AJR 11

Currently, a legislator does not vacate his or her office if he or she accepts

a short

period

of active duty as a member of the reserve or serves in the armed forces during

an emergency declared by the governor. This proposed constitutional amendment,

proposed to the 2009 legislature on first consideration, provides that a legislator does

not vacate his or her seat if he or she performs ordered military duty for

any period

during his or her term in office. The amendment specifies that "ordered military

duty" is military duty performed in the armed forces of the United States as a result

of being called to duty, drafted, or activated, including attendance at any service

school conducted by the armed forces of the United States as a voluntary member of

the national guard or of any reserve component of the armed forces of the United

States pursuant to orders issued by competent state or federal authority.

The amendment further provides that a legislator on ordered military duty may

appoint a temporary acting legislator in his or her place, subject to approval by a vote

of the majority of members elected to the house of the legislator in which the

legislator serves. The temporary acting legislator serves in office until the legislator

on ordered military duty returns or his or her term expires, whichever occurs first.

A proposed constitutional amendment requires adoption by two successive

legislatures, and ratification by the people, before it can become effective.