State constitutional officer

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In the United States, each state and territory has constitutional officers who lead the state governments of the United States. These officers may be elected or appointed, depending on the position. The number and powers of state constitutional officers varies from state to state, based on the constitution and statutes of each state. State constitutional officers may reside in the executive or legislative branch, while state constitutions also establish the judicial system of the state, including state supreme courts.

Contents

Executive offices

The governor of each state heads the executive branch and, depending on the individual jurisdiction, may have considerable control over government budgeting, the power of appointment of many officials, and a considerable role in legislation. The governor may also have additional roles, such as that of commander-in-chief of the state's National Guard, and in many states and territories the governor has partial or absolute power to commute or pardon a criminal sentence.

45 of the 50 states have a lieutenant governor who stands in for the governor when the governor is absent from the state or temporarily incapacitated. In most cases, the lieutenant governor ascends to the position of governor after the death or resignation of the governor, but in some states the lieutenant governor becomes an acting governor. In many states, the lieutenant governor has few official powers, similar to the United States Vice President. [1] However, some lieutenant governors do have significant responsibilities. [2] In Texas, the lieutenant governor has numerous powers over the legislative process, particularly in the senate. [3]

Every state has an attorney general, who is the chief legal advisor to the state government and the state's chief law enforcement officer, analogous to the United States Attorney General. 43 of the states directly elect their attorney general, while the others are selected by the governor, legislature, or state supreme court. [4] Attorneys general often have wide discretion in what cases to prosecute and how to settle cases. [5] State attorneys general can often make an impact even beyond their state, taking part in major challenges to federal laws and prosecuting major national companies. [6] [7] In many states, the attorney general is arguably the second most powerful constitutional officer, after the governor. [5] [6] [8]

Every state has a state treasurer, or an equivalent, who serves as the chief custodian of each state's treasury, and is the state's head banker. Typically, the treasurer receives and deposits state money, manages investments, and keeps track of budget surpluses and deficits. The position has powers and responsibilities similar to those of the United States Secretary of the Treasury and the Treasurer of the United States. 39 of the 50 states popularly elect the treasurer, while the other 11 treasurers are appointed by the governor or elected by the legislature. Texas and New York do not have treasurers, but do have state comptrollers who perform similar functions and are part of the National Association of State Treasurers. [9] Some states elect both a state treasurer and a state comptroller. In Illinois, for example, the treasurer invests the public funds, while the comptroller writes the checks to cover the state's expenses. [10]

47 of the 50 states have a secretary of state. 35 of those states popularly elect the secretary of the state, while in the other states either the governor appoints or the legislature elects the secretary of state. [11] Because the foreign policy of the United States is handled at the federal level, the duties of the position are very different from those of the United States Secretary of State. In many states, the secretary of state is the chief elections officer. Other duties vary from state to state. [12]

Other elected officers

Various other constitutional offices also exist. Every state has a state auditor, who performs audits to ensure that government money is spent properly. [13] Some states, such as Colorado and Michigan, elect the regents of state universities in statewide elections. [14] Some states, such as Florida, elect an agriculture commissioner, who oversees the state department of agriculture. In addition to other offices, North Carolina elects a commissioner of labor, commissioner of insurance, and superintendent of public instruction. [15] Texas elects a land commissioner, who oversees use of state-controlled land. [16]

Some states have positions that are not elected on a statewide basis, but rather by state districts. The Massachusetts Governor's Council consists of eight officials elected from eight districts. The council has power over appointments and other issues. [17] The Mississippi Public Service Commission regulates utilities in the state of Mississippi. Its members are elected from three districts across the state. [18]

Appointed offices

Many state constitutions establish appointed positions. For example, the Constitution of California establishes the California Public Utilities Commission to regulate public utilities. Board members are appointed by the governor to six-year terms. [19] The Constitution of New Jersey establishes a secretary of state and attorney general, both appointed by the governor, while the Constitution of Michigan establishes an appointed state treasurer. [20] [21] However, most appointed positions are specifically established by statute or executive order.

Legislative offices

Similar to the United States Constitution, the constitution of each state may require that the legislature choose officers. For example, Article II of the Pennsylvania Constitution requires that the Senate elect a President pro tempore, who presides over the senate when the Lieutenant Governor is absent, and that the House of Representatives elect a Speaker. [22] In contrast, Article V of the Montana Constitution only requires that each house choose its own officers from among members of that house. [23] In many states, such as Texas, the lieutenant governor fills a dual role as an executive officer and as the presiding officer of the senate. [3]

Other offices

Some states do not define judges as "officers", but regardless, all state constitutions establish a judicial system, including a state supreme court. [24] Some state constitutions, like Maryland, allow judges to appoint officers of the court as necessary. [25] Some state constitutions establish other offices. The Constitution of Virginia requires each county and city to elect a treasurer, sheriff, state's attorney, clerk, and commissioner of revenue. [26] Conversely, Article 10 of the Constitution of Ohio does not establish any offices, but does allow for such offices to be established by statute. [27] The Constitution of Maryland establishes the Baltimore City Council and the office of Mayor of Baltimore. [28]

Collective duties

The relative power of the state constitutional officers varies from state to state. In Florida, major executive decisions are not made by the governor alone, but rather by a vote of the four members of the Florida Cabinet. This creates, in effect, a "plural executive." [29] New Hampshire has an executive council that performs many of the duties usually performed by governors. [30] The North Carolina Council of State, made up of the state's executive constitutional officers, does not make major executive decisions as in Florida, but does have control over state land. [31] In most other states, such as California, ultimate executive power is vested in the governor alone, although other state constitutional officers still have their own powers and duties. [32] Strong state cabinets can provide checks and balances on the governor. On the other hand, divided power can also prevent major reforms from occurring. [14]

In some states, such as Ohio, state constitutional officers play a major role in redistricting. [33] In some states, including North Carolina, the statewide elected officials are not a part of the cabinet, which is instead composed of gubernatorial appointees. [34]

Statewide elections

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The number of officials directly elected by the entire voting population of the state, not including judges, lieutenant governors elected on the same ticket as the governor, and federal offices
  One statewide election
  Two statewide elections
  Three statewide elections
  Four statewide elections
  Five statewide elections
  Six statewide elections
  Seven statewide elections
  Eight statewide elections
  Nine statewide elections
  Ten or more statewide elections

All states except Louisiana hold their statewide elections on the first Tuesday following the first Monday in November. Many states, such as Virginia and North Carolina, elect all constitutional officers concurrently to four-year terms. [15] [35] In other states, such as Texas, officials are elected at different times to terms of varying lengths. [16] In Vermont and New Hampshire, constitutional officers are elected to two year terms. In some states, such as Nevada, some or all constitutional officers have term limits. [36] Depending on state law, many officials can be recalled. [37] In roughly half of the states with the position, the lieutenant governor is elected separately from the governor. In the other half of the states, the lieutenant governor is elected jointly with the governor. In some states, the lieutenant governor nominees are chosen separately in the primary but run jointly with gubernatorial nominees in the general election. [38]

The number of constitutional officers and elections varies greatly from state to state. New Jersey only has one statewide election, choosing a governor and lieutenant governor on the same ticket. [39] North Carolina, on the other hand, elects ten different constitutional officers. [15] Including judges, Texas elects 29 different officials in statewide elections. [16] In many states, the lower offices serve as launching pads for higher offices. [1] [10] In some states, if a statewide elected official other than the governor dies or resigns, the governor can appoint a replacement. [40] However, this power may be limited; in Utah, the governor has to choose from a list of three candidates provided by the party that last held the office. [41]

See also

Notes

Related Research Articles

<span class="mw-page-title-main">Governor of North Carolina</span> Head of state and government of the U.S. state of North Carolina

The governor of North Carolina is the head of government of the U.S. state of North Carolina. Seventy-five people have held the office since its inception in 1776. The governor serves a term of four years and chairs the collective body of the state's elected executive officials, the Council of State. The governor's powers and responsibilities are prescribed by the state constitution and by law. They serve as the North Carolina's chief executive and are tasked by the constitution with faithfully carrying out the laws of the state. They are ex officio commander in chief of the North Carolina National Guard and director of the state budget. The office has extensive powers of appointment of executive branch officials, some judges, and members of boards and commissions. Governors are also empowered to grant pardons and veto legislation.

<span class="mw-page-title-main">North Carolina Council of State</span> Collective decision-making body of the state

The North Carolina Council of State is the collective body of ten elective executive offices in the state government of North Carolina, all of which are established by the state constitution. The Council of State includes the Governor, Lieutenant Governor, Secretary of State, State Auditor, Treasurer, Superintendent of Public Instruction, Attorney General, Commissioner of Agriculture, Commissioner of Labor, and Commissioner of Insurance. Together with the North Carolina Cabinet and several independent agencies, the Council of State offices constitute the executive branch of North Carolina's state government.

<span class="mw-page-title-main">Government of Maryland</span> State government of the United States

The government of Maryland is conducted according to the Maryland Constitution. The United States is a federation; consequently, the government of Maryland, like the other 49 state governments, has exclusive authority over matters that lie entirely within the state's borders, except as limited by the Constitution of the United States.

<span class="mw-page-title-main">Government of Illinois</span> Government of a U.S. state

The Government of Illinois, under Illinois' Constitution, has three branches of government: Executive, Legislative, and Judicial. The State's executive branch is split into several statewide elected offices, with the Governor as chief executive and head of state, and has numerous departments, agencies, boards and commissions. Legislative functions are granted to the General Assembly, a bicameral body consisting of the 118-member House of Representatives and the 59-member Senate. The judiciary is composed of the Supreme Court of Illinois and lower courts.

<span class="mw-page-title-main">Secretary of state (U.S. state government)</span> Official in the state governments of the United States

The secretary of state is an official in the state governments of 47 of the 50 states of the United States, as well as Puerto Rico and other U.S. possessions. In Massachusetts, Pennsylvania, and Virginia, this official is called the secretary of the commonwealth. In states that have one, the secretary of state is the chief administrative officer of the state and is often the primary custodian of important state records. In the states of Alaska, Hawaii, and Utah, there is no secretary of state; in those states many duties that a secretary of state might normally execute fall within the domain of the lieutenant governor. Like the lieutenant governor, in most states, the secretary of state is in the line of succession to succeed the governor, in most cases immediately behind the lieutenant governor. In three states with no lieutenant governor as well as the U.S. territory of Puerto Rico, the secretary of state is first in the line of succession in the event of a gubernatorial vacancy.

<span class="mw-page-title-main">Government of Texas</span> Government of the U.S. state of Texas

The government of Texas operates under the Constitution of Texas and consists of a unitary democratic state government operating under a presidential system that uses the Dillon Rule, as well as governments at the county and municipal levels.

<span class="mw-page-title-main">Government of Oklahoma</span> Government of the U.S. state of Oklahoma

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<span class="mw-page-title-main">Vermont Auditor of Accounts</span> One of six constitutional officers in Vermont, elected statewide every two years

The Vermont State Auditor of Accounts is one of six constitutional officers in Vermont, elected statewide every two years. The Office provides an independent and objective assessment of Vermont's governmental operations.

<span class="mw-page-title-main">Secretary of State of Texas</span> Member of the executive department of the state of Texas

The secretary of state of Texas is one of the six members of the executive department of the State of Texas in the United States. Under the Constitution of Texas, the appointment is made by the governor of Texas, with confirmation by the Texas Senate.

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<span class="mw-page-title-main">Illinois Treasurer</span> Elected official

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A lieutenant governor is an official in state governments of 45 out of 50 of the United States. In most cases, the lieutenant governor is the highest officer of state after the governor, standing in for that officer when they are absent from the state or temporarily incapacitated. In the event a governor dies, resigns or is removed from office, the lieutenant governor typically becomes governor.

<span class="mw-page-title-main">Elections in Connecticut</span> Overview of the procedure of elections in the U.S. state of Connecticut

Various kinds of elections in Connecticut occurs annually in each of the state's cities and towns, the exact type of which is dependent on the year. Elections for federal and statewide offices occur in even-numbered years, while municipal elections occur in odd-numbered ones. The office of the Connecticut Secretary of State oversees the election process, including voting and vote counting. In a 2020 study, Connecticut was ranked as the 20th easiest state for citizens to vote in.

<span class="mw-page-title-main">2018 Arkansas elections</span>

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<span class="mw-page-title-main">1994 Illinois elections</span>

Elections were held in Illinois on Tuesday, November 8, 1994. Primaries were held on March 15, 1994.

<span class="mw-page-title-main">1978 Illinois elections</span>

Elections were held in Illinois on Tuesday, November 7, 1978.

The Government of the U.S. State of Nebraska, established by the Nebraska Constitution, is a republican democracy modeled after the Federal Government of the United States. The state government has three branches: the executive, the legislative, and the judicial. Through a system of separation of powers, or "checks and balances," each of these branches has some authority to act on its own, and also some authority to regulate the other two branches, so that all three branches can limit and balance the others' authority. The State Government is based in Lincoln, the capital city of Nebraska.

References

  1. 1 2 Mansnerus, Laura (March 27, 2005). "The Advantage of Having A Lieutenant Governor". On Politics. The New York Times. Retrieved December 26, 2013.
  2. ↑ Sulzberger, A.G. (December 3, 2010). "Jokes and Secret Hopes for Lieutenant Governors". The New York Times. Retrieved December 26, 2013.
  3. 1 2 McNeely, Dave (July 11, 2013). "Dave McNeely: Why is Lieutenant Governor Important in Texas Politics?". Abilene Reporter News. Retrieved December 26, 2013.
  4. ↑ "About NAAG". National Association of Attorneys General. Retrieved December 26, 2013.
  5. 1 2 Rowand, Cathy (September 12, 2011). "Big Cases Put State's Attorney General in Spotlight". The Journal Gazette. Fort Wayne, IN. Retrieved December 26, 2013.
  6. 1 2 Johnson, Charles S. (October 6, 2012). "Bucy, Fox Compare Experience in Attorney General Race". Billings Gazette. Retrieved December 26, 2013.
  7. ↑ Peter, Lattman (December 21, 2010). "Cuomo Sues Ernst & Young Over Lehman". The New York Times. Retrieved December 26, 2013.
  8. ↑ Henderson, Jeff (December 11, 2013). "John Morgan's Son Mike No Match for Bondi, Sheldon or Thurston". Sunshine State News. Retrieved December 26, 2013.
  9. ↑ "About Our Association". National Association of State Treasurers. Retrieved December 27, 2013.
  10. 1 2 Wetterich, Chris (July 9, 2011). "Madigan Blocking Merger of Treasurer, Comptroller's Offices". The State Journal-Register. Retrieved December 26, 2013.
  11. ↑ Long, Robert (June 4, 2013). "Legislators Kill Bill to Allow Statewide Elections of Constitutional Officers". Bangor Daily News. Retrieved December 26, 2013.
  12. ↑ "Secretary of State". State and Local Government on the Net. Retrieved December 27, 2013.
  13. ↑ Thompson, Lindsey. "What Are the Qualifications to Be an Auditor of the State?". The Houston Chronicle. Retrieved December 26, 2013.
  14. 1 2 Virgin, Bill (October 13, 2004). "Too Many Statewide Elected Officials?". Seattle Post-Intelligencer. Retrieved December 25, 2013.
  15. 1 2 3 Gray, Becki (February 3, 2012). "Don't Forget Council of State Races". Carolina Journal. Retrieved December 26, 2013.
  16. 1 2 3 "Statewide Elected Officials". Texas Secretary of State. Retrieved December 26, 2013.
  17. ↑ "Governor's Council". Commonwealth of Massachusetts. Retrieved December 27, 2013.
  18. ↑ "Commissioner". Mississippi Public Service Commission. Retrieved December 27, 2013.
  19. ↑ "California Constitution - Article 12". Official California Legislative Information. Retrieved December 29, 2013.
  20. ↑ "New Jersey State Constitution 1947 (Updated through Amendments Adopted in November, 2013)". New Jersey Legislature. Retrieved December 29, 2013.
  21. ↑ "Principal Departments". Constitution of Michigan. Michigan Legislature. Article V, Section 2. Retrieved December 29, 2013.
  22. ↑ "Constitution of Pennsylvania". Commonwealth of Pennsylvania. Retrieved December 29, 2013.
  23. ↑ "Constitution of Montana" (PDF). State of Montana. Archived from the original (PDF) on July 19, 2013. Retrieved December 29, 2013.
  24. ↑ "Ethics: Definitions of 'Public Official' and 'Public Officer'". National Conference of State Legislators. Archived from the original on December 30, 2013. Retrieved December 29, 2013.
  25. ↑ "Article IV". Constitution of Maryland. State of Maryland. Retrieved December 29, 2013.
  26. ↑ "Constitution of Virginia". Commonwealth of Virginia. Retrieved December 29, 2013.
  27. ↑ "County and Township Organizations". Ohio Constitution. Ohio General Assembly. Article 10. Retrieved December 29, 2013.
  28. ↑ "Article XI". Constitution of Maryland. State of Maryland. Retrieved December 29, 2013.
  29. ↑ Perz, Kent J. (April 2008). "The New Constitutional Cabinet—'Florida's Four'". The Florida Bar Journal. 82 (4).
  30. ↑ Honigberg, Martin (November 15, 2012). "Special Report on 2012 Elections". From the Dome. Greater Concord Chamber of Commerce. Retrieved December 26, 2013.
  31. ↑ Severson, Kim (December 11, 2012). "GOP's Full Control in Long-Moderate North Carolina May Leave Lasting Stamp". The New York Times. Retrieved December 26, 2013.
  32. ↑ "Constitutional Officers" (PDF). California Secretary of State. Retrieved December 25, 2013.
  33. ↑ "Redistricting Commissions: Legislative Plans". National Conference of State Legislators. Retrieved December 25, 2013.
  34. ↑ "Who Serves in the Governor's Cabinet?". The News & Observer. November 12, 2008. Retrieved December 25, 2013.
  35. ↑ McCartney, Robert (December 18, 2013). "Mark Herring's Victory in Virginia Confirms Democrats' Advantage in Statewide Races". Washington Post. Retrieved December 26, 2013.
  36. ↑ Whaley, Sean (August 1, 2013). "Nevada Term Limits Turns Elections into Forced Game of Musical Chairs". Las Vegas Review-Journal. Retrieved December 26, 2013.
  37. ↑ "Recall of State Officials". National Conference of State Legislators. Retrieved December 27, 2013.
  38. ↑ "Methods of Election". NLGA. Retrieved December 27, 2013.
  39. ↑ Megerian, Chris (June 26, 2009). "Corzine Signs NJ's Lieutenant Governor Legislation into Law". NJ.com. Retrieved December 26, 2013.
  40. ↑ O'Brien, John (May 24, 2011). "Pennsylvania Has New Attorney General". Legal Newsline. Retrieved December 26, 2013.
  41. ↑ Tolman, Brett L. (November 21, 2013). "Op-ed: Governor, not Party Bosses, Should Pick AG". The Salt Lake Tribune. Retrieved December 26, 2013.
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