Alaska has Gubernatorial Succession Covered

by Karl Kurtz

Stories in today's Juneau Empire and Anchorage Daily News discuss who would become governor of Alaska if Gov. Sarah Palin were elected vice president and Lt. Gov. Sean Parnell were to win a race for the U.S. Congress.  Parnell is currently 151 votes behind, with absentee ballots still being counted, in his primary challenge against incumbent U.S. Rep. Don Young, so this scenario is not impossible.

The answer to the question is that Attorney General Talis Colberg would become acting governor and would have to call a special election for the office within 60 days of Gov. Palin's resignation.  How did the attorney general become next in line of succession?  Gov. Palin appointed Colberg to succeed to the office of lieutenant governor, if it becomes vacant, and his appointment was confirmed by the Legislature.  Here is the Alaska succession law (authorized by the state constitution), which is remarkable in its attention to the detail of possible scenarios like the one currently in play:

Sec. 44.19.040. Appointment of successor to lieutenant governor.

After taking an initial term of office, the governor shall appoint, from among the officers who head the principal departments of the state government or otherwise, a person to succeed to the office of lieutenant governor if the office of lieutenant governor becomes vacant. The appointment is subject to confirmation by a majority of the members of the legislature meeting in joint session. The person designated and confirmed is next in line for succession to the office of lieutenant governor, subject to the pleasure of the governor. If the person designated and confirmed is removed from or vacates the appointment, the governor shall appoint a successor subject to confirmation in the same manner as the person initially appointed.

Sec. 44.19.042. Succession to office.

If a vacancy occurs in the office of governor and the regularly elected lieutenant governor succeeds to the office of governor as provided by art. III, Sec. 11, of the constitution, or if the office of lieutenant governor otherwise becomes vacant, the person designated as next successor to the office of lieutenant governor as provided in AS 44.19.040 succeeds to the office of lieutenant governor for the remainder of the term vacated, or until a special election is held. When the person appointed under AS 44.19.040 succeeds to the office of lieutenant governor, the governor shall appoint a person to succeed to the office of lieutenant governor in case of a subsequent vacancy.

Sec. 44.19.044. Special election in case of second vacancy in office of governor.

If the regularly elected lieutenant governor succeeds to the office of governor as provided in the constitution and thereafter, during the same regular gubernatorial term, the office of governor again becomes vacant, the appointed lieutenant governor succeeds to the office of acting governor until a special election to elect a governor and lieutenant governor is held.

...

Sec. 44.19.046. Simultaneous vacancies.

If vacancies in the office of governor and the office of lieutenant governor occur simultaneously, the person appointed under AS 44.19.040 succeeds directly to the office of acting governor until successors to the respective offices are elected in a special election.

Attorney General Colberg appears to have a sense of humor about it: 

"And yes, under a certain type of sequence of events, I would have my Alexander Haig moment," Colberg said in a joking reference to President Reagan's Secretary of State who mistakenly announced he was in control when Reagan was hospitalized after being shot.