Governor of Oklahoma
Encyclopedia : G : GO : GOV : Governor of Oklahoma
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The Governor of the State of Oklahoma is the head of state for the State of Oklahoma. Under the Oklahoma Constitution, the Governor is also the head of government, serving as the chief executive of the Oklahoma executive branch, of the government of Oklahoma. The Governor is the ex officio Commander-in-Chief of the Oklahoma National Guard when not called into Federal use. Despite being a executive branch offiical, the Governor also possesses legislative and judicial powers. The Governor's responsibilities include making yearly "State of the State" addresses to the Oklahoma Legislature, submitting the budget, ensuring that state laws are enforced, and that the peace is preserved.
The office was created in 1907 when Oklahoma was officially admitted to the United States as the 46th state. Prior to statehood in 1907, the office was preceded by a Presidential appointed Governor of Oklahoma Territory with similar powers.
The 26th and current Governor of Oklahoma is Brad Henry. His first term began in 2003 and will end in 2007.
Requirements to hold office
Section Three of Article VI of the Oklahoma Constitution establishes the requirements a person must meet in order to become Governor. The Governor must be a citizen of the United States, be at least 31 years old, and have been resident of Oklahoma for at least ten years.Election
Gubernatorial elections are held every four years. The Governor of Oklahoma is elected directly by the voters of Oklahoma. After all votes are collected, the Legislature of Oklahoma shall convene in the hall of the House of Representatives and the Speaker of the House of Representatives announce the results of the elections in the presence of a majority of each branch of the Legislature.The persons having the highest number of votes for the office of the Governor shall be declared duly elected. However, in case two or more shall have an equal and the highest number of votes for the office of Governor, the Legislature shall, by joint ballot, choose one of the said persons having an equal and the highest number of votes for the office of Governor.
Term(s) of Office
Under Section Four in Article VI of the Oklahoma Constitution, the Governor serves a four year term in office beginning on the second Monday in January. Also, the same Section provides that no man may hold the office of Governor for more than two second terms consecutively. It makes no reference to limits to total number of term held.Powers
Executive Powers
The Governor, according to the Oklahoma Constitution, must "take care that the laws be faithfully executed." The Governor holds supreme executive power within the State and acts as head of the Executive department of Oklahoma, granting him the ability to issue executive orders which are binding through out the State of Oklahoma. The Governor shall handle all relations and business of the State with other states and with the United States, and he shall be a "conservator of the peace throughout the State." He acts a Commander-in-Chief of Oklahoma’s militia, which he may call out to execute the laws, protect the public health, suppress insurrection, and repel invasion.The Governor has the power to commission all officers not otherwise commissioned by the law of Oklahoma. When any office shall become vacant, the Governor shall, unless otherwise provided by law, appoint a person to fill such vacancy, who shall continue in office until a successor shall have been elected or appointed according to the law of Oklahoma.
Within the Executive branch of Oklahoma government, the Governor is assisted by the Lieutenant Governor of Oklahoma, the Secretary of State of Oklahoma, the Attorney General of Oklahoma and the State Treasurer of Oklahoma. While all the other high level executive offices are elected directly by the people of Oklahoma, the Secretary of State is not. The Secretary of State is be appointed by the Governor with the consent of the Senate for a term of four years to run concurrently with the term of the Governor.
The Governor is an ex officio member of the Oklahoma Commissioners of Land Office, the Oklahoma Board of Education, and the Oklahoma Ethics Commission. While not a member, the Governor has the power to appoint all or some of the members of most of the executive commissions and state commissions with the advice and consent of the Oklahoma Senate, such as the Board of Regents of the University of Oklahoma.
Legislative Powers
Like the President of the United States, the Governor plays a major role in the legislative process, even though Legislative power is vested in the Oklahoma Legislature. Every bill which shall have passed both the Senate and House of Representatives, and every resolution requiring the assent of both branches of the legislature, shall, before it becomes a law, be presented to the Governor. The Governor may choose to sign it or veto it and send it back to the legislature. The Governor’s veto can only be overridden by a two-thirds approval vote from each house.The Governor’s power over appropriation bills is greater than that of normal bills. As with normal bills, it must be presented to the Governor for his approval. If he disapproves of any part of the bill, he may send that part of the bill back to the legislature. However, the part of which he approves becomes law. Any item or items so disapproved shall be void, unless re-passed by a two-thirds vote.
The Governor has the power to convoke the legislature, or the Senate only, on extraordinary occasions. At extraordinary sessions, no subject shall be acted upon, except such as the Governor may recommend for consideration. When ever a vacancy occurs within the legislature, the Governor shall issue a writ of election to fill such vacancies.
In case of a disagreement between the two houses of the legislature, at a regular or special session, the Governor may adjourn them to such time as he shall deem proper, not beyond the day of the next stated meeting of the legislature. He may convoke the Legislature at or adjourn it to another place, when, in his opinion, the public safety or welfare, or the safety or health of the members require it. However, such a change or adjournment shall be concurred in by a two-thirds vote of all the members of each branch of the legislature.
Judicial Powers
The Governor also plays an active role within the judicial branch of Oklahoma government. Oklahoma has a Judicial Nominating Committee consisting of thirteen members that review all potential Justices of the Oklahoma Supreme Court and review them to determine if they qualify to hold their respective positions. Of these thirteen members, the Governor appoints six without the consent of the legislature. Of these six members, two members shall be appointed for a term of two years, two members for a term of four years, and two members for a term of six years. Once a potential Justice is approved by the Judicial Nominating Committee, they stand for general election by the people of Oklahoma for a term of six years.In the event of a vacancy upon the Supreme Court or on the Court of Criminal Appeals, the Judicial Nominating Committee shall choose and submit to the Governor and the Chief Justice of the Supreme Court three nominees, each of whom has previously notified the Commission in writing that he will serve as a Justice if appointed. The Governor shall appoint one of the nominees to fill the vacancy, but if he fails to do so within sixty days, the Chief Justice of the Supreme Court shall appoint one of the nominees.
The Governor also possess the power to grant commutations, pardons and paroles for all offenses, except cases of impeachment, upon such conditions and with such restrictions and limitations as he may deem proper, subject to such regulations as may be prescribed by law. However, the Governor shall not have the power to grant paroles if a convict has been sentenced to death or sentenced to life imprisonment without parole.
In order to grant a pardon to an individual, he must submit the name of the individual to a Parole and Pardons Board composed of five members, three of which are appointed by the Governor at the beginning of his term in office to serve a term that coincides with his own. After reviewing the applicant for clemency, and a favorable vote from the majority, the Board may empower the Governor to make such acts of clemency as he deems necessary.
The Governor, however, shall have power to grant after conviction, reprieves, or a leave of absence not to exceed sixty days, without the action of the Board. He shall communicate to the Legislature, at each regular session, each case of reprieve, commutation, parole or pardon, granted, stating the name of the convict, the crime of which he was convicted, the date and place of conviction, and the date of commutation, pardon, parole and reprieve
Succession
In case of impeachment of the Governor, or of his death, failure to qualify, resignation, removal from the State, or inability to discharge the powers and duties of the office, the said office, with its compensation, shall devolve upon the Lieutenant Governor for the residue of the term or until the disability shall be removed.If, during a vacancy of the office of Governor, the Lieutenant Governor shall be impeached, displaced, resign, die or be absent from the State, or become incapable of performing the duties of the office, the President Pro Tempore of the Senate, shall act as Governor until the vacancy be filled or the disability shall cease; and if the President, Pro Tempore, of the Senate, for any of the above enumerated causes, shall become incapable of performing the duties pertaining to the office of Governor, the Speaker of the Oklahoma House of Representatives shall act as Governor until the vacancy be filled or the disability shall cease.
Oath of Office
"I, ........., do solemnly swear (or affirm) that I will support, obey, and defend the Constitution of the United States, and the Constitution of the State of Oklahoma, and that I will not, knowingly, receive, directly or indirectly, any money or other valuable thing, for the performance or nonperformance of any act or duty pertaining to my office, other than the compensation allowed by law; I further swear (or affirm) that I will faithfully discharge my duties as Governor of the State of Oklahoma to the best of my ability."Office-Holders
See also
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