Frequently Asked Questions about California’s Executive Branch

For those not familiar, I put together the following questions and answers for those queries that are most often posed regarding California’s executive branch of state government.

What power is granted by the Constitution to the Governor? The supreme executive power of this State is vested in the Governor.

When is the Governor elected? The Governor is elected every fourth year at the same time and places as members of the Assembly.

When does the Governor take office? The Governor takes office on the Monday after January 1 following the election.

What are the requirements to be elected Governor? The Governor must be a voter who has been a citizen of the United States and a resident of this State for 5 years immediately preceding the Governor’s election.

Is the Governor subject to term limits? Yes, the Governor may not serve more than 2 terms.

Does the Governor have to make an annual report to the Legislature? Yes, the Governor must report to the Legislature each calendar year on the condition of the State and may make recommendations.

Who fills a vacancy in a statewide office? The Governor may fill a vacancy in office by appointment until a successor qualifies.

Can the Governor reorganize state government? The Governor can assign and reorganize functions among executive officers and agencies and their employees, but not elective officers and agencies administered by elective officers.

Who is the commander of the state’s militia? The Governor is commander in chief of a militia and the Governor may call it into action.

Are there any conditions placed on the Governor to grant a reprieve, pardon, or commutation? No, the Governor uses conditions that the “Governor deems proper.”

Is there any limitation on the Governor’s power to grant a reprieve, pardon, or commutation? Yes. First, it can only occur after sentencing has taken place. Second, it does not apply in cases of impeachment. Third, the Governor may not grant a pardon or commutation to a person twice convicted of a felony except on recommendation of a majority of the Supreme Court justices.

What are the qualifications for the Lt. Governor? The Lieutenant Governor must have the same qualifications as the Governor.

What is the role of the Lt. Governor in the Legislature? The Lieutenant Governor is President of the Senate, but has only a casting vote.

When does the Lt. Governor become Governor? The Lieutenant Governor becomes Governor when a vacancy occurs in the office of Governor.

When does the Lt. Governor become Acting Governor? The Lieutenant Governor acts as Governor during the impeachment, absence from the State, or other temporary disability of the Governor.

Who is the chief law officer in this state? The Attorney General.

What are duties of the Attorney General? It is the AG’s duty to see that the laws of the State are uniformly and adequately enforced. The AG has direct supervision over every district attorney and sheriff in all matters pertaining to the duties of their respective offices.

May a state officer receive any income from a lobbyist or lobbying firm? No.

Do state officers receive a salary? Yes, and that salary is set and adjusted by the California Citizens’ Compensation Commission.

Can a state officer be paid an honorarium for giving a speech or writing an article? No state officer may accept any honorarium.

Can a state officer accept a gift? Yes, up to the statutory limit. However, the acceptance of the gift cannot create a conflict of interest. They are prohibited from accepting a gift of $10 or more in a calendar month from a lobbyist. And, there are reporting obligations for gifts of $50 or more.

Can a state officer be compensated for appearing before or taking action for someone at a state agency or department? No, a state officer cannot knowingly accept any compensation for appearing, agreeing to appear, or taking any other action on behalf of another person before any state government board or agency. There are limited exceptions.

Is there a “revolving door” limitation that applies to state officers? Yes, a state officer cannot engage in paid lobbying of the executive branch for 12 months after leaving office. This also applies to a secretary of an agency or director of a department appointed by the Governor.