Provisions of Article V that Capitol Insiders Should Know

California’s Constitution, like its federal counterpart, provides for the three branches of state government. Article V deals with the executive branch of California government. This article highlights the major provisions of Article V that those working in and around state government should know.

Section 1 – Power Vested in the Governor

“The supreme executive power of this State is vested in the Governor. The Governor shall see that the law is faithfully executed.”

Section 2 – Election of the Governor

The Governor is elected every four years at the same time as Assembly Members. Governor takes office on first Monday after January 1. Governor must be registered to vote in this state, a US citizen, and a California resident for the last 5 years. Governor can only serve 2 terms in office.

Section 3 – Governor’s Report

The Governor is required to report to the Legislature each year on the condition of the state and may make recommendations.

Section 4 – Governor’s Power over Officers

The Governor can require executive officers, agencies, and their employees to furnish information relating to their duties.

Section 5 – Filling State Officer Vacancies

The Governor can fill a vacancy by appointing a replacement, including all other constitutional offices. That nominee takes office upon being confirmed by both houses of the Legislature, or if the nominee is neither confirmed not refused confirmation within 90 days.

Section 6 – Reorganization Plans

A statute allows the Governor to assign and reorganize functions among executive branch agencies, but this does not apply to the functions of the other constitutional officers.

Section 7 – Commander in Chief

“The Governor is commander in chief of a militia that shall be provided by statute. The Governor may call it forth to execute the law.”

Section 8 – Reprieves, Pardons, and Commutations

Based upon statutory application procedures, the Governor may grant a reprieve, pardon, or commutation, after sentence. This power does not apply in cases of impeachment. The Governor has to report to the Legislature each reprieve, pardon, and commutation granted, stating the pertinent facts and the reasons for granting it. However, the Governor may not grant a pardon or commutation to a person who has previously been convicted twice of a felony unless a majority of the Supreme Court concurs. The Governor can review the decisions of the parole authority for granting, denying, revoking, or suspending parole of a person sentenced to an indeterminate term upon conviction of murder. However, the Governor may only affirm, modify, or reverse the decision of the parole authority on the basis of the same factors which the parole authority is required to consider.

Section 9 – Lt. Governor

“The Lieutenant Governor shall have the same qualifications as the Governor. The Lieutenant Governor is President of the Senate but has only a casting vote.”

Section 10 – Acting Governor

The Lt. Governor becomes Governor when a vacancy occurs. The LG is Acting Governor during the impeachment, absence from the State, or other temporary disability of the Governor. The Legislature provides the order of precedence after the Lt. Governor for succession to the office of Governor and for the temporary exercise of the Governor’s functions. The Supreme Court determines any legal questions under this section.

Section 11 – Other Constitutional Officers

The Lt. Governor, Attorney General, Controller, Secretary of State, and Treasurer are elected at the same time and places and for the same term as the Governor. They are also limited to 2 terms.

Section 13 – Powers of the Attorney General

The AG is the chief law officer of the State and has the 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. The AG can prosecute any violations of law of which the superior court has jurisdiction under certain conditions.

Section 14 – Conflicts of Interest

No state officer may knowingly receive any income from a lobbyist or lobbying firm or a person under contract within the past 12 months in the same agency. No state officer may accept any honorarium. The Legislature enacts laws that ban or strictly limit the acceptance of a gift by a state officer from any source if the acceptance of the gift might create a conflict of interest. With several exceptions, no state officer may knowingly accept any compensation for taking any other action on behalf of another person before any state government board or agency. A state officer, or a secretary of an agency or director of a department appointed by the Governor, cannot lobby for compensation before the executive branch of state government for 12 months after leaving office.