Ask Dome: Lt. Governor on Call


"When the governor leaves the state and the lieutenant governor becomes 'acting governor' is there any official notification given?" Dome reader Chris Hayes

Under Article III, Section 3 of the state constitution, the lieutenant governor serves as "acting governor" at the following times: "during the absence of the Governor from the State, or during the physical or mental incapacity of the Governor to perform the duties of his office."

In the case of physical incapacity, the governor may file a written statement with the attorney general declaring when she is not able to serve and when she's ready to return.

The legislature has to determine mental incapacity by a two-thirds vote of all the members of both chambers after hearing from the governor, though only a majority is required to declare that she is capable again.

But neither the constitution nor state law spells out the procedures for the governor to declare when she's away.

Chrissy Pearson, a spokeswoman for Gov. Beverly Perdue, said that the governor's staff notifies the lieutenant governor when she is out of state.

"There is no official protocol to do it by email or by phone," she said.

Incidentally, succession after the lieutenant governor is spelled out by state law: Senate president, Speaker of the House, secretary of state, auditor, treasurer, schools superintendent, attorney general, and the commissioners of agriculture, labor and insurance.

And while the lieutenant governor is in charge, he is paid the governor's salary, too.

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Re: Ask Dome: Lt. Governor on Call

OK, it's a little tricky. The Senate president is next in line depending on whether or not there is a lieutenant governor...

http://projects.newsobserver.com/under_the_dome/is_basnight_second_in_line_depends

— RTB 

Re: Ask Dome: Lt. Governor on Call

I still want to know if this means that if Doug Berger's Senate Bill 14 is passed, then does Walter Dalton gain plenary OSHA authority to open and shut companies as he sees fit?

Re: Ask Dome: Lt. Governor on Call

Schools Secretary before attorney general?

Re: Ask Dome: Lt. Governor on Call

You are correct. After further checking, it turns out that it is the Senate president, i.e. the lieutenant governor. Sen. Basnight is not in the succession.

RTB

Re: Ask Dome: Lt. Governor on Call

Just a quibble: don't you mean the President PRO TEM of the Senate? After all, the Lieutenant Governor IS the President of the Senate...