The lieutenant governor shall be president of the senate, but shall vote only when the senate is equally divided.

ANNOTATIONS

Comparable provisions. — Idaho Const., art. IV, § 13.

Iowa Const., art. IV, § 18.

When lieutenant governor to vote. — The lieutenant governor must vote when the senate is equally divided on any question other than a joint resolution which proposes an amendment to the constitution. 1971 Op. Att'y Gen. No. 71-31.

The lieutenant governor is under a duty to cast vote authorized under this section, when the senate is evenly divided on a matter not a constitutional amendment. 1959 Op. Att'y Gen. No. 59-73.

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. — 81A C.J.S. States § 131.