State constitutional officer: Difference between revisions
Content deleted Content added
m Disambiguating links to Government of New York (link changed to Government of New York (state)) using DisamAssist. |
|||
| (47 intermediate revisions by 29 users not shown) | |||
| Line 1: | Line 1: | ||
{{Short description|Leadership position in a state government of the United States}} |
|||
{{Use mdy dates|date=December 2013}} |
|||
{{US state gov}} |
|||
{{Politics of the United States}} |
{{Politics of the United States}} |
||
In the [[United States]], each [[ |
In the [[United States]], each [[U.S. state|state]] and [[Territories of the United States|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 [[State constitution (United States)|constitution]] and statutes of each state. State constitutional officers may reside in the [[Executive (government)|executive]] or [[legislative]] branch, while state constitutions also establish the [[State court (United States)|judicial system]] of the state, including [[state supreme court]]s. |
||
==Executive offices== |
==Executive offices== |
||
The [[United States |
The [[governor (United States)|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 of the United States|National Guard]], and in many states and territories the governor has partial or absolute power to [[Commutation of sentence|commute]] or [[pardon]] a [[Criminal law|criminal]] [[Sentence (law)|sentence]]. |
||
45 of the 50 states have a [[Lieutenant governor (United States)|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, |
45 of the 50 states have a [[Lieutenant governor (United States)|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]].<ref name=Mansnerus /> However, some lieutenant governors do have significant responsibilities.<ref name=Jokes>{{cite news|last=Sulzberger|first=A.G.|title=Jokes and Secret Hopes for Lieutenant Governors|url=https://www.nytimes.com/2010/12/04/us/04lieutenant.html?pagewanted=all|access-date=December 26, 2013|newspaper=The New York Times|date=December 3, 2010}}</ref> In Texas, the [[Lieutenant Governor of Texas|lieutenant governor]] has numerous powers over the legislative process, particularly in the [[Texas Senate|senate]].<ref name=McNeely>{{cite news|last=McNeely|first=Dave|title=Dave McNeely: Why is Lieutenant Governor Important in Texas Politics?|url=http://www.reporternews.com/news/2013/jul/11/dave-mcneely-why-is-lieutenant-governor-in-texas/|access-date=December 26, 2013|newspaper=Abilene Reporter News|date=July 11, 2013}}</ref> |
||
Every state has an [[State attorney general|attorney general]], who is the chief legal advisor to the [[state governments of the United States|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.<ref name=NAAG>{{cite web|title=About NAAG|url=http://www.naag.org/about_naag.php|publisher= |
Every state has an [[State attorney general|attorney general]], who is the chief legal advisor to the [[state governments of the United States|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.<ref name=NAAG>{{cite web|title=About NAAG|url=http://www.naag.org/about_naag.php|publisher= National Association of Attorneys General |access-date=December 26, 2013}}</ref> Attorneys general often have wide discretion in what cases to prosecute and how to settle cases.<ref name="Big cases" /> 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.<ref name=Billings>{{cite news|last=Johnson|first=Charles S.|title=Bucy, Fox Compare Experience in Attorney General Race|url=http://billingsgazette.com/news/state-and-regional/montana/bucy-fox-compare-experience-in-attorney-general-race/article_2e351cb7-3390-5c64-9011-4c32e9b31dbb.html|access-date=December 26, 2013|newspaper=Billings Gazette|date=October 6, 2012}}</ref><ref name=Cuomo>{{cite news|last=Peter|first=Lattman|title=Cuomo Sues Ernst & Young Over Lehman|url=https://dealbook.nytimes.com/2010/12/21/cuomo-sues-ernst-young-over-lehman/|access-date=December 26, 2013|newspaper=The New York Times|date=December 21, 2010}}</ref> In many states, the attorney general is arguably the second most powerful constitutional officer, after the governor.<ref name="Big cases">{{cite news|last=Rowand|first=Cathy|title=Big Cases Put State's Attorney General in Spotlight|url=http://www.journalgazette.net/article/20110911/EDIT10/309119963/-1/edit01|access-date=December 26, 2013|newspaper=The Journal Gazette|location=Fort Wayne, IN|date=September 12, 2011}}</ref><ref name=Billings /><ref name=Sunshine>{{cite news|last=Henderson|first=Jeff|title=John Morgan's Son Mike No Match for Bondi, Sheldon or Thurston|url=http://www.sunshinestatenews.com/story/john-morgans-son-mike-no-match-pam-bondi-george-sheldon-or-perry-thurston|access-date=December 26, 2013|newspaper=Sunshine State News|date=December 11, 2013}}</ref> |
||
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, |
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 surplus]]es and [[Government budget deficit|deficit]]s. 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.<ref name=NAST>{{cite web|title=About Our Association|url=http://www.nast.org/index.php?section=overview|publisher= National Association of State Treasurers |access-date=December 27, 2013}}</ref> 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.<ref name=Two>{{cite news|last=Wetterich|first=Chris|title=Madigan Blocking Merger of Treasurer, Comptroller's Offices|url=http://www.sj-r.com/x795262278/Madigan-blocking-proposed-merger-of-treasurer-comptrollers-offices|access-date=December 26, 2013|newspaper=The State Journal-Register|date=July 9, 2011}}</ref> |
||
47 of the 50 states have a [[Secretary of state (U.S. state government)|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.<ref name=Bangor>{{cite news|last=Long|first=Robert|title=Legislators |
47 of the 50 states have a [[Secretary of state (U.S. state government)|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.<ref name=Bangor>{{cite news|last=Long|first=Robert|title=Legislators Kill Bill to Allow Statewide Elections of Constitutional Officers|url=http://bangordailynews.com/2013/06/04/politics/legislators-kill-bill-to-allow-statewide-elections-of-constitutional-officers/?ref=latest|access-date=December 26, 2013|newspaper=Bangor Daily News|date=June 4, 2013}}</ref> 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 [[Secretary of state (U.S. state government)#duties|duties]] vary from state to state.<ref name=SSoS>{{cite web|title=Secretary of State|url=http://www.statelocalgov.net/50states-secretary-state.cfm|publisher=State and Local Government on the Net|access-date=December 27, 2013}}</ref> |
||
===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.<ref name=Aud>{{cite news|last=Thompson|first=Lindsey|title=What Are the Qualifications to Be an Auditor of the State?|url=http://work.chron.com/qualifications-auditor-state-16763.html| |
Various other constitutional offices also exist. Every state has a [[state auditor]], who performs [[audits]] to ensure that government money is spent properly.<ref name=Aud>{{cite news|last=Thompson|first=Lindsey|title=What Are the Qualifications to Be an Auditor of the State?|url=http://work.chron.com/qualifications-auditor-state-16763.html|access-date=December 26, 2013|newspaper=The Houston Chronicle}}</ref> Some states, such as Colorado and [[Board of Regents of the University of Michigan|Michigan]], elect the regents of state universities in statewide elections.<ref name="Too many?">{{cite news|last=Virgin|first=Bill|title=Too Many Statewide Elected Officials?|url=http://www.seattlepi.com/news/article/Too-many-statewide-elected-officials-1156647.php|access-date=December 25, 2013|newspaper=Seattle Post-Intelligencer|date=October 13, 2004}}</ref> Some states, such as Florida, elect an [[Florida Commissioner of Agriculture|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.<ref name=Gray /> Texas elects a land commissioner, who oversees use of state-controlled land.<ref name="Texas SOS" /> |
||
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.<ref name=MGC>{{cite web|title=Governor's Council|url=http://www.mass.gov/portal/government-taxes/branches-agencies/executive/govs-council.html|publisher= |
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.<ref name=MGC>{{cite web|title=Governor's Council|url=http://www.mass.gov/portal/government-taxes/branches-agencies/executive/govs-council.html|publisher=Commonwealth of Massachusetts|access-date=December 27, 2013}}</ref> The [[Mississippi Public Service Commission]] regulates utilities in the state of Mississippi. Its members are elected from three districts across the state.<ref name="Miss Commish">{{cite web|title=Commissioner|url=http://www.psc.state.ms.us/mpsc/commissioners.html|publisher=Mississippi Public Service Commission|access-date=December 27, 2013}}</ref> |
||
===Appointed offices=== |
===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.<ref name="Cal 12">{{cite web|title=California Constitution - Article 12|url=http://www.leginfo.ca.gov/.const/.article_12|publisher=Official California Legislative Information| |
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.<ref name="Cal 12">{{cite web|title=California Constitution - Article 12|url=http://www.leginfo.ca.gov/.const/.article_12|publisher=Official California Legislative Information|access-date=December 29, 2013}}</ref> 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.<ref name="NJ Con">{{cite web|title=New Jersey State Constitution 1947 (Updated through Amendments Adopted in November, 2013)|url=http://www.njleg.state.nj.us/lawsconstitution/constitution.asp|publisher=New Jersey Legislature|access-date=December 29, 2013}}</ref><ref name="Mich Con">{{cite web|work=Constitution of Michigan |at= Article V, Section 2 |title= Principal Departments |url=http://www.legislature.mi.gov/(S(ol3siw45lnxccy55q2crp0r2))/mileg.aspx?page=getObject&objectName=mcl-Article-V-2|publisher=Michigan Legislature|access-date=December 29, 2013}}</ref> However, most appointed positions are specifically established by [[statute]] or [[executive order]]. |
||
==Legislative offices== |
==Legislative offices== |
||
Similar to the [[United States Constitution]], the constitution of each state may require that the [[State legislature (United States)|legislature]] choose officers. For example, Article II of the [[Pennsylvania Constitution]] requires that the [[Pennsylvania Senate|Senate]] elect a [[President pro tempore]], who presides over the senate when the [[Pennsylvania Lieutenant Governor|Lieutenant Governor |
Similar to the [[United States Constitution]], the constitution of each state may require that the [[State legislature (United States)|legislature]] choose officers. For example, Article II of the [[Pennsylvania Constitution]] requires that the [[Pennsylvania Senate|Senate]] elect a [[President pro tempore]], who presides over the senate when the [[Pennsylvania Lieutenant Governor|Lieutenant Governor]] is absent, and that the [[Pennsylvania House of Representatives|House of Representatives]] elect a [[speaker of the house|Speaker]].<ref name="PA Con">{{cite web|title=Constitution of Pennsylvania|url=http://www.legis.state.pa.us/WU01/LI/LI/CT/HTM/00/00.HTM|publisher=Commonwealth of Pennsylvania|access-date=December 29, 2013}}</ref> In contrast, Article V of the [[Montana Constitution]] only requires that each house choose its own officers from among members of that house.<ref name="Montana Con">{{cite web|title=Constitution of Montana|url=http://courts.mt.gov/content/library/docs/72constit.pdf|publisher=State of Montana|access-date=December 29, 2013|url-status=dead|archive-url=https://web.archive.org/web/20130719142804/http://courts.mt.gov/content/library/docs/72constit.pdf|archive-date=July 19, 2013|df=mdy-all}}</ref> 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.<ref name=McNeely /> |
||
==Other offices== |
==Other offices== |
||
Some states do not define judges as "officers |
Some states do not define judges as "officers", but regardless, all state constitutions establish a [[State court (United States)|judicial system]], including a [[state supreme court]].<ref name=Definition>{{cite web|title=Ethics: Definitions of 'Public Official' and 'Public Officer'|url=http://www.ncsl.org/research/ethics/50-state-definitions-of-public-official-officer.aspx|publisher=National Conference of State Legislators|archive-date=December 30, 2013 |access-date=December 29, 2013 |url-status=dead |archive-url=https://web.archive.org/web/20131230234543/http://www.ncsl.org/research/ethics/50-state-definitions-of-public-official-officer.aspx}}</ref> Some state constitutions, like Maryland, allow judges to appoint [[Officer of the court|officers of the court]] as necessary.<ref name="Maryland IV">{{cite web|work=Constitution of Maryland |title= Article IV|url=http://msa.maryland.gov/msa/mdmanual/43const/html/04art4.html|publisher=State of Maryland|access-date=December 29, 2013}}</ref> Some state constitutions establish other offices. The [[Constitution of Virginia]] requires each county and city to elect a treasurer, [[Sheriffs in the United States|sheriff]], [[state's attorney]], [[Clerk (municipal official)#United States|clerk]], and commissioner of revenue.<ref name="Va Con">{{cite web|title=Constitution of Virginia|url=http://constitution.legis.virginia.gov/|publisher=Commonwealth of Virginia|access-date=December 29, 2013}}</ref> Conversely, Article 10 of the [[Constitution of Ohio]] does not establish any offices, but does allow for such offices to be established by statute.<ref name="Ohio Con">{{cite web|work= Ohio Constitution |at= Article 10 |title= County and Township Organizations|url=https://www.legislature.ohio.gov/laws/ohio-constitution?Part=10&ExpandSections=Yes|publisher=Ohio General Assembly|access-date=December 29, 2013}}</ref> The [[Constitution of Maryland]] establishes the [[Baltimore City Council]] and the office of [[Mayor of Baltimore]].<ref name=Baltimore>{{cite web|work=Constitution of Maryland |title= Article XI|url=http://msa.maryland.gov/msa/mdmanual/43const/html/11art11.html|publisher=State of Maryland|access-date=December 29, 2013}}</ref> |
||
==Collective duties== |
==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 |
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."<ref name="Florida Cabinet">{{cite journal|last=Perz|first=Kent J.|title=The New Constitutional Cabinet—'Florida's Four'|journal=The Florida Bar Journal|date= April 2008|volume=82|issue=4|url=http://www.floridabar.org/DIVCOM/JN/JNJournal01.nsf/4f0361bef4af101e85256f4e004d0fef/fc738d4eb3352c888525741a0069b9ef!OpenDocument}}</ref> New Hampshire has an [[Executive Council of New Hampshire|executive council]] that performs many of the duties usually performed by governors.<ref name="NH Council">{{cite news|last=Honigberg|first=Martin|department=From the Dome|title=Special Report on 2012 Elections|url=http://www.sulloway.com/index.php?option=com_content&view=article&id=538:from-the-dome-november-15-2012-special-report-on-2012-elections&catid=58&Itemid=70|access-date=December 26, 2013|newspaper=Greater Concord Chamber of Commerce|date=November 15, 2012}}</ref> 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.<ref name=Severson>{{cite news|last=Severson|first=Kim|title=GOP's Full Control in Long-Moderate North Carolina May Leave Lasting Stamp|url=https://www.nytimes.com/2012/12/12/us/politics/gop-to-take-control-in-long-moderate-north-carolina.html?_r=0|access-date=December 26, 2013|newspaper=The New York Times|date=December 11, 2012}}</ref> 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.<ref name="Cali Constitutional">{{cite web|title=Constitutional Officers|url=http://www.sos.ca.gov/admin/ca-roster/2012/pdf/01b-constitutional-officers.pdf|publisher=California Secretary of State|access-date=December 25, 2013}}</ref> Strong state cabinets can provide checks and balances on the governor. On the other hand, divided power can also prevent major reforms from occurring.<ref name="Too many?" /> |
||
In some states, such as Ohio, state constitutional officers play a major role in [[redistricting]].<ref name=NCSL>{{cite web|title= |
In some states, such as Ohio, state constitutional officers play a major role in [[redistricting]].<ref name=NCSL>{{cite web|title=Redistricting Commissions: Legislative Plans|url=http://www.ncsl.org/research/redistricting/2009-redistricting-commissions-table.aspx|publisher=National Conference of State Legislators|access-date=December 25, 2013}}</ref> In some states, including North Carolina, the [[North Carolina Council of State|statewide elected officials]] are not a part of the [[North Carolina Cabinet|cabinet]], which is instead composed of gubernatorial appointees.<ref name=NC>{{cite news |title= Who Serves in the Governor's Cabinet?|url= http://projects.newsobserver.com/under_the_dome/faq/who_serves_in_the_governors_cabinet |access-date= December 25, 2013 |newspaper= The News & Observer |date= November 12, 2008}}</ref> |
||
==Statewide elections== |
==Statewide elections== |
||
[[File:Statewide elections.png|thumb|400px|The number of officials directly elected by the entire voting population of the state, not including [[Judge#United States|judges]], lieutenant governors elected on the same ticket as the governor, and federal offices |
[[File:Statewide elections.png|thumb|400px|The number of officials directly elected by the entire voting population of the state, not including [[Judge#United States|judges]], lieutenant governors elected on the same ticket as the governor, and federal offices |
||
{{columns-list| |
{{columns-list|colwidth=30em| |
||
{{legend|#f30b11|One statewide election}}<ref group=note name=one>Six states: [[Government of Alaska|Alaska]], [[Government of Hawaii|Hawaii]], [[Government of Maine|Maine]], [[Government of New Hampshire|New Hampshire]], [[Government of New Jersey|New Jersey]] and [[Government of Tennessee|Tennessee]]</ref> |
|||
{{legend|#f30b11|One statewide election}} |
|||
{{legend|#f86e08|Two statewide elections}} |
{{legend|#f86e08|Two statewide elections}}<ref group=note name=two>One state: [[Government of Maryland|Maryland]]</ref> |
||
{{legend|#f30be5|Three statewide elections}} |
{{legend|#f30be5|Three statewide elections}}<ref group=note name=three>Three states: [[Government of Michigan|Michigan]], [[Government of New York (state)|New York]] and [[Government of Virginia|Virginia]]</ref> |
||
{{legend|#0b0bf3|Four statewide elections}}<ref group=note name=four>Four states: [[Government of Colorado|Colorado]], [[Government of Florida|Florida]], [[Government of Minnesota|Minnesota]] and [[Government of Utah|Utah]]</ref> |
|||
{{legend|#0b0bf3|Four statewide elections}} |
|||
{{legend|#0bf3d5|Five statewide elections}}<ref group=note name=five>Twelve states: [[Government of Connecticut|Connecticut]], [[Government of Delaware|Delaware]], [[Government of Illinois|Illinois]], [[Government of Kansas|Kansas]], [[Government of Montana|Montana]], [[Government of Nebraska|Nebraska]], [[Government of Ohio|Ohio]], [[Government of Oregon|Oregon]], [[Government of Pennsylvania|Pennsylvania]], [[Government of Rhode Island|Rhode Island]], [[Government of Wisconsin|Wisconsin]] and [[Government of Wyoming|Wyoming]]</ref> |
|||
{{legend|#0bf3d5|Five statewide elections}} |
|||
{{legend|#3cf30b|Six statewide elections}}<ref group=note name=six>Nine states: [[Government of Indiana|Indiana]], [[Government of Iowa|Iowa]], [[Government of Kentucky|Kentucky]], [[Government of Massachusetts|Massachusetts]], [[Government of Missouri|Missouri]], [[Government of Nevada|Nevada]], [[Government of New Mexico|New Mexico]], [[Government of Vermont|Vermont]] and [[Government of West Virginia|West Virginia]]</ref> |
|||
{{legend|#3cf30b|Six statewide elections}} |
|||
{{legend|#e0f30b|Seven statewide elections}} |
{{legend|#e0f30b|Seven statewide elections}}<ref group=note name=seven>Three states: [[Government of Arkansas|Arkansas]], [[Government of Idaho|Idaho]] and [[Government of Louisiana|Louisiana]]</ref> |
||
{{legend|#462020|Eight statewide elections}}<ref group=note name=eight>Three states: [[Government of California|California]], [[Government of Georgia (U.S. state)|Georgia]] and [[Government of Mississippi|Mississippi]]</ref> |
|||
{{legend|#462020|Eight statewide elections}} |
|||
{{legend|#007f00|Nine statewide elections}}<ref group=note name=nine>Three states: [[Government of South Carolina|South Carolina]], [[Government of Texas|Texas]] and [[Government of Washington (state)|Washington]]</ref> |
|||
{{legend|#007f00|Nine statewide elections}} |
|||
{{legend|#cccccc|Ten or more statewide elections}}<ref group=note name=ten>Six states: [[Government of Alabama|Alabama]], [[Government of Arizona|Arizona]], [[Government of North Carolina|North Carolina]], [[Government of North Dakota|North Dakota]], [[Government of Oklahoma|Oklahoma]] and [[Government of South Dakota|South Dakota]]</ref> |
|||
{{legend|#cccccc|Ten or more statewide elections}} |
|||
}}]] |
}}]] |
||
All states except [[Governor (United States)#Louisiana|Louisiana]] hold their statewide [[Election Day (United States)|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.<ref name=Gray>{{cite news|last=Gray|first=Becki|title= |
All states except [[Governor (United States)#Louisiana|Louisiana]] hold their statewide [[Election Day (United States)|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.<ref name=Gray>{{cite news|last=Gray|first=Becki|title=Don't Forget Council of State Races|url=http://www.carolinajournal.com/exclusives/display_exclusive.html?id=8732|access-date=December 26, 2013|newspaper=Carolina Journal|date=February 3, 2012}}</ref><ref name=Va.>{{cite news|last=McCartney|first=Robert|title=Mark Herring's Victory in Virginia Confirms Democrats' Advantage in Statewide Races|url=https://www.washingtonpost.com/local/mark-herrings-victory-in-virginia-confirms-democrats-advantage-in-statewide-races/2013/12/18/d3118780-682f-11e3-a0b9-249bbb34602c_story.html|access-date=December 26, 2013|newspaper=Washington Post|date=December 18, 2013}}</ref> In other states, such as Texas, officials are elected at different times to terms of varying lengths.<ref name="Texas SOS" /> 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.<ref name=Whaley>{{cite news|last=Whaley|first=Sean|title=Nevada Term Limits Turns Elections into Forced Game of Musical Chairs|url=http://www.reviewjournal.com/news/elections/nevada-term-limits-turns-elections-forced-game-musical-chairs|access-date=December 26, 2013|newspaper=Las Vegas Review-Journal|date=August 1, 2013}}</ref> Depending on state law, many officials can be [[recall election|recalled]].<ref name=Recal>{{cite web|title=Recall of State Officials|url=http://www.ncsl.org/research/elections-and-campaigns/recall-of-state-officials.aspx|publisher=National Conference of State Legislators|access-date=December 27, 2013}}</ref> 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.<ref name=Methods>{{cite web|title=Methods of Election|url=http://www.nlga.us/lt-governors/office-of-lieutenant-governor/methods-of-election/|publisher=NLGA|access-date=December 27, 2013}}</ref> |
||
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.<ref name=Megerian>{{cite news|last=Megerian|first=Chris|title=Corzine |
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.<ref name=Megerian>{{cite news|last=Megerian|first=Chris|title=Corzine Signs NJ's Lieutenant Governor Legislation into Law|url=http://www.nj.com/news/index.ssf/2009/06/corzine_signs_lieutenant_gover.html|access-date=December 26, 2013|newspaper=NJ.com|date=June 26, 2009}}</ref> North Carolina, on the other hand, elects ten different constitutional officers.<ref name=Gray /> Including judges, Texas elects 29 different officials in statewide elections.<ref name="Texas SOS">{{cite web|title=Statewide Elected Officials|url=http://www.sos.state.tx.us/elections/voter/elected.shtml|publisher=Texas Secretary of State|access-date=December 26, 2013}}</ref> In many states, the lower offices serve as launching pads for higher offices.<ref name=Mansnerus>{{cite news|last=Mansnerus|first=Laura|department=On Politics |title= The Advantage of Having A Lieutenant Governor|url=https://query.nytimes.com/gst/fullpage.html?res=9400E2DE153FF934A15750C0A9639C8B63|access-date=December 26, 2013|newspaper=The New York Times|date=March 27, 2005}}</ref><ref name=Two /> In some states, if a statewide elected official other than the governor dies or resigns, the governor can appoint a replacement.<ref name=Kelly>{{cite news|last=O'Brien|first=John|title=Pennsylvania Has New Attorney General|url=http://legalnewsline.com/news/232851-pennsylvania-has-new-attorney-general|access-date=December 26, 2013|newspaper=Legal Newsline|date=May 24, 2011}}</ref> 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.<ref name=Utah>{{cite news|last=Tolman|first=Brett L.|title=Op-ed: Governor, not Party Bosses, Should Pick AG|url=http://m.sltrib.com/sltrib/mobile3/57164253-219/governor-utah-attorney-general.html.csp|access-date=December 26, 2013|newspaper=The Salt Lake Tribune|date=November 21, 2013}}</ref> |
||
==See also== |
==See also== |
||
*[[State governments of the United States]] |
*[[State governments of the United States]] |
||
*[[Comparison of U.S. state governments]] |
*[[Comparison of U.S. state and territory governments]] |
||
*[[State supreme |
*[[State supreme court]] (United States) |
||
*[[State court (United States)]] |
*[[State court (United States)]] |
||
*[[State legislature (United States)]] |
*[[State legislature (United States)]] |
||
*[[State constitution (United States)]] |
*[[State constitution (United States)]] |
||
*[[List of U.S. statewide elected officials]] |
|||
==Notes== |
|||
{{Reflist|group=note}} |
|||
==References== |
==References== |
||
{{Reflist}} |
{{Reflist|30em}} |
||
==External links== |
==External links== |
||
* [http://www.unc.edu/~beyle/gubnewpwr.html The Institutional Power Ratings for the 50 Governors of the United States] |
* [http://www.unc.edu/~beyle/gubnewpwr.html The Institutional Power Ratings for the 50 Governors of the United States] |
||
{{U.S. |
{{U.S. Elections by State}} |
||
[[Category:Government occupations]] |
[[Category:Government occupations]] |
||
[[Category:State government in the United States]] |
[[Category:State government in the United States|Constitutional officer]] |
||
[[Category:State constitutional officers |
[[Category:State constitutional officers of the United States| ]] |
||
Latest revision as of 18:19, 9 April 2024
| This article is part of a series on the |
| State governments of the United States |
|---|
 |
|
|
| Executive |
|
| Legislative |
(Alabama to Missouri, Montana to Wyoming) |
| Judiciary |
| Local offices |
 Politics portal United States portal |
| This article is part of a series on the |
| Politics of the United States |
|---|
|
|
|
_US_House_of_Representatives.svg){kind=small}
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.
Executive offices
[edit]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
[edit]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
[edit]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
[edit]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
[edit]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
[edit]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
[edit]
One statewide election
[note 1] Two statewide elections
[note 2] Three statewide elections
[note 3] Four statewide elections
[note 4] Five statewide elections
[note 5] Six statewide elections
[note 6] Seven statewide elections
[note 7] Eight statewide elections
[note 8] Nine statewide elections
[note 9] Ten or more statewide elections
[note 10]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
[edit]- State governments of the United States
- Comparison of U.S. state and territory governments
- State supreme court (United States)
- State court (United States)
- State legislature (United States)
- State constitution (United States)
- List of U.S. statewide elected officials
Notes
[edit]- ^ Six states: Alaska, Hawaii, Maine, New Hampshire, New Jersey and Tennessee
- ^ One state: Maryland
- ^ Three states: Michigan, New York and Virginia
- ^ Four states: Colorado, Florida, Minnesota and Utah
- ^ Twelve states: Connecticut, Delaware, Illinois, Kansas, Montana, Nebraska, Ohio, Oregon, Pennsylvania, Rhode Island, Wisconsin and Wyoming
- ^ Nine states: Indiana, Iowa, Kentucky, Massachusetts, Missouri, Nevada, New Mexico, Vermont and West Virginia
- ^ Three states: Arkansas, Idaho and Louisiana
- ^ Three states: California, Georgia and Mississippi
- ^ Three states: South Carolina, Texas and Washington
- ^ Six states: Alabama, Arizona, North Carolina, North Dakota, Oklahoma and South Dakota
References
[edit]- ^ a b Mansnerus, Laura (March 27, 2005). "The Advantage of Having A Lieutenant Governor". On Politics. The New York Times. Retrieved December 26, 2013.
- ^ Sulzberger, A.G. (December 3, 2010). "Jokes and Secret Hopes for Lieutenant Governors". The New York Times. Retrieved December 26, 2013.
- ^ a b McNeely, Dave (July 11, 2013). "Dave McNeely: Why is Lieutenant Governor Important in Texas Politics?". Abilene Reporter News. Retrieved December 26, 2013.
- ^ "About NAAG". National Association of Attorneys General. Retrieved December 26, 2013.
- ^ a b Rowand, Cathy (September 12, 2011). "Big Cases Put State's Attorney General in Spotlight". The Journal Gazette. Fort Wayne, IN. Retrieved December 26, 2013.
- ^ a b Johnson, Charles S. (October 6, 2012). "Bucy, Fox Compare Experience in Attorney General Race". Billings Gazette. Retrieved December 26, 2013.
- ^ Peter, Lattman (December 21, 2010). "Cuomo Sues Ernst & Young Over Lehman". The New York Times. Retrieved December 26, 2013.
- ^ Henderson, Jeff (December 11, 2013). "John Morgan's Son Mike No Match for Bondi, Sheldon or Thurston". Sunshine State News. Retrieved December 26, 2013.
- ^ "About Our Association". National Association of State Treasurers. Retrieved December 27, 2013.
- ^ a b Wetterich, Chris (July 9, 2011). "Madigan Blocking Merger of Treasurer, Comptroller's Offices". The State Journal-Register. Retrieved December 26, 2013.
- ^ Long, Robert (June 4, 2013). "Legislators Kill Bill to Allow Statewide Elections of Constitutional Officers". Bangor Daily News. Retrieved December 26, 2013.
- ^ "Secretary of State". State and Local Government on the Net. Retrieved December 27, 2013.
- ^ Thompson, Lindsey. "What Are the Qualifications to Be an Auditor of the State?". The Houston Chronicle. Retrieved December 26, 2013.
- ^ a b Virgin, Bill (October 13, 2004). "Too Many Statewide Elected Officials?". Seattle Post-Intelligencer. Retrieved December 25, 2013.
- ^ a b c Gray, Becki (February 3, 2012). "Don't Forget Council of State Races". Carolina Journal. Retrieved December 26, 2013.
- ^ a b c "Statewide Elected Officials". Texas Secretary of State. Retrieved December 26, 2013.
- ^ "Governor's Council". Commonwealth of Massachusetts. Retrieved December 27, 2013.
- ^ "Commissioner". Mississippi Public Service Commission. Retrieved December 27, 2013.
- ^ "California Constitution - Article 12". Official California Legislative Information. Retrieved December 29, 2013.
- ^ "New Jersey State Constitution 1947 (Updated through Amendments Adopted in November, 2013)". New Jersey Legislature. Retrieved December 29, 2013.
- ^ "Principal Departments". Constitution of Michigan. Michigan Legislature. Article V, Section 2. Retrieved December 29, 2013.
- ^ "Constitution of Pennsylvania". Commonwealth of Pennsylvania. Retrieved December 29, 2013.
- ^ "Constitution of Montana" (PDF). State of Montana. Archived from the original (PDF) on July 19, 2013. Retrieved December 29, 2013.
- ^ "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.
- ^ "Article IV". Constitution of Maryland. State of Maryland. Retrieved December 29, 2013.
- ^ "Constitution of Virginia". Commonwealth of Virginia. Retrieved December 29, 2013.
- ^ "County and Township Organizations". Ohio Constitution. Ohio General Assembly. Article 10. Retrieved December 29, 2013.
- ^ "Article XI". Constitution of Maryland. State of Maryland. Retrieved December 29, 2013.
- ^ Perz, Kent J. (April 2008). "The New Constitutional Cabinet—'Florida's Four'". The Florida Bar Journal. 82 (4).
- ^ Honigberg, Martin (November 15, 2012). "Special Report on 2012 Elections". From the Dome. Greater Concord Chamber of Commerce. Retrieved December 26, 2013.
- ^ 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.
- ^ "Constitutional Officers" (PDF). California Secretary of State. Retrieved December 25, 2013.
- ^ "Redistricting Commissions: Legislative Plans". National Conference of State Legislators. Retrieved December 25, 2013.
- ^ "Who Serves in the Governor's Cabinet?". The News & Observer. November 12, 2008. Retrieved December 25, 2013.
- ^ McCartney, Robert (December 18, 2013). "Mark Herring's Victory in Virginia Confirms Democrats' Advantage in Statewide Races". Washington Post. Retrieved December 26, 2013.
- ^ Whaley, Sean (August 1, 2013). "Nevada Term Limits Turns Elections into Forced Game of Musical Chairs". Las Vegas Review-Journal. Retrieved December 26, 2013.
- ^ "Recall of State Officials". National Conference of State Legislators. Retrieved December 27, 2013.
- ^ "Methods of Election". NLGA. Retrieved December 27, 2013.
- ^ Megerian, Chris (June 26, 2009). "Corzine Signs NJ's Lieutenant Governor Legislation into Law". NJ.com. Retrieved December 26, 2013.
- ^ O'Brien, John (May 24, 2011). "Pennsylvania Has New Attorney General". Legal Newsline. Retrieved December 26, 2013.
- ^ Tolman, Brett L. (November 21, 2013). "Op-ed: Governor, not Party Bosses, Should Pick AG". The Salt Lake Tribune. Retrieved December 26, 2013.