GOVERNOR
Governors, all of whom are popularly elected, serve as the chief executive officers of the fifty states and five commonwealths and territories. As state managers, governors are responsible for implementing state laws and overseeing the operation of the state executive branch. As state leaders, governors advance and pursue new and revised policies and programs using a variety of tools, among them executive orders, executive budgets, and legislative proposals and vetoes. Governors carry out their management and leadership responsibilities and objectives with the support and assistance of department and agency heads, many of whom they are empowered to appoint. A majority of governors have the authority to appoint state court judges as well, in most cases from a list of names submitted by a nominations committee.
Although governors have many roles and responsibilities in common, the scope of powers varies from state to state in accordance with state constitutions, legislation, and tradition, and governors often are ranked by political historians and other observers of state politics according to the number and extent of their powers. Ranking factors may include the following. Although not necessarily a ranking factor, the power to issue executive orders and take emergency actions is a significant gubernatorial responsibility that varies from state to state.
· Qualifications and tenure
· Legislative—including budget and veto—authority
· Appointment sovereignty
Qualifications
States, commonwealths, and territories vary with respect to minimum age, U.S. citizenship, and state residency requirements for gubernatorial candidates and office holders. The minimum age requirement for governor’s ranges from no formal provision to age 35. The requirement of U.S. citizenship for gubernatorial candidates ranges from no formal provision to 20 years. State residency requirements range from no formal provision to 7 years.
Term Limits
Government terms are four years in every state, commonwealth, and territory but New Hampshire and Vermont, which have two-year terms. All governors with the exception of Virginia’s may succeed themselves, although they may be limited to a specific number of consecutive or total terms.
Vacancies/Succession
In the event of a vacancy in office, the lieutenant governor is the designated official who succeeds the governor in 49 states and territories (in two of which—Tennessee and West Virginia—the president/speaker of the Senate and lieutenant governor are one and the same). In the remaining 5 states and the Commonwealth of Puerto Rico, officials designated to succeed the governor include the secretary of state and leader of the senate.
Impeachment
All states except Oregon provide for the impeachment of governors. As in the case of the federal government, the impeachment process starts with the lower body of the legislature and the trial is conducted by the upper body in every state but Alaska—where the process is reversed, and Nebraska, which has a unicameral legislature charged with the full impeachment process. In most cases, impeachment requires a majority of members, while conviction generally requires a two-thirds or other special majority. Should a governor be impeached, the lieutenant governor serves as acting governor in the vast majority of states.
Appointment Power
Most governors have broad authority to nominate officials to serve in state executive branch positions—many of whom will be included in the governor’s advisory committee, known as the “cabinet.” Governors may be empowered as well to make appointments to state judgeships. Frequently, these appointments are subject to confirmation by one or both houses of the state legislature. While often pro forma in nature, the confirmation process with respect to executive branch appointments can be used by legislatures to expand their influence on governors and their policies. Accordingly, many governors consult with key legislators before making formal nominations.
Boards and Commissions
The roles played by boards and commissions vary considerably by state and by program. In some states appointed boards have the primary responsibility for individual programs and agencies and are responsible for the selection of department and agency heads. This is particularly true in the field of education, but boards still retain responsibility for a broad range of other programs in fields such as labor, transportation and health and human services. In many states the members of these boards are named or nominated by the governor. And in many of these cases, board members are subject to confirmation by one or both houses of the legislature. Other boards play more limited regulatory or advisory roles. In most states’ boards oversee the licensing and regulation of numerous professions and business areas. In other states they advise the governor on areas of importance such as the environment and economic development. While the elimination and/or consolidation of boards and commissions is a common focus of government efficiency and government reorganization initiatives, they still play a prominent role in state government, providing opportunities to address the concerns of special interests and to reward political supporters.
Executive Branch Positions Independently Selected
Many states provide for the independent selection of certain executive branch positions. Most noteworthy among these positions are lieutenant governor, secretary of state, attorney general, and treasurer.
The position of lieutenant governor exists in the overwhelming majority of states, where the position is most often filled by popular statewide election and jointly with the governor, although in a small number of cases the role of lieutenant governor is assigned by state law to another position in either the executive or legislative branch (e.g., secretary of state or leader of the senate). The positions of secretary of state, attorney general, and treasurer are all subject to statewide popular election in most states, and at least one of the three is elected in most of the remaining states.
Governors generally have limited authority in the appointment of state comptrollers and pre and post audit department heads. Governors’ appointment powers are also limited with regard to the heads of state education and higher education agencies. The education department head is independently elected statewide in 14 states and is appointed—independent of gubernatorial approval—by a board or agency head in 20 states and two territories. In most states and territories, the higher education head is appointed by a board independent of gubernatorial approval. A number of states also provide for the statewide election of one or more other department heads, among them public utility regulators and the heads of agriculture, labor, and natural resources departments. As with governors, other statewide elected positions may be subject to age, citizenship, and state residency requirements, as well as term limits.
Executive Orders
The authority for governors to issue executive orders is found in state constitutions and statutes as well as case law or is implied by the powers assigned to state chief executives. Governors use executive orders—certain of which are subject to legislative review in some states—for a variety of purposes, among them to:
· Trigger emergency powers during natural disasters, energy crises, and other situations requiring immediate attention.
· Create advisory, coordinating, study, or investigative committees or commissions.
· Address management and administrative issues such as regulatory reform, environmental impact, hiring freezes, discrimination, and intergovernmental coordination.