The San Antonio Express-News’ Peggy Fikac reported that Rep. Lyle Larson (R-San Antonio) plans to file legislation that would give the governor the authority to appoint several offices currently elected statewide:
- Commissioner of Agriculture
- Commissioner of the General Land Office; and
- A new commissioner of energy, which would replace the three Railroad Commissioners.
In the late 1940s, the Texas Legislature replaced the elective office of State Superintendent of Public Education with the appointed Commissioner of Education. This is the most recent such change that we are aware of. The last statewide elected office removed from the ballot in Texas was the State Treasurer. In 1995, voters approved a constitutional amendment abolishing the office and transferring its responsibilities to the comptroller’s office. A year earlier, voters elected Martha Whitehead to the position after she campaigned to abolish the office.
Changing a statewide elective office to an appointed one appears to be an uncommon practice across the nation. In 2011, Oregon made the superintendent of public education an appointed office. In 2003, Florida shifted the comptroller, education commissioner, secretary of state and treasurer from elected to appointed offices. Minnesota made the state treasurer an elective office in 2002.
In many states, their statewide elective offices are established by their constitutions. In Texas, the General Land Office (Art. 4. Sec. 1) and the election of the Railroad Commissioners (Art. 16, Sec. 30) are constitutionally established. Voters would need to approve changing these offices to appointed positions.
At least 12 states elect their top agriculture official. At least six states elect their top land official, and at least 13 states elect their top energy and/or utility regulator official(s).
Agriculture (12)
Alabama
Florida
Georgia
Iowa (same as land secretary)
Kentucky
Louisiana
Mississippi
North Carolina
North Dakota
South Carolina
Texas
West Virginia
Auditor (23)
Alabama
Arkansas
Delaware
Indiana
Iowa
Kentucky
Massachusetts
Minnesota
Mississippi
Missouri
Montana
Nebraska
New Mexico
North Carolina
Ohio
Oklahoma
Pennsylvania
South Dakota
Utah
Vermont
Washington
West Virginia
Wyoming
The Texas State Auditor is part of the legislative branch and appointed by the Legislative Audit Committee, which is chaired by the Lt. Governor and Speaker of the House.
Education (14)
Arizona
California
Georgia
Idaho
Indiana
Montana
North Carolina
North Dakota
Oklahoma
South Carolina
South Dakota (same as land commissioner)
Washington
Wisconsin
Wyoming
The Texas Commissioner of Education is appointed by the Governor, subject to Senate confirmation.
Insurance (10)
California
Delaware
Georgia
Kansas
Louisiana
Mississippi
North Carolina
North Dakota
Oklahoma
Washington
The Texas Commissioner of Insurance is appointed by the Governor, subject to Senate confirmation.
Secretary of State (34)
Alabama
Arizona
Arkansas
California
Colorado
Connecticut
Georgia
Idaho
Illinois
Indiana
Kansas
Kentucky
Louisiana
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Mexico
North Carolina
North Dakota
Ohio
Oregon
Rhode Island
South Carolina
South Dakota
Vermont
Washington
West Virginia
Wisconsin
Wyoming
The Texas Secretary of State is appointed by the Governor, subject to Senate confirmation.
Attorney General (43)
Alabama
Arizona
Arkansas
California
Colorado
Connecticut
Delaware
Florida
Georgia
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Comptroller/Treasurer (39)
Alabama
Arizona
Arkansas
California (controller and treasurer)
Colorado
Connecticut (comptroller and treasurer)
Delaware
Florida
Idaho (controller and treasurer)
Illinois (comptroller and treasurer)
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine (comptroller and treasurer)
Massachusetts
Mississippi
Missouri
Nebraska
Nevada (controller and treasurer)
New Mexico
New York
North Carolina
North Dakota (tax commissioner and treasurer)
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina (comptroller and treasurer)
South Dakota
Texas
Utah
Vermont
Washington
West Virginia
Wisconsin
Wyoming
Energy & Utilities (13)
Alabama
Arizona
Georgia
Louisiana
Mississippi
Montana
Nebraska
New Mexico
North Dakota
Oklahoma
South Carolina
South Dakota
Texas
The elected Railroad Commission of Texas oversees the energy industries in Texas. Public Utility Commissioners, who oversee the communications, electricity and water industries, are appointed by the Governor, subject to Senate confirmation.
Virginia’s Assembly elects its top energy and utility officials.
Land (6)
Arkansas
Iowa (same as agriculture secretary)
New Mexico
South Dakota (same as school commissioner)
Texas
Washington
Top Judicial Body (22)
Partisan Elections
Alabama
Illinois
Louisiana
New Mexico
Pennsylvania
Texas
West Virginia
Non-partisan Elections
Arkansas
Georgia
Idaho
Kentucky
Michigan
Minnesota
Mississippi
Montana
Nevada
North Carolina
North Dakota
Ohio
Oregon
Washington
Wisconsin
16 more states use retention elections.
Some of the offices appointed by the Texas governor are elected in a number of states.
- 34 states elect their secretary of state
- 23 states elect a top auditor
- 14 states elect their top education official (Others, including Texas, elect a policy board.); and
- 10 states elect their top insurance official.
Four states – Georgia, North Carolina, Oklahoma and Oregon – elect their labor commissioner. Arizona elects its mine inspector. Montana elects its Supreme Court clerk. South Carolina elects its adjutant general. Michigan elects the regents for the University of Michigan and Michigan State University (Wrap your head around that in Texas.).
Texas is one of seven states to elect its highest court(s) in partisan elections. Another 15 use non-partisan elections, and 16 use the “Missouri Plan,” which involves an independent commission providing a list of names, a gubernatorial appointment and a retention election. Ten states’ governors appoint their highest court(s), and two states’ (South Carolina and Virginia) legislatures elect them.
