Gov. Walz does not need to resign after VP selection | Fact check

Andre Byik, USA TODAY
·3 min read
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The claim: Peggy Flanagan replaced Tim Walz as Minnesota governor after VP selection

An Aug. 6 Facebook post (direct link, archive link) includes a photo of Minnesota Lt. Gov. Peggy Flanagan and claims she has a new role after Vice President Kamala Harris selected Minnesota Gov. Tim Walz as a running mate.

"Tim Walz's nomination for Kamala Harris running mate, means that Peggy Flanagan became Minnesota's new governor, the first Native American governor in US history."

The post was shared more than 800 times in a day.

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Our rating: False

Walz has not stepped down as Minnesota's governor, and Flanagan has not become the state's governor. Walz is also not required to leave office to run with Harris in the 2024 presidential election.

Gov. Walz not required to resign to run for vice president

Harris, who has secured the Democratic Party's nomination for president, announced that she picked Walz as her running mate on Aug. 6. Walz was first elected as Minnesota's governor in 2018, and he was re-elected in 2022. His current term ends in 2027.

There are no credible news reports that Walz has stepped down from his role following his selection as Harris' running mate. He remains governor of Minnesota. Flanagan also remains the state's lieutenant governor, a role to which she was first elected in 2018.

Devin Driscoll, an attorney who teaches state constitutional law at the University of Minnesota Law School, said he is not aware of any statute that would require Walz to resign after becoming the Democratic nominee for vice president.

Driscoll noted that Minnesota's constitution provides that in "case a vacancy occurs from any cause whatever in the office of governor, the lieutenant governor shall be governor during such vacancy." Section 4.06(a) of Minnesota Statutes says the same.

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Minnesota law defines when a vacancy occurs, and it includes an incumbent's resignation, Driscoll said.

"So, unless/until Gov. Walz resigns, there is no vacancy, and if there is no vacancy Lt. Gov. Flanagan does not become governor," he said in an email.

The Minnesota Star Tribune reported that if Walz resigns after the election, Flanagan, a member of the White Earth Band of Ojibwe, would become the state's first female governor and first Native American governor.

Multiple reputable news organizations have laid out this possible succession scenario, with none mentioning Walz being required to resign as governor to run for vice president.

The Facebook user who shared the post did not immediately respond to a request for comment. Walz's office also did not immediately respond to a request for comment.

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This article originally appeared on USA TODAY: Walz can run for vice president while Minnesota governor | Fact check

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