A Question of Succession

Brandon Bell puts up some good thoughts here on what happens should Tim Kaine roll out to be Obama's VP.  The interesting part comes in the discussion about what happens to the lieutenant governor's office should a vacancy occur.  Sen. Bell writes well, but on the assumption that there will be a special election.

One of the commentators in the post wrote this:

§ 24.2-212. Discharge of duties when office of Lieutenant Governor vacant. 
When a vacancy occurs in the office of Lieutenant Governor, the duties of that office shall be discharged by the President pro tempore of the Senate, but he shall not by reason thereof be deprived of his right to act and vote as a member of the Senate. 

Gov. Bolling would have no authority to call a special election. Colgan would discharge the duties of LG, but would continue to get his vote as a Senator. Interesting question is whether he would get a second vote as LG to break ties. Sounds nuts, but that seems to me to be what the statute says.

So who's right?  The poster seems to have the constitution right, but Bell has history on his side.  The last time the LG post was vacated was in 1971 when J. Sarge Reynolds died in office.  That year, we actually DID have a special election, which Henry Howell won in a three-way dance.  So someone who's smarter than me, and I'm sure there are many, who's right?    

Comments

[Brandon Bell]

Chris,

I'm not sure I'm "right" in suggesting a special election for Lt. Gov. I'm just not sure it would not be a "possibility". It would take a legal opinion on the proper course of action. Ironically that would likely come from McDonnell's office. While I am sure he would opin within his viewpoint of the law, I'm not sure he would want another statewide office holder to interfer with his plans to eventually run for Gov.

Anyway the post was fun--kinda like a good chess match.