BILL NUMBER: S7813 Revised 7/30/2025
SPONSOR: SKOUFIS
 
TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to article 4 of the constitution, in relation to the gubernatorial
absence provision
 
PURPOSE:
To remove the constitution's prohibition on exercising the powers and
duties of the governor's and lieutenant-governor's offices from outside
of the state
 
SUMMARY OF PROVISIONS:
Section 1: Amends section 5 of article 4 of the Constitution. Removes
the provision that requires transfer of the governor's powers and duties
to the lieutenant-governor whenever the governor is "absent from the
state."
Section 2: Amends the third, fourth and fifth undesignated paragraphs of
section 6 of article 4 of the constitution. Removes the provision in
article IV, section 6 that requires transfer of the lieutenant-
governor's powers and duties to the temporary president of the Senate
whenever the lieutenant-governor is "absent from the state." It also
removes the provisions that prevent the lieutenant-governor and tempo-
rary president of the Senate from acting as governor when they are
"absent from the state."
Section 3: Sets the effective date.
 
JUSTIFICATION:
The absence from the state provisions prevents the governor and lieuten-
ant-governor from exercising their powers and duties when they leave the
state and prevent the temporary president of the Senate from acting as
governor when the temporary president is outside the state. These
provisions are antiquated and undermines effective leadership of the
executive branch. The absence provision that applies to the governor
raises the most serious concerns. First, the provision can restrict the
governor's ability to travel outside the state to promote its interests,
especially when the next successor to the governor's office is a poli-
tical rival. Second, the provision is subject to conflicting interpreta-
tions. It provides for transfers of powers and duties when the governor
is "absent from the state or is otherwise unable." The phrase "otherwise
unable" in reference to absence makes the provision ambiguous. By fram-
ing an absence as an inability, it raises two possible interpretations.
One reading is that the governor is "unable" whenever the governor
crosses outside the state's border, triggering an automatic transfer of
power.
Another interpretation is that powers and duties transfer only when an
absence makes the governor "unable" to discharge the office's powers and
duties, such as due to a communication failure. The potential for
different interpretations raises the specter of dueling claims to the
governor's powers and duties and challenges to the legality of guberna-
torial actions. Such disputes have occurred in other states, including
in recent years. Modern communications capabilities make the absence
provisions useless.
 
LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None to the state.
 
EFFECTIVE DATE:
Resolved (if the concur), That the foregoing amendment be referred to
the first regular legislative session convening after the next succeed-
ing general election of members of the assembly, and, in conformity with
section 1 of article 19 of the constitution, be published for 3 months
previous to the time of such election.