I mentioned in February a plan by the Tennessee Senate (SJR 103) to provide for a process to declare the state’s governor incapacitated or so disabled that he or she would be removed on a temporary basis.
A portion of the plan would have had the Attorney General, in consultation with the Secretary of State, Comptroller of the Treasury, and Treasurer, petition the Supreme Court seeking a declaration the governor was “unable to perform the powers and duties of the office.” The court would rule on the petition and could remove the governor, who could then re-petition the Supreme Court for reinstatement.
During a hearing of the Senate Judiciary Committee, an amendment was offered that removed any mention of the Supreme Court. Instead, a majority vote of 5 officers (Speaker of the House of Representatives, the Speaker of the Senate, the Secretary of State, the Treasurer, and the Comptroller of the Treasury) would be all that is required. The Governor would resume power after submitting a letter to the two Speakers.
The bill, as amended, was approved by the Senate Judiciary Committee on March 12.