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 an 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.
Creation and History
Before statehood in 1907, modern day Oklahoma was composed of Oklahoma and Indian Territories. While Indian Territory remained under the semi-independence of the Indian nations, Oklahoma Territory was organized territory under the supervision of the United States Congress. Within the Territory, a tripartite government existed, including a Territorial Assembly, a Territorial Supreme Court, and a Territorial Governor.
The executive branch of the territory’s government was headed by the Governor of Oklahoma Territory. The governor was appointed by the President of the United States to serve a four year term. Despite a set term, the governor served at the pleasure of the President. The President could remove the governor from office at any moment.
The Governor was the head of the Government of the Territory. He had the power to veto legislation proposed by the Territorial Legislature and the power to appoint member to his cabinet, who in turn had to be ratified by the Legislature. The Governor had the power to appoint Justices to the Territory’s Supreme Court. The Governor was responsible to the President on addressing issues in the territory and served as the representative as the federal government of the United States. He was also the Commander in Chief of the Territory’s militia.
After the Oklahoma Constitution was written and accepted in 1907, Oklahoma and Indian Territories was joined as the State of Oklahoma. The office of Territorial Governor was replaced by the Governor of Oklahoma. The new office possessed many of the Territorial Governor’s powers and similar responsibilities. However, the Governor was designed with many restrictions, limits, and Legislative and Judicial oversight. This was done under the “weak governor system” to not allow the abuse of power that had occurred under the Territorial government.
After the first governor Charles N. Haskell left office in 1911, the executive branch saw a vast reduction in its powers. Governor Haskell, consider the father of the Oklahoma Constitution, knew the office inside and out. This allowed him to amass a great deal of executive power and influence over every aspect of state government. However, in the twenty years after Haskell, the Legislature drained the governor of his powers and severely weakened the office. It was not until William H. Murray, another of the Constitution’s authors, in 1935 did the Governorship get back its powers.
As Oklahoma grew and the state government expanded, the Governor became gradually more powerful. As more agencies were introduced, the Governor’s appointment power extended to them all, granting him greater indirect influence over the government. Also, initially the Governor was not eligible to immediately succeed himself after being elected. It was not until 1975 did Oklahomans amend the Constitution to allow the Governor to serve two consecutive terms.
In 1986, the Governorship saw its greatest gain in power since the time of Haskell. With the institution of the Executive Branch Reform Act, the Governor was given greater administrative power over all of Oklahoma’s agencies through the Oklahoma State Cabinet. This allowed the Governor’s executive orders to be take effect faster and carry greater force throughout the state.
Office of the Governor
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.
Last election
| Candidates | Party | Votes | % | ||
|---|---|---|---|---|---|
| Brad Henry | Democratic Party | 448,143 | 43.27% | ||
| Steve Largent | Republican Party | 441,277 | 42.61% | ||
| Gary Richardson | Independent | 146,200 | 14.12% | ||
| Total | 1,035,620 | 100.0% | |||
| Source: 2002 Election Results | |||||
Next election
The next election for Governor of Oklahoma will be held on November 7, 2006. Incumbent Democrat Brad Henry will face Republican Congressman Ernest Istook.
Powers
Executive Powers
The Governor, according to the Oklahoma Constitution, must "take care that the laws be faithfully executed." The Governor is vested with "supreme executive power" as the state's "Chief Magistrate" 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 is the "conservator of the peace throughout the State," making him the chief peace officer in the state. In his position as chief peace officer, the Governor is granted command of all state and local law enforcement agencies, including the Oklahoma Highway Patrol. In the event that regular law enforcement is unable to execute the law, the Governor, acting as Commander-in-Chief of Oklahoma’s militia, may call out the Oklahoma National Guard to "execute the laws, protect the public health, suppress insurrection, and repel invasion." The Governor is assisted in managing the military of Oklahoma by the Adjutant General of Oklahoma, whom is appointed by the Governor.
The Governor has the power to commission all officers not otherwise commissioned by the law of Oklahoma. When any office at the state level becomes vacant for any reason, the Governor, unless otherwise provided by law, has the power to 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. This power extends to all federal reprsentatives of Oklahoma, including Representatives and Senators, in which case the Governor calls for special elections to fill the remainder of the term. In the case of Senators, the Governor is empowered to immediately appoint someone to temporarily fill the vacant Senate seat until a special election can be held.
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, the State Treasurer of Oklahoma, among others. 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. Due to the large number of State agencies, the Governor is assisted in running the government through the use of the Oklahoma State Cabinet. Through the State Cabinet, the Governor can address the assembled heads of Oklahoma's fifteen executive branch departments which oversee all of Oklahoma's agencies. Each agency is headed by a Secretary appointed by the Governor to carryout his executive orders more efficiently.
The Governor is an ex officio chairman of many state commissions and committees, such as 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. Thus, the Governor is granted the power of the line-item veto. Any item, or items, so disapproved by the Governor in this manner become void, unless the Legislature re-passes them 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 Commission consisting of thirteen members that review all potential Justices and Judges of Oklahoma's appellate courts, such as 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
Foreign Relations
The Governor, as Oklahoma’s head of state, serves as the chief representative of Oklahoma to the United States and to the world. All deals between Oklahoma and any foreign power (including other US States and the United States) are negotiated by the Governor. This is reflecting the Governor's position as the spokesman for the state and the state’s interests to other state and world leaders. However, the Governor may not make treaties with other nations, as this is prevented by the United States Constitution.
In discharging his duty as chief spokesman, the Governor may be required to testify before the United States Congress or meet with the President of the United States to address national issues that may affect the state. Also, it is the Governor’s responsibility to promote Oklahoma’s industries to the world economy as the spokesman for industrial development within the state. Along with those responsibilities comes the role of chief promoter of Oklahoma’s goods and services to foreign consumers.
The Governor also plays a significant role in national politics. As the representative of Oklahoma, the Governor heads, on a state level, the political party that he may belong to. In this position, the Governor serves as the state’s leader in selecting a party candidate to run for the office of President. Additionally, as Oklahoma’s Head of State, the Governor is Oklahoma to rest of the world. The Governor may travel through the country to promote Oklahoma in a general interest or travel abroad to serve as proponent of America’s interests.
Residence
Since 1928, the Governor of Oklahoma has resided in the Oklahoma Governor's Mansion. Before its construction, Governors lived in various locations around Guthrie and Oklahoma City. Governor Charles N. Haskell set up his administration's office and has official residence within a hotel in Oklahoma City. The Legislature provided for the construction of an official residence after years of debat in 1927. The next year, in 1928, the Mansion was completed.
Built by an Oklahoma City architectural firm, Layton, Hicks and Forsyth, the Mansion is of Dutch-Colonial style. Carthage limestone was used so the exterior of the Mansion would complement the Oklahoma State Capitol, which is located to the west of the Mansion. The legislature allocated $100,000 of state money ($75,000 for construction and $25,000 for furnishing) to the project. Two years later, another $39,000 was set aside to complete outbuildings and landscaping. Though originally having 19 rooms, today the 14,000 square-foot Mansion has 12, including a library, parlor, dining room, grand ballroom, kitchen, sunroom and five bedrooms.
The Mansion also servers as an active museum. Throughout the Mansion, antiques and artwork from both museum and private collections can be found. The Mansion's museum is designed to provide a glimpse into the Oklahoma's history and culture. Artists represented in oil and bronze include N.C. Wyeth, Charles Russell, Thomas Moran and Albert Beirstadt.
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 of Oklahoma 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 Oklahoma 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."
Gubernatorial Trivia
Age and Longevity
- Between the births of Charles N. Haskell in 1860 and Brad Henry in 1963, future governors have been born in every decade
- Between the deaths of Lee Cruce in 1933 and Raymond D. Gary in 1993, former governors have died in every decade except in the 1980s
- The first governor born was Charles N. Haskell in 1860
- The most recent governor born is Brad Henry in 1963
- The shortest term in office was nine days by George Nigh in 1963 (January 6 – January 14, 1963)
- Sworn in at age 34, J. Howard Edmondson was the youngest governor
- Sworn in at age 62, William H. Murray was the oldest governor
- The oldest living former governor is Henry Bellmon at age 84
- The youngest living former governor is David Walters at age 55
- Henry S. Johnston has the longest live-span of any governor, 98 years
- J. Howard Edmondson has the shortest live-span of any governor, 46 years
- No governor has ever died in office
- Two governor have been impeached, both were removed from office
- John C. Walton
- Henry S. Johnston
- Born in 1908, Johnston Murray was the first governor born after state hood in 1907
- E. W. Marland has the shortest post-governorship, 2 years
- William J. Holloway has the longest post-governorship, 39 years
- Of Oklahoma’s 24 governors, three have been Republicans and twenty one have been Democrats
- No woman has ever served as governor
- There are currently six living former governors
Transition Events
- Two Lieutenant Governor has been elevated to the governorship
- Martin E. Trapp in 1923
- William J. Holloway in 1929
- Only three governor have severed more than two terms
- George Nigh
- Henry Bellmon
- Frank Keating
- Only two governors have ever server two consecutive terms
- Two governors have resigned
- J. Howard Edmondson in 1963 to become a United States Senator
- David L. Boren in 1979 to become a United States Senator
Office-Holders
See also
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| Territorial (1890–1907) |  | |
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| State (since 1907) | ||
Italics indicate acting governors | ||