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Title: Letter From Governor Mark Dayton to Attorney General Lori Swanson Regarding Vacant Lt. Governor Seat and the President of the MN Senate
Article Date: 12/12/2017
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Type: Other
URL:
File: 176950-13349.pdf 

Text: December 12, 2017

The Honorable Lori Swanson
Minnesota Attorney General
102 State Capitol
75 Rev. Dr. Martin Luther King Jr. Boulevard
St. Paul, MN 55155

Re: Request for a Written Opinion

Dear Attorney General Lori Swanson:

Pursuant to Minn. Const. art. V, & 3, which provides that the Governor "may require the opinion in
writing of the principal officer in each of the executive departments upon any subject" relating to her
duties, the Governor requires a written opinion from the Attorney General on the following.

1. Article V, section 5 of the Minnesota Constitution provides, in relevant part, "The last elected
presiding officer of the senate shall become lieutenant governor in case a vacancy occurs in that
office."

Is it your opinion that upon a vacancy in the office of Lieutenant Governor, the President of the
Minnesota Senate automatically and immediately becomes the Lieutenant Governor by operation of the
Constitution?

2. Article IV, section 5 of the Minnesota Constitution provides,

No senator or representative shall hold any other office under the authority of the United States or
the state of Minnesota, except that of postmaster or of notary public. If elected or appointed to
another office, a legislator may resign from the legislature by tendering his resignation to the
governor.

Is it your opinion that if the President of the Senate becomes the Lieutenant Governor, she automatically
and immediately forfeits her seat by operation of the Constitution?

Thank you in advance for your assistance.

With best regards,
Kimberly Slay Holmes
General Counsel to Governor Mark Dayton

cc: Al Gilbert, Solicitor General


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