Is Basnight second in line? Depends

Submitted by ryanteaguebeckwith on February 16, 2009 - 12:40pm.
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Sen. Marc Basnight is in the line of succession — and he isn't.

Whether or not the powerful Senate president pro tem would become governor depends on the hypothetical scenario you spin out.

Under state law, the Senate president is second in line to the governorship, after the lieutenant governor — but only if it's for keeps.

Because of a quirk in state constitutional law, the line of succession differs depending on whether the person is serving as "acting governor" or has actually become governor.

The constitution designates the Senate president as next in line after the lieutenant governor. But those two jobs are currently one and the same, so the next in line would in theory be the Speaker of the House.

However, once the lieutenant governor ascends to the governorship, the Senate president pro tem becomes the Senate president and is thus next in line.

Legislative guru Gerry Cohen said the confusion stems from the fact that the Senate president pro tem was a weak office until the legislature rewrote the rules in 1988.

"We have had a change in the political atmosphere, but the statute hasn't changed," he said.

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Re: Is Basnight second in line? Depends

Submitted by ryanteaguebeckwith on February 16, 2009 - 5:05pm.

To follow your hypothetical: Perdue is no longer governor. Dalton becomes governor. The lieutenant governorship is open. Basnight becomes Senate president. Dalton can no longer serve. Basnight becomes governor.

Alternately, Perdue is temporarily not governor. Dalton becomes acting governor, but he remains lieutenant governor. Basnight does not become Senate president. Dalton is temporarily not able to serve. Hackney becomes acting governor.

— RTB 

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Re: Is Basnight second in line? Depends

Submitted by captsfufp on February 16, 2009 - 4:37pm.

So...just to be sure, in the scenario where (just to use names) Gov. Perdue, for some reason, is no longer able to be governor...the Lt. Gov. will ascend and it would be Gov. Dalton. Basnight would then become president of the Senate? Does this mean he is Lt. Gov? Or does the Office of Lt. Gov. remain vacant until the next election?

This could be crazy depending on the time element (I don't have the state constitution in front of me). Does the instant when Gov. Dalton take the oath (or when would he specifically become the governor?), does Basnight instantly become Senate president or is there some lag time? (This question this concerns is Gov. Dalton taking office, having some sudden reason that takes him out of office, Basnight not becoming Senate president juuuust yet, and Hackney taking over the state).

I guess I need to get a flashlight and read my state constitution under the covers tonight...where's Bob Orr?? Doesn't he know all on the state constitution??

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