Constitution of Iowa — Article IV

Publisher edition notice: This collection preserves the publisher's complete codified constitution, including its amendment notes. Later changes beyond the linked publisher compilation have not been independently verified.

Article IV

EXECUTIVE DEPARTMENT. Section 1. Governor. The supreme executive power of this state shall be vested in a chief magistrate, who shall be styled the governor of the state of Iowa. Sec. 2. Election and term. The governor and the lieutenant governor shall be elected by the qualified electors at the time and place of voting for members of the general assembly. Each of them shall hold office for four years from the time of installation in office and until a successor is elected and qualifies. Repealed and rewritten by Amendment 41 (1988) 1988 repeal and rewrite was effective beginning with the 1990 general election Sec. 3. Governor and lieutenant governor elected jointly — returns of elections. The electors shall designate their selections for governor and lieutenant governor as if these two offices were one and the same. The names of nominees for the governor and the lieutenant governor shall be grouped together in a set on the ballot according to which nominee for governor is seeking office with which nominee for lieutenant governor, as prescribed by law. An elector shall cast only one vote for both a nominee for governor and a nominee for lieutenant governor. The returns of every election for governor and lieutenant governor shall be sealed and transmitted to the seat of government of the state, and directed to the speaker of the house of representatives who shall open and publish them in the presence of both houses of the general assembly. Repealed and rewritten by Amendment 41 (1988) 1988 repeal and rewrite was effective beginning with the 1990 general election Statutory provisions, see Iowa Code §2.25 – 2.27, 50.31, and 50.35

-- 13 of 27 --

ART. IV, §4, CONSTITUTION OF THE STATE OF IOWA (CODIFIED) xiv Sec. 4. Election by general assembly in case of tie — succession by lieutenant governor. The nominees for governor and lieutenant governor jointly having the highest number of votes cast for them shall be declared duly elected. If two or more sets of nominees for governor and lieutenant governor have an equal and the highest number of votes for the offices jointly, the general assembly shall by joint vote proceed, as soon as is possible, to elect one set of nominees for governor and lieutenant governor. If, upon the completion by the general assembly of the canvass of votes for governor and lieutenant governor, it appears that the nominee for governor in the set of nominees for governor and lieutenant governor receiving the highest number of votes has since died or resigned, is unable to qualify, fails to qualify, or is for any other reason unable to assume the duties of the office of governor for the ensuing term, the powers and duties shall devolve to the nominee for lieutenant governor of the same set of nominees for governor and lieutenant governor, who shall assume the powers and duties of governor upon inauguration and until the disability is removed. If both nominees for governor and lieutenant governor are unable to assume the duties of the office of governor, the person next in succession shall act as governor. Repealed and rewritten by Amendment 41 (1988) 1988 repeal and rewrite was effective beginning with the 1990 general election Sec. 5. Contested elections. Contested elections for the offices of governor and lieutenant governor shall be determined by the general assembly as prescribed by law. Repealed and rewritten by Amendment 41 (1988) 1988 repeal and rewrite was effective beginning with the 1990 general election Statutory provisions, see Iowa Code chapter 58 Sec. 6. Eligibility. No person shall be eligible to the office of governor, or lieutenant governor, who shall not have been a citizen of the United States, and a resident of the state, two years next preceding the election, and attained the age of thirty years at the time of said election. Sec. 7. Commander in chief. The governor shall be commander in chief of the militia, the army, and navy of this state. Sec. 8. Duties of governor. He shall transact all executive business with the officers of government, civil and military, and may require information in writing from the officers of the executive department upon any subject relating to the duties of their respective offices. Duty as to state accounts, see Iowa Code §70A.8 Sec. 9. Execution of laws. He shall take care that the laws are faithfully executed. Sec. 10. Vacancies. When any office shall, from any cause, become vacant, and no mode is provided by the Constitution and laws for filling such vacancy, the governor shall have power to fill such vacancy, by granting a commission, which shall expire at the end of the next session of the general assembly, or at the next election by the people. Sec. 11. Convening general assembly. He may, on extraordinary occasions, convene the general assembly by proclamation, and shall state to both houses, when assembled, the purpose for which they shall have been convened. See also this codified Iowa Constitution, Art. III, §2 Sec. 12. Message. He shall communicate, by message, to the general assembly, at every regular session, the condition of the state, and recommend such matters as he shall deem expedient. Sec. 13. Adjournment. In case of disagreement between the two houses with respect to the time of adjournment, the governor shall have power to adjourn the general assembly to such time as he may think proper; but no such adjournment shall be beyond the time fixed for the regular meeting of the next general assembly.

-- 14 of 27 --

xv CONSTITUTION OF THE STATE OF IOWA (CODIFIED), ART. IV, §19 Sec. 14. Disqualification. No persons shall, while holding any office under the authority of the United States, or this state, execute the office of governor, or lieutenant governor, except as hereinafter expressly provided. Sec. 15. Terms — compensation. The official terms of the governor and lieutenant governor shall commence on the Tuesday after the second Monday of January next after their election and shall continue until their successors are elected and qualify. The governor and lieutenant governor shall be paid compensation and expenses as provided by law. The lieutenant governor, while acting as governor, shall be paid the compensation and expenses prescribed for the governor. Repealed and rewritten by Amendment 42 (1988) 1988 repeal and rewrite was effective beginning with the second Monday in January 1991 Sec. 16. Pardons — reprieves — commutations. The governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offences except treason and cases of impeachment, subject to such regulations as may be provided by law. Upon conviction for treason, he shall have power to suspend the execution of the sentence until the case shall be reported to the general assembly at its next meeting, when the general assembly shall either grant a pardon, commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall have power to remit fines and forfeitures, under such regulations as may be prescribed by law; and shall report to the general assembly, at its next meeting, each case of reprieve, commutation, or pardon granted, and the reasons therefor; and also all persons in whose favor remission of fines and forfeitures shall have been made, and the several amounts remitted. Sec. 17. Lieutenant governor or lieutenant governor-elect to become or act as governor or governor-elect. If there is a temporary disability of the governor, the lieutenant governor shall act as governor until the disability is removed, or the governor dies, resigns, or is removed from office. In case of the death, resignation, or removal from office of the governor, the lieutenant governor shall become governor for the remainder of the term, which shall create a vacancy in the office of lieutenant governor. This section shall also apply, as appropriate, to the governor-elect and the lieutenant governor-elect. Repealed and rewritten by Amendment 51 (2024) Referred to in Iowa Code §7.14 Sec. 18. Duties of lieutenant governor. The lieutenant governor shall have the duties provided by law and those duties of the governor assigned to the lieutenant governor by the governor. Repealed and rewritten by Amendment 42 (1988) 1988 repeal and rewrite was effective beginning with the second Monday in January 1991 Sec. 19. Succession to office of governor and lieutenant governor. If there be a vacancy in the office of the governor and the lieutenant governor shall by reason of death, impeachment, resignation, removal from office, or other disability become incapable of performing the duties pertaining to the office of governor, the president of the senate shall act as governor until the vacancy is filled or the disability removed; and if the president of the senate, for any of the above causes, shall be incapable of performing the duties pertaining to the office of governor the same shall devolve upon the speaker of the house of representatives; and if the speaker of the house of representatives, for any of the above causes, shall be incapable of performing the duties of the office of governor, the justices of the supreme court shall convene the general assembly by proclamation and the general assembly shall organize by the election of a president by the senate and a speaker by the house of representatives. The general assembly shall thereupon immediately proceed to the election of a governor and lieutenant governor in joint convention. Repealed and rewritten by Amendment 42 (1988) 1988 repeal and rewrite was effective beginning with the second Monday in January 1991 Referred to in Iowa Code §7.14

-- 15 of 27 --

ART. IV, §20, CONSTITUTION OF THE STATE OF IOWA (CODIFIED) xvi Sec. 20. Seal of state. There shall be a seal of this state, which shall be kept by the governor, and used by him officially, and shall be called the great seal of the state of Iowa. For a description of the great seal of Iowa, see Iowa Code chapter 1A Sec. 21. Grants and commissions. All grants and commissions shall be in the name and by the authority of the people of the state of Iowa, sealed with the great seal of the state, signed by the governor, and countersigned by the secretary of state. Sec. 22. Secretary — auditor — treasurer. A secretary of state, an auditor of state and a treasurer of state shall be elected by the qualified electors at the same time that the governor is elected and for a four-year term commencing on the first day of January next after their election, and they shall perform such duties as may be provided by law. Repealed and rewritten by Amendment 32 (1972)