The only independent in the state legislature is asking Iowa’s attorney general to issue a written opinion on the proper transfer of power when Republican Governor Terry Branstad resigns to become ambassador to China.  Senator David Johnson, of Ocheyedon, says  “Although a number of legal experts believe it’s a settled issue, there are others that don’t.” Johnson is a former Republican who switched his voter registration to “no party” this summer when Donald Trump became the G-O-P’s presidential nominee.

In December, Lieutenant Governor Kim Reynolds said the constitution is clear and that she will become governor when Branstad resigns. Johnson says there is “ambiguity” in the way the constitution is written and some analysts argue Reynolds may PERFORM the duties of governor, but will NOT get the TITLE of governor. “Being an independent, I believe I don’t have any partisan dog in this game,” Johnson says. “…I’m not a Republican. I’m not a Democrat. I can’t be accused of having any partisan leanings on this.”

Johnson has sent a formal request, asking Attorney General Tom Miller to issue an opinion on the matter by February 15th. “We need to have this issue more clearly defined before the governor goes to China,” Johnson says. Johnson’s asking the attorney general to weigh in on whether Reynolds has the authority to appoint a lieutenant governor and who would have the authority to swear her in as GOVERNOR once Branstad leaves.

Johnson suggests SENATORS could be forced to vote on transfer of power issues based on what the attorney general may determine. A spokesman for Attorney General Tom Miller said weeks ago that Miller agrees with the Branstad Administration, that Reynolds will become governor when Branstad leaves — and that she’ll have the authority to appoint a lieutenant governor.

A spokesman for Governor Branstad accuses Johnson of “political grandstanding.” Branstad press secretary Ben Hammes says “two months ago” the attorney general and secretary of state were “definitive” that that Reynolds will become governor when Branstad resigns.

(Radio Iowa)