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AG Op. CONSTITUTION. GENERAL ASSEMBLY, 80-81 Va. AG 97CONSTITUTION. GENERAL ASSEMBLY.LIEUTENANT GOVERNOR. LIEUTENANTGOVERNOR NOT MEMBER OF SENATE UNDERART. IV, 11 OF CONSTITUTION OF VIRGINIAREQUIRING AFFIRMATIVE VOTE OF ALL ELECTEDMEMBERS.

The Honorable Eva F. ScottMember, Senate of VirginiaDecember 24, 1980

You ask whether the Lieutenant Governor is a memberof the Senate for purposes of Art. IV, 11 of the VirginiaConstitution (1971), which provides that no bills dealingwith certain subject matter (largely financial) shall bepassed except by affirmative vote of a majority of all themembers elected to each house.1 Article V, 14 providesthat the Lieutenant Governor shall be President of the

Senate, but shall have no vote except in case of an equaldivision.2

Article IV, 2 provides that the Senate shall consist ofnot more than forty and not less than thirty-three members,who shall be elected quadrennially by the voters of theseveral senatorial districts.3 The Lieutenant Governor iselected by the qualified voters of the Commonwealth ratherthan by the voters of a senatorial district. Article V, 13and 2.4

The qualifications for members of the Senate aredifferent, therefore, from the qualifications for LieutenantGovernor, particularly with respect to the constituency or

district represented. Further, to treat the LieutenantGovernor as a member of the Senate would at the presenttime give the Senate 41 members, something prohibited byArt. IV, 2.

Accordingly, I am of the opinion that the LieutenantGovernor is not a member of the Senate for purposes ofArt. IV, 11.5 FOOTNOTES1 Compare Art. VII, 7 for local governments. SeeOpinion to the Honorable F. Caldwell Bagley, CountyAttorney for Prince William County, dated January 29,

1975, found in Report of the Attorney General (1974-1975) at 35, 74-75 Va. AG 35 (tie-breaker for countygoverning body). [Page 98] 2 This is the only provision that suggests the LieutenantGovernor might be a member of the Senate. For all otherpurposes, the Constitution treats the Lieutenant Governoras part of the Executive Branch. Furthermore, Art. V, 7provides that in the absence of the Lieutenant Governor,the Senate shall choose a president pro tempore from itsown body, clearly indicating that the Lieutenant Governoris not from the body of the Senate. 3 There are presently forty senatorial districts. See 24.1-

14.1 of the Code of Virginia (1950), as amended. 4 Compare, also, the qualifications for LieutenantGovernor, in the provisions just cited, with thequalifications for the Senate in Art. IV, 4, which providein part that any person may be elected to the Senate who ia resident of the senatorial district which he is seeking trepresent. Further, a senator who moves his residence fromthe district for which he is elected shall thereby vacate hioffice.

5 AccordOpinion to the Honorable Edward T. Caton, IIIMember, Senate of Virginia, dated January 19, 1970, founin Report of the Attorney General (1969-1970) at 165, 670 Va. AG 165.

The Senate, for purposes of its own rules, may treat thLieutenant Governor as a member, so long as suchprovision is not in conflict with the Virginia ConstitutionSee Caton Opinion just cited. This Office does not giveopinions on questions restricted to the rules of the SenateSee Opinion to the Honorable Clive L. DuVal, 2dMember, Senate of Virginia, dated February 8, 1980, foun

in Report of the Attorney General (1979-1980) at 178, 780 Va. AG 178.

age 1 of 1 Printed from CaseFinder, Geronimo Development Corporation 11/09/2011