If at the time fixed for the beginning of the term of the governor, the governor-elect shall have died, the lieutenant governor-elect shall become governor. If a governor shall not have been chosen before the time fixed for the beginning of his term, or if the governor-elect shall have failed to qualify, then the lieutenant governor-elect shall act as governor until a governor shall have qualified; and the legislature may by law provide for the case wherein neither a governor-elect nor a lieutenant governor-elect shall have qualified, declaring who shall then act as governor, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a governor or lieutenant governor shall have qualified.

If after the governor-elect has qualified a vacancy occurs in the office of governor, the lieutenant governor shall succeed to that office, and to all the powers, duties and emoluments thereof, provided he has by that time qualified for the office of lieutenant governor. In case the governor is absent from the state, or is for any reason unable to perform his duties, the lieutenant governor shall act as governor, with all the powers, duties and emoluments of that office until such disability be removed. In case there is no lieutenant governor, or in case he is for any reason unable to perform the duties of governor, then the secretary of state shall perform the duties of governor, and, in case there is no secretary of state, then the president pro tempore of the senate, or in case there is no president pro tempore of the senate, or he is for any reason unable to perform the duties of governor, then the speaker of the house shall succeed to the office of governor, or act as governor as hereinbefore provided. (As amended November 2, 1948.)

ANNOTATIONS

The 1948 amendment, which was proposed by S.J.R. No. 14 (Laws 1947) and adopted at the general election held on November 2, 1948, with a vote of 35,730 for and 22,193 against, rewrote this section, adding the first paragraph and making numerous changes in the second paragraph. Prior to amendment, the section read: "In case of a vacancy in the office of governor, the lieutenant governor shall succeed to that office, and to all the powers, duties and emoluments thereof. In case the governor is absent from the state, or is for any reason unable to perform his duties, the lieutenant governor shall act as governor, with all the powers, duties and emoluments of that office until such disability be removed. In case there is no lieutenant governor, or in case he is for any reason unable to perform the duties of governor, then the secretary of state or, in case there is no secretary of state, or he is for any reason unable to perform the duties of governor, then the president pro tempore of the senate shall succeed to the office of governor, or act as governor as hereinbefore provided."

Cross references. — For compensation of successor to governor's office, or person serving as acting governor, see 8-1-1 NMSA 1978.

For serving as member of cabinet, see 9-1-3 NMSA 1978.

For disaster successors to governor and his constitutional successors, see 12-11-4 NMSA 1978.

Comparable provisions. — Idaho Const., art. IV, §§ 12, 14.

Iowa Const., art. IV, § 17; amendment 20.

Montana Const., art. VI, § 6.

Utah Const., art. VII, § 11.

Wyoming Const., art. IV, § 6 (secretary of state to be acting governor).

Succession to entire unexpired term. — If the office of governor should become vacant prior to the 1972 election, the lieutenant governor would fill the entire unexpired term to which the governor had been elected. 1971 Op. Att'y Gen. No. 71-05.

Lieutenant governor may constitutionally execute delegated duties assigned by governor. 1971 Op. Att'y Gen. No. 71-15.

The lieutenant governor cannot preside over the senate when acting as governor. — The lieutenant governor is designated to preside over the senate, and, in addition to this duty, the New Mexico constitution provides for the lieutenant governor to act as governor in the governor's absence and for the president pro tempore to preside over the senate in the lieutenant governor's absence. The framers therefore contemplated a situation in which the lieutenant governor would not be able to preside over the senate. Applying the rules of statutory construction to harmonize these provisions, the lieutenant governor may either act as the lieutenant governor, or the governor, but not both. Therefore, the lieutenant governor cannot preside over the senate when acting as governor. Lieutenant Governor's Role While Serving as Acting Governor (3/14/16), Att'y Gen. Adv. Ltr. 2016-02.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 38 Am. Jur. 2d Governor §§ 12 to 15.

Devolution, in absence of governor, of veto and approval powers upon lieutenant governor or other officer, 136 A.L.R. 1047.

81A C.J.S. States §§ 87 to 90.