Text: December 12, 2017The Honorable Lori SwansonMinnesota Attorney General102 State Capitol75 Rev. Dr. Martin Luther King Jr. BoulevardSt. Paul, MN 55155Re: Request for a Written OpinionDear Attorney General Lori Swanson:Pursuant to Minn. Const. art. V, & 3, which provides that the Governor "may require the opinion inwriting of the principal officer in each of the executive departments upon any subject" relating to herduties, 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 toanother office, a legislator may resign from the legislature by tendering his resignation to thegovernor.Is it your opinion that if the President of the Senate becomes the Lieutenant Governor, she automaticallyand immediately forfeits her seat by operation of the Constitution?Thank you in advance for your assistance.With best regards,Kimberly Slay HolmesGeneral Counsel to Governor Mark Daytoncc: Al Gilbert, Solicitor General