State executive offices

See also: Governor

The Governor is the chief executive of a state and position established by all 50 state constitutions. In every state, the governor is a popularly elected office. New Hampshire and Vermont elect a governor every two years; all other states hold gubernatorial elections every four years. By many state constitutions, the governor is the executive officer in whom the executive power of the state is formally and legally vested. The legal and practical extent of governors' powers varies significantly across states; Hawaii and Maryland have notably powerful governors, while the Governor of Texas is a remarkably weaker office.

The governor is responsible for implementing the laws created by state legislatures and the rulings of state courts. He or she oversees individual state executive departments and other state executive officers, including the attorney general, secretary of state, and others. The governor is the commander-in-chief of the state's National Guard and may deploy it during a state of emergency. Like the president of the United States, governors traditionally have the power to pardon criminals or commute their sentences.

Governors also frequently have substantial emergency powers, such as convening extraordinary legislative sessions, declaring a state of emergency and officially asking the federal government for assistance, spending funds set aside for emergencies, and relocating the seat of government if needed. Many of a governor's strongest powers require the advice and consent of the state Senate before they may be deployed. Under certain circumstances, some states allow their governors to make recess appointments and issue executive orders during legislative recesses that will stand until the legislature reconvenes.

In some states, the governor has considerable power to appoint judges and inferior executive officials and to make vacancy appointments for any other executive office that becomes vacant. Governors will also often push state legislatures to enact their policy priorities; often, they are constitutionally required to present an annual address to the legislature outlining policy priorities and recommendations and to submit a budget for legislative consideration.

All governors have the power to veto bills passed by the state legislature, and in six states (Indiana, New Hampshire, Vermont, Nevada, North Carolina and Rhode Island) the governor may use a line-item veto to strike certain parts of a bill without rejecting it wholesale.^[1]

See also: Lieutenant Governor

The Lieutenant Governor exists in 45 states and is an elected position in 43 of those states. The lieutenant governors of Tennessee and West Virginia are chosen by the state legislature, with whatever Senator is elected President Pro Tem automatically also becoming the lieutenant governor. In the five states with no lieutenant governor (Arizona, Maine, New Hampshire, Oregon, and Wyoming), another executive officer serves as the ex officio lieutenant governor.

The primary responsibility of the lieutenant governor is to replace the governor in case of death, disability or other inability to exercise office. Very few state constitutions set out specific duties for the lieutenant governor beyond serving as the governor's second-in-command; for instance, Maryland's Constitution specifically says the lieutenant governor shall have only the powers the governor chooses to delegate while New Jersey, the state with America's youngest lieutenant governorship, stipulates that the lieutenant governor be placed in charge of at least one executive agency, but leaves it up to the governor to choose. It is common for a specific lieutenant governor's portfolio to reflect his or her personal areas of expertise, the current needs of the state, and the priorities of the gubernatorial administration.

More than half of lieutenant governors also serve as president of their state's Senate. Aside from casting a tie-breaking vote, however, they do not have a vote in the chamber or function as the day-to-day head of the Senate, a position that instead belongs to the President Pro Tem. Lieutenant governors do, however, frequently function as a liaison between the governor and the legislature. In some cases, lieutenant governors serve on gubernatorial cabinets, promote their own legislative priorities, or carry some other portfolio of delegated duties.

The lieutenant governor is also often included on state boards, commissions, and task forces, giving him or her additional executive responsibilities. In those states with no lieutenant governor, the responsibility of succeeding the governor usually falls to the secretary of state or to the Senate president.^[2]

See also: Secretary of State

The Secretary of State exists in 47 states; it is an elected position in 34 states, appointed by the governor in nine states, and by the legislature in the remaining three. The secretary of state is usually the position next in seniority after the governor and the lieutenant governor.

The duties of secretaries of state, more so than any other executive office, vary widely across states. Still, there are a number of duties that secretaries of state in most states fulfill: oversee elections (in 39 states), business registration and licensing, trademark and trade name registration record keeping for the state, commission notaries public, ensure the state's compliance with the Uniform Commercial Code and related government administrative tasks. Some also handle motor vehicle registration, securities regulation and monitor charitable giving and lobbyists. Secretaries of state also sometimes oversee the operation of various state government institutions, from museums and libraries to the grounds of state capitols.

A report by the National Association of Secretaries of State suggests that secretaries' future responsibilities could range to election reform, digitization of government information for public access, and increased activity in international trade and cultural exchange.^[3]

See also: Attorney General

The Attorney General exists in all 50 states. The position is usually popularly elected; however there are five states where the office is appointed by the governor, the legislature, or the supreme court. Attorneys general serve as the chief law enforcement official and often head the state's Department of Justice. They operate as legal advisors to state agencies or officials and represent the state in lawsuits. Besides personally prosecuting high-profile felony cases, attorneys general often operate task forces to prosecute specific types of crime within the state. This puts office of attorney general, according to the National Association of Attorneys General, at the intersection of "law and public policy."^[4] In addition, attorneys general often have the power to institute civil suits, defend or challenge the constitutionality of state government actions, revoke corporate charters and enforce antitrust and open meetings laws.^[4] In addition to the usual age, residency, and citizenship requirements for executive officers, attorneys general are frequently required to be practicising attorneys admitted to the state bar.

See also: Treasurer

The Treasurer exists all states, though not exclusively under that name, and is the highest ranking financial office in those states. In 37 states, the position is elected, and in the remainder it is either appointed or, in the case of Tennessee, appointed by the legislature. Most often, the treasurer is the state's banker, receiving all tax revenues, fees and other receipts and disbursing monies to pay the state's debts based on warrants from the controller's office. The treasurer is also often responsible for managing the state's investments, operating the state's unclaimed property fund, formally issuing state bonds and supervising qualified tuition programs. Sometimes, the treasurer's office administers the state's pension fund, its payroll, or manages the state's disaster preparation.^[5]

See also: Controller

Controller/Comptroller is a state level position in 11 states; the office is elected in 10 but appointed in Alaska. Controllers often share duties similar to state treasurers, exercising varying powers related to budgetary and management matters. The controller's duties can include acting as a state's chief accountant, tracking flows in and out of the state treasury and authorizing disbursements. The office may also be responsible for auditing the state's financial statements where the office of state auditor does not exist.

See also: Auditor

The Auditor exists as a statewide position in 44 states. A total of 28 states specify an auditor's position in their Constitutions; of these, 20 are elected and eight are appointed. Auditors serve a 'watchdog' function, carrying out audits and investigations of other state agencies. Auditors are also usually the officers who handle concerns of fraud and waste brought forward by citizens.

See also: Superintendent of Schools

The Superintendent of Schools oversees primary and secondary public education within a state. They frequently sit on the state's Board of Education as a non-voting chair. The position exists in all 50 states, being elected in 14 states and appointed in 36 states.

In addition to the age, residency, and citizenship requirements common to executive offices, the Superintendent is often required to have further qualifications in the field of education, often a doctoral degree in the field and/or a certain numbers of years as a school administrator.

Higher education is governed by a Board of Regents, which is not commonly a Constitutional office and whose members are not usually treated as part of the Executive.

Commissioners are almost always part of the Executive Branch. The types of Commissioners who exist in any state depend on the state's particular political needs and varies significantly across the U.S.

Agriculture Commissioner

See also: Agriculture Commissioner

Though every state has an Agriculture Commissioner, it is only an elected position in 12 states, almost all of them in the Old South. In the other 38 states, the position is a gubernatorial appointment. Their general role is regulation of various facets of the agriculture industry as well as promotion of state agribusiness.

Insurance Commissioner

See also: Insurance Commissioner

The Insurance Commissioner is a state level position in all 50 states. Their general role is as a consumer protection advocate and insurance regulator.

Labor Commissioner

See also: Labor Commissioner

All 50 states have a Labor Commissioner; it is a gubernatorial appointment in 46 states. Only in Georgia, North Carolina, Oklahoma, and Oregon is the position elected.

Natural Resources Commissioner

See also: Natural Resources Commissioner

The Natural Resources Commissioner is a state level position in all states with the exception of Wyoming. Their general role is maintaining, protecting, and regulating natural resources, including state parks, forests and recreation areas.

Public Services Commissioner

See also: Public Services Commissioner

The Public Services Commissioner exists in all 50 states and is a gubernatorial appointment in 39 states, a legislative appointment in one state, and popularly elected in only ten states. Their general role is regulation of essential utility services such as energy, telecommunications, and water.

A popularly elected General Assembly exists in every state. It is a bicameral body in 49 states; only in Nebraska is there a single chamber.

House of Representatives

Most states refer to the lower legislative chamber as the House of Representatives, usually shortened to 'House' in casual use. Some states, such as Virginia, Maryland, and Nevada, instead refer to the lower chamber as the House of Delegates.

Representatives, or Delegates, usually serve shorter terms than members of the upper chamber. It is common for all spending and budget bills to originate in the House.

Senate

All 50 states have a State Senate, as Nebraska's unicameral legislature is considered to be a Senate. Qualifications to run for the Senate are usually slightly stricter than those for the House and Senators usually serve longer terms than their House counterparts.

It is one of the privileges of the Senate to confirm or reject nominees for other offices put forward by the state's Governor.