The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 6849 May 18, 1995 LIEUTENANT GOVERNOR: Vacancy in office The Senate may not, under section 67 of the Michigan Election Law, MCL 168.67; MSA 6.1067, as amended by 1981 PA 44, appoint a person to fill a vacancy in the office of lieutenant governor because there is no authority under the 1963 Michigan Constitution to fill a vacancy in that office. Honorable Nick Ciaramitaro State Representative The Capitol Lansing, Michigan You have asked if the Senate may, under section 67 of the Michigan Election Law, MCL 168.67; MSA 6.1067, as amended by 1981 PA 44, appoint a person to fill a vacancy in the office of lieutenant governor. Section 67 of the Michigan Election Law provides: If the lieutenant governor succeeds to the office of governor, or if a vacancy occurs in the office of lieutenant governor, the senate, by resolution, with a record roll call vote, shall appoint an acting lieutenant governor of the same political party as the governor who shall serve for the remainder of the term or until the disability ceases. OAG, 1967-1968, No 4625, p 234, 236 (April 2, 1968), addressed the question of filling a vacancy in the office of lieutenant governor and concluded: Accordingly, it is my opinion in answer to your first question that a vacancy in the office of lieutenant governor cannot be filled. I note that Section 67 of the Michigan election law [as then amended by 1963 (2nd Ex Sess) PA 34] provided for the filling of a vacancy in the office of lieutenant governor by appointment of the governor with the advise and consent of the Senate if it is in session. As that provision of Section 67 is violative of the Constitution for the reasons stated above, it is of no force or effect. [Footnote omitted.] Under section 67 of the Michigan Election Law, as amended by 1981 PA 44, the power to fill a vacancy in the office of lieutenant governor has been shifted from the Governor to the Senate. However, this change does not cure the constitutional deficiency since there is simply no constitutional authority to fill a vacancy in the office of lieutenant governor. Put the Senate does have the authority to select its presiding officer if there is a vacancy in the office of lieutenant governor. Const 1963, art 5, Sec. 25; Const 1963, art 4, Sec. 16; Michigan Legislative Handbook and Directory, 1993-1994, Senate Rules, 1.101, p 45. It is my opinion, therefore, that the Senate may not, under section 67 of the Michigan Election Law, MCL 168.67; MSA 6.1067, as amended by 1981 PA 44, appoint a person to fill a vacancy in the office of lieutenant governor because there is no authority under the 1963 Michigan Constitution to fill a vacancy in that office. Frank J. Kelley Attorney General