Simone Lawson
The number and powers of constitutional officers vary from state to state in the US. These officers may be elected or appointed, and they can reside in the executive or legislative branch. The governor of each state heads the executive branch and typically has control over government budgeting, the power of appointment of many officials, and a role in legislation. State constitutions also establish the judicial system of the state, including state supreme courts. Some states, like Virginia, require each county and city to elect a treasurer, sheriff, attorney for the Commonwealth, clerk, and commissioner of revenue. Other states, like Ohio, do not establish any offices but allow for their establishment by statute.
| Characteristics | Values |
|---|---|
| Number of constitutional officers | Varies from state to state |
| Powers of constitutional officers | Varies from state to state |
| Branches of state government where constitutional officers reside | Executive, legislative, or judicial |
| Constitutional officers elected by the people | Governor, attorney general (in 43 states), treasurer, sheriff, clerk, commissioner of revenue, Insurance Commissioner, Baltimore City Council, Mayor of Baltimore |
| Constitutional officers appointed by the governor | Secretary of state, members of the California Public Utilities Commission, members of the Board of Equalization |
| States with term limits for constitutional officers | Nevada and others |
| States with fixed terms for constitutional officers | Virginia, North Carolina, Texas, Vermont, New Hampshire |
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What You'll Learn
- State constitutions vary in the offices they establish
- State constitutional officers may be elected or appointed
- State constitutional officers may reside in the executive or legislative branch
- The governor of each state heads the executive branch
- Statewide elections are held at different times and frequencies
State constitutions vary in the offices they establish
The governor of each state typically heads the executive branch and may have considerable control over government budgeting, the power of appointment of officials, and a role in legislation. The governor may also have additional roles, such as commander-in-chief of the state's National Guard, and the power to pardon or commute criminal sentences. In some states, the governor has a council with power over appointments and other issues, such as the Massachusetts Governor's Council, which consists of eight officials elected from eight districts.
Every state has an attorney general, who is the chief legal advisor and chief law enforcement officer, and a state treasurer or equivalent, who serves as the chief custodian of the state's treasury. In most states, the attorney general is elected, but in some, they are selected by the governor, legislature, or state supreme court. The treasurer is typically responsible for receiving and depositing state money, managing investments, and tracking budget surpluses and deficits.
Some states, like California, have constitutional offices that are not explicitly created by the Constitution but are generally considered constitutional officers, such as the Treasurer and Insurance Commissioner. These offices are named as state officers in the Constitution and are generally elected, with their salaries determined by a compensation commission.
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State constitutional officers may be elected or appointed
In the United States, each state and territory has constitutional officers who lead the state governments. These officers may be elected or appointed, depending on the position and the state. The number and powers of state constitutional officers vary from state to state, based on the constitution and statutes of each state.
State constitutional officers may reside in the executive or legislative branch. For example, 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.
State constitutions may also establish a judicial system, including a state supreme court. For instance, the Constitution of Virginia requires each county and city to elect a treasurer, sheriff, state's attorney, clerk, and commissioner of revenue. On the other hand, the Constitution of Ohio does not establish any offices, but allows for such offices to be established by statute.
Some states have positions that are not elected on a statewide basis but rather by state districts. For example, the Massachusetts Governor's Council consists of eight officials elected from eight districts, while the Mississippi Public Service Commission's members are elected from three districts across the state. Many state constitutions also establish appointed positions, such as the California Public Utilities Commission, whose board members are appointed by the governor to six-year terms.
Attorneys general, who are the chief legal advisors to state governments, are another example of state constitutional officers. They have wide discretion in what cases to prosecute and how to settle them and can make an impact beyond their state. 43 of the states directly elect their attorney general, while the others are selected by the governor, legislature, or state supreme court. Similarly, 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. 39 of the 50 states popularly elect the treasurer, while the other 11 are appointed by the governor or elected by the legislature.
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State constitutional officers may reside in the executive or legislative branch
The US Constitution establishes the federal government's executive, judicial, and legislative branches. While the US Constitution does not establish state governments, each state has its own constitution, which establishes its government's structure, including its executive and legislative branches. State constitutional officers may reside in either of these branches.
State constitutional officers are established by each state's constitution. These officers may be elected or appointed, depending on the position. The number and powers of state constitutional officers vary from state to state, based on the constitution and statutes of each state. For example, the Constitution of Virginia requires each county and city to elect a treasurer, sheriff, attorney for the Commonwealth, clerk, and commissioner of revenue. Conversely, Article 10 of the Constitution of Ohio does not establish any offices but allows for them to be established by statute.
State constitutional officers who reside in the executive branch include the governor, who heads the branch. The governor may have considerable control over government budgeting, the power to appoint many officials, and a role in legislation. They may also serve as commander-in-chief of the state's National Guard and have the power to commute or pardon criminal sentences. Other executive branch officers include the lieutenant governor, who is often elected separately from the governor, and the attorney general, who is the state government's chief legal advisor and chief law enforcement officer.
State constitutional officers who reside in the legislative branch include members of state legislatures. In some states, such as Ohio, state constitutional officers play a significant role in redistricting. Additionally, in some states, the governor has the power to appoint members of the legislative branch. For example, in California, the governor appoints members of the California Public Utilities Commission, which regulates public utilities.
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The governor of each state heads the executive branch
The governor typically has a council or cabinet that supports them and assists in carrying out their duties. For example, the Massachusetts Governor's Council consists of eight officials elected from eight districts, and they have power over appointments and other issues. In some states, like Florida, major executive decisions are not made solely by the governor but by a vote of multiple members, creating a "plural executive."
The governor is often one of the most powerful constitutional officers in the state, alongside other officers like the attorney general and treasurer. The attorney general is the state's chief legal advisor and law enforcement officer, with discretion over prosecution and settlement of cases. The treasurer manages the state's finances, including receiving and depositing state money, managing investments, and tracking budget surpluses and deficits.
The number and specific powers of constitutional officers can vary from state to state. For example, in Virginia, counties and cities are required to elect a treasurer, sheriff, attorney for the Commonwealth, clerk, and commissioner of revenue. In contrast, Ohio's constitution does not establish any offices but allows for their establishment by statute. These constitutional officers may reside in either the executive or legislative branch, and they play a crucial role in governing their respective states.
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Statewide elections are held at different times and frequencies
In the United States, elections are held at different levels of government: federal, state, and local. At the federal level, the head of state (the president) is elected indirectly by the people of each state through an Electoral College. Members of the federal legislature, the Congress, are directly elected by the people of each state.
The number and powers of state constitutional officers vary from state to state, based on the constitution and statutes of each state. State constitutional officers may be elected or appointed and may reside in the executive or legislative branch. Each state has an attorney general, who is the chief legal advisor and chief law enforcement officer, and a state treasurer who serves as the chief custodian of the state's treasury. In some states, such as Ohio, state constitutional officers play a major role in redistricting.
The timing of elections for specific local offices may coincide with presidential, midterm, or off-year elections. At the local level, county and city government positions are usually filled by election, especially within the legislative branch. Examples of local elected positions include sheriffs at the county level and mayors and school board members at the city level.
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Frequently asked questions
Constitutional offices in a county are government positions that are established by the constitution of a state. These officers may be elected or appointed and can reside in the executive or legislative branch.
Examples of constitutional offices in a county include:
- Treasurer
- Sheriff
- Attorney General
- Commissioner of Revenue
- Clerk
The responsibilities of constitutional officers vary depending on the specific office and the state. Some general responsibilities include:
- Managing the county's finances and investments
- Administering education laws and regulations
- Overseeing the functions, policies, and programs of state government
- Serving as the commander-in-chief of the state's National Guard
The method of selecting constitutional officers varies depending on the state and the specific office. In some states, these officers are directly elected by the voters, while in others they may be appointed by the governor or another elected body. Some states also have a combination of elected and appointed positions.
