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Draft rule would ask resigning legislators to send courtesy copies of resignations to LCB and Secretary of State
Summary
The rule (LCB R001-26P) would request—but not require—that resigning state legislators provide a courtesy copy of their resignation to the Legislative Counsel Bureau director, the Secretary of State, and the applicable filing officer. Public commenter Ellen Gifford questioned whether the change should be statutory rather than regulatory.
The Elections Division presented a draft regulation, now LCB R001-26P, that would request a courtesy copy of any legislative resignation be provided to the Legislative Counsel Bureau director, the Secretary of State, and the appropriate filing officer.
Deputy Secretary Mark Velaschin described the proposal as a minimal, nonbinding courtesy measure intended to avoid confusion about vacancies and to help filing officers and clerks know when to act. "The intent of this proposed regulation is simply, to add provide a courtesy notification," he said.
Ellen Gifford, a caller to the workshop, pressed staff on the legal basis for the change and whether it effectively amends statute. Gifford cited a separate proposed regulation requiring notice to the Secretary of State within five business days and asked, "Why did we not change 218A.250 with a bill? Regulations are meant to support laws as they are written, not to change them. I see this as a slippery slope in our legislative process." Velaschin acknowledged the confusion, apologized for it, and said the drafter's intent was not to alter the statutory process but to provide a courtesy copy for operational clarity.
Broadcasting reported no other callers and the workshop closed public comment on the item. Staff said submitted written comments are in the record and that any amendments would be published before the adoption hearings in late January and mid-February.
