Delaware
• Florida
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Iowa
• Louisiana
• Kansas
• Kentucky
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Mississippi
• Missouri
• Montana
• Nebraska
• Nevada
• New Hampshire
• New Jersey
• New Mexico
• New York
• North Carolina
• North Dakota
• Ohio
• Oklahoma
• Oregon
• Pennsylvania
• Rhode Island
• South Carolina
• South Dakota
• Texas
• Utah
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Wyoming

Path to the ballot

See also: Amending the Tennessee Constitution

In Tennessee, a constitutional amendment requires a vote in each chamber of the Tennessee State Legislature in two successive legislative sessions with an election in between. However, there are two different vote requirements depending on the session. During the first legislative session, the constitutional amendment needs to receive a simple majority (50%+1) vote in each legislative chamber. During the second legislative session, the constitutional amendment needs to receive a two-thirds vote in each legislative chamber.

111th General Assembly

The 111th Tennessee General Assembly was seated in 2019 and 2020. Sen. Becky Duncan Massey (R-6) introduced the constitutional amendment into the legislature as Senate Joint Resolution 154 (SJR 154) on February 5, 2019.

On April 18, 2019, the state Senate approved SJR 154, with 32 senators supporting the amendment and one senator not voting.

On May 2, 2019, the state House approved SJR 154, with 92 members supporting the amendment, two members opposing the amendment—Representatives David Hawk (R) and Bob Freeman (D), and two members not voting.

Vote in the Tennessee State Senate April 18, 2019
Requirement: Approval in two legislative sessions is required; a simple majority vote of all members in each chamber in the first and a two-thirds (66.67 percent) vote of all members in each chamber in the second
Number of yes votes required: 17  a
	Yes	No	Not voting
Total	32	0	1
Total percent	96.97%	0.00%	3.03%
Democrat	5	0	0
Republican	26	0	1
Independent	1	0	0

Vote in the Tennessee House of Representatives April 18, 2019
Requirement: Approval in two legislative sessions is required; a simple majority vote of all members in each chamber in the first and a two-thirds (66.67 percent) vote of all members in each chamber in the second
Number of yes votes required: 50  a
	Yes	No	Not voting
Total	92	2	2
Total percent	95.84%	2.08%	2.08%
Democrat	25	1	1
Republican	67	1	1

112th General Assembly

As the constitutional amendment was approved as SJR 154 in 2019, the 112th Tennessee General Assembly needed to approve the amendment for the measure to appear on the ballot.

The amendment was introduced as Senate Joint Resolution 10 (SJR 10) during the 2021 legislative session on January 12, 2021. The Senate passed SJR 10 on March 4, 2021, in a vote of 32-0, with one not voting. The House passed SJR 10 with non-substantive amendments to the resolving clause on May 3, 2021, in a vote of 91-0. On May 4, the Senate concurred with the amendments in a vote of 29-0.

Vote in the Tennessee House of Representatives May 3, 2021
Requirement: Approval in two legislative sessions is required; a simple majority vote of all members in each chamber in the first and a two-thirds (66.67 percent) vote of all members in each chamber in the second
Number of yes votes required: 66  a
	Yes	No	Not voting
Total	91	0	0
Total percent	100.00%	0.00%	0.00%
Democrat	23	0	0
Republican	68	0	0

Vote in the Tennessee State Senate May 4, 2021
Requirement: Approval in two legislative sessions is required; a simple majority vote of all members in each chamber in the first and a two-thirds (66.67 percent) vote of all members in each chamber in the second
Number of yes votes required: 22  a
	Yes	No	Not voting
Total	29	0	0
Total percent	100.00%	0.00%	0.00%
Democrat	5	0	0
Republican	24	0	0

How to cast a vote

See also: Voting in Tennessee

Click "Show" to learn more about voter registration, identification requirements, and poll times in Tennessee.

How to cast a vote in Tennessee

Poll times Each county election commission must determine the opening time for polling places in the county at least 15 days before an election, with certain requirements based on county population. All polling places close at 7 p.m. CST (8 p.m. EST). The polls must be open for a minimum of 10 consecutive hours, but not more than 13 hours. An individual who is in line at the time polls close must be allowed to vote. Registration Check your voter registration status here. To register to vote in Tennessee, an applicant must be a citizen of the United States, a resident of Tennessee, and at least 18 years old by the day of the next election. Prospective voters can register online, by mailing a voter registration application to the county election commission, or in person at a variety of locations including the county clerk’s office, the county election commission office, public libraries, and numerous state agencies. Registration must be completed 30 days before an election. Automatic registration Tennessee does not practice automatic voter registration. Online registration See also: Online voter registration Tennessee has implemented an online voter registration system. Residents can register to vote by visiting this website. Same-day registration Tennessee does not allow same-day voter registration. Residency requirements To register to vote in Tennessee, you must be a resident of the state. Verification of citizenship See also: Laws permitting noncitizens to vote in the United States Tennessee does not require proof of citizenship for voter registration. An individual must attest that they are a U.S. citizen when registering to vote. According to the state's voter registration application, providing false information on an application "is a felony punishable by not less than two (2) years nor more than twelve (12) years imprisonment or a fine of $5,000 or both." Tennessee law requires election officials to conduct check of voter registration applicants' citizenship status. Section 2-2-141 of the Tennessee Code states the following: “ ‘’’2-2-141. Proof of citizenship for registering to vote.’’’ (a) The coordinator of elections shall compare the statewide voter registration database with the department of safety database to ensure non-United States citizens are not registered to vote in this state. The coordinator of elections is authorized to compare the statewide voter registration database with relevant federal and state agencies and county records for the same purpose. If evidence exists that a particular registered voter is not a citizen of the United States, the coordinator of elections shall notify the county election commission where the person registered to vote that the registered voter may not be a citizen of the United States. (b) After receiving such notice, the county election commission shall send a notice to the registered voter inquiring whether the individual is eligible to be registered to vote. Any registered voter who receives the notice shall, within thirty (30) days of the receipt of such notice, provide proof of citizenship to the county election commission. ” —Tenn. Code Ann. § 2-2-141 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. Nine states — Alabama, Arizona, Georgia, Indiana, 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 Tennessee secretary of state’s office allows residents to check their voter registration status online by visiting this website. Voter ID requirements Tennessee requires voters to present photo identification while voting. Voters can present the following forms of identification: Tennessee driver’s license with photo United States passport Photo ID issued by the Tennessee Department of Safety and Homeland Security Photo ID issued by the federal or Tennessee state government United States Military photo ID Tennessee handgun carry permit with photo The following voters are exempt from the photo ID requirements: Voters who vote absentee by mail Voters who are residents of a licensed nursing home or assisted living center and who vote at the facility Voters who are hospitalized Voters with a religious objection to being photographed Voters who are indigent and unable to obtain a photo ID without paying a fee Voters can obtain a free photo ID from the Tennessee Department of Safety and Homeland Security at any participating driver service center. In order to receive an ID, a voter must bring proof of citizenship (such as a birth certificate) and two proofs of Tennessee residency (such as a voter registration card, a utility bill, vehicle registration or title, or bank statement). Visit the Tennessee Department of Safety and Homeland Security's Voter Photo ID page for more information.

See also

2022 measures

• 2022 ballot measures
• State executive official measures on the ballot

Tennessee

• Tennessee ballot measures
• Tennessee ballot measure laws
• Tennessee Governor

News and analysis

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

External links

• Tennessee Senate Joint Resolution 10 (2021)