vide for the office of lieutenant governor;
Florida, Maryland, and New Jersey are
the three exceptions. The remaining eight
states which do not have lieutenant gov-
ernors are: Alaska,6 Arizona, Maine,
New Hampshire, Oregon, Utah, West
Virginia, and Wyoming.7
A SUCCESSOR TO THE GOVERNOR
The lieutenant governor provides a
popularly elected successor to the gover-
nor if the governor should die, become
disabled, or resign. From 1900 to 1957,
the lieutenant governor was called upon
to serve as governor at some time in
thirty-six of the thirty-nine states having
lieutenant, governors.8 Of the 130 colonial
governors serving before the American
Revolution, forty, or more than thirty
percent, actually died in office.9 The
need for a successor to the governor has
therefore arisen frequently in United
States history.
It has often been argued that the suc-
cessor to the governor should be an offi-
cial elected by all of the voters of the
State. As an official elected on a state-
wide basis, the lieutenant governor is
responsive to all the voters of the State.
The Maryland Constitution of 1864
established the office of lieutenant gover-
nor for this reason.
The lieutenant governor can also suc-
ceed to the office of governor when the
governor is disabled. Austin Macdonald,
a critic of the office of lieutenant gover-
nor, has asserted that "the exact meaning
of disability, as used in this connection,
is not easily determined. . . . Some lieu-
6 In Alaska the secretary of state functions
as lieutenant governor.
7 16 council of state governments,
book of the states 140 (1966) (hereafter
cited as book of the states).
8 Nispel, supra note 2 at 194.
9 Id. 29.
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tenant governors have seized upon a few
hours' absence as an excuse for signing
bills and pardoning convicted crim-
inals."10
PRESIDENT OF THE STATE SENATE
The lieutenant governor is president
of the state senate in thirty-seven of the
thirty-nine states which have a lieutenant
governor; Hawaii and Massachusetts are
the two exceptions. Article II, Section 7
of the Maryland Constitution of 1864
provided that "the Lieutenant-Governor
shall, by virtue of his office, be President
of the Senate, and whenever the Senate
are equally divided, shall have the right
to give the casting vote."
The lieutenant governor "provides a
permanent and impartial presiding officer
for the senate without robbing any dis-
trict of its senator."11 The powers of the
lieutenant governor as presiding officer
vary from state to state and these may
not always be used impartially. Through
his power of recognition, he can refuse or
encourage obstructive motions. In fifteen
states the lieutenant governor may refer
bills to proper committees. The lieutenant
governor of Virginia, for example, is
chairman of the powerful Rules Com-
mittee of the state senate.12 In about one-
third of the states the lieutenant gover-
nor makes the appointments to commit-
tees. Many state constitutions give him
the right to vote in case of a tie, although
this is often only important in procedural
matters if the constitution requires that
a bill be passed by a majority of both
houses.
10 A. macdonald, american state gov-
ernment and administration 178 (1960).
11 Isom, The Office of Lieutenant Governor
in the States, 32 am. pol. Sci. rev. 922
(1938).
12 Nispel, su^ra note 2 at 53.
161
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