State & Local Government The Governor and State Administration

The Governors Because of the abuse of their powers by the Colonial Governors, most of the new state constitutions gave the office of Governor no real power. Because this created no real separation of power, many of the legislatures began to abuse their powers. This caused the states to reconsider and to give their governors more power to create a real separation of power among the branches. Today, most of the states have given real power to the their governors, although the amount of power does vary greatly from state to state.

Modern history tells us that being a Governor of a State can be a very good step in the path to becoming President of the United States. Such as: Jimmy Carter (Georgia) Ronald Reagan (California) Bill Clinton (Arkansas) George W. Bush (Texas)

Formal Qualifications for Governor 1. American Citizenship 2. Age requirement (Usually 25 to 30 years old) 3. Period of residency in the state (usually 5 years) 4. Be a qualified voter Kansas is one of two states that set no formal qualifications.

Informal Qualifications for Governor Availability, which means:  Race  Age  Gender  Party affiliation  Personality  Name familiarity  Experience  Religion  Political experience

Election In every state, the Governor is chosen by popular vote. 46 states require a plurality (including Kansas). 4 states require a majority (run-off elections are held in 2 of the states a the legislature chooses in the other two).

Term in Office All but 3 states have 4-year terms for their governors and the others have 2-year terms 3 states forbid the governor to succeed him/herself 26 states limit the governor to 2 consecutive terms KANSAS currently restricts its governors to a limit of 2 consecutive terms, with no limit on the total number of terms served. This changed in the late 1970's. Prior to that, Kansas' governors served 2-year terms with no limit on the number.

Succession In 43 states (including Kansas) the Lieutenant Governor is first in the line of succession. In the other states it is either the President of the Senate or the Secretary of State.

Removal from Office Impeachment is allowed in 49 states (all except Oregon) Impeachable Offenses in Kansas  The Kansas Constitution specifies that the Governor and all other officers under the Constitution shall be removed from office by impeachment for and conviction of treason, bribery, or other high crimes and misdemeanors.  Impeachment is a two-step process consisting of the impeachment and the trial. The Constitution places the power to impeach in the House (majority vote) and directs that the trial of an impeached official be conducted by the Senate (2/3s vote to convict).

Removal from Office Recall is allowed in 15 states (including Kansas)  Chapter 25, Article 43 of Kansas state statutes defines two separate categories of elected officials that can be recalled: state officers and local officers. National officeholders and judicial officers are not subject to recall. Grounds for recall  In Kansas, the specific grounds for the recall of state officers are defined as follows: conviction for a felony, misconduct in office, incompetence, or failure to perform duties prescribed by law.

Compensation Kansas is $95,446 + a residence (Cedar Crest Mansion) Check your table of salaries for comparison to other states.

Roles of the Governor Executive Administrator Legislator Party leader Opinion leader Ceremonial figure

Executive Powers of the Governor While the US Constitution makes the President the executive branch of the government, the state constitutions make the governors the chief executive. Generally the executive powers in the states are divided among several different offices. Since these other offices are generally popularly elected, this makes it very difficult for the governor to exert control over them. In the states, the governor is more of a "first among equals".

Executive Powers Appointment and Removal  Generally speaking, anybody appointed by a governor can be removed by the governor. Supervision of Administration The Budget - In most states, the Governor has the power to make the state budget, however, the legislature may make changes to the budget. Military Powers - The governors are the commander in chief of the State militia (the National Guard).

Legislative Powers The Message Power Special Sessions Veto - Governors in every state except North Carolina have the power to veto the acts of the legislature (subject to legislative override in every state). Item Veto - In 43 states (including Kansas?) the governor has the power to veto only provisions of a bill without having to veto the entire act.

Judicial Powers Pardon - A release from the legal consequences of a crime. Reprieve - Postpones the execution of a sentence. Parole - The release of a prisoner short of the completion of the term of a sentence (usually conditional). Commute - Power to reduce a sentence imposed by a court.

Miscellaneous Duties These duties that go with being governor include, but are not limited to:  receiving official visitors  dedicator of new buildings, highways, bridges, etc…  opens the State Fair  crowns beauty queens  speaks to organizations  member of several boards (such as the Washburn Board of Regents)  attend Bowl Games, Final Fours, etc…  and much, much, much more!

Other Executive Officers Lieutenant Governor (43 states, elected in 42) Formal duties resemble those of the vice president. Secretary of State Exists in 47 states (elected in 37). This is the state's chief clerk and record keeper (oversees elections). State Treasurer Elected official in 39 states, the treasurer is in charge of the funds and is often the state's chief tax collector, the paymaster, and the manager of any surplus funds that may exist in a state.

Other Executive Officers Auditor or Comptroller Every state may only spend money that the legislature has authorized the spending of – in 24 states this an elected postion. The Preaudit and Postaudit functions are very important safeguards to insure that the money is being spent correctly. Experts recommend that the governor appoint the person to do the preaudit and the legislature control the person in charge of the postaudit. Less than ½ of the states currently do it this way. Kansas conducts the Preaudit in this form, but not the Postaudit.

Other Executive Officers The Attorney General The state's lawyer is elected in 44 states, including Kansas. Most of the power of this office is in giving legal opinions to the legislature or the governor.

Other Executive Officers The following offices may be filled by either election or appointment. Superintendent (or Commissioner) of Public Schools State Boards of Education, Prisons and Parole, Agriculture, Health, Healing Arts, etc… Highway Commission DMV K.C.C. (Kansas Corporation Commission) Kansas Securities Commission

Opinion/Editorial Over the years as states have taken on one function after another, they created boards and commissions to take care of whatever arose. Today, this has led to many cases of overlapping and duplication of duties. States should make every effort to eliminate many of these bodies and consolidate as many duties as are possible!