McGeorge Adjunct Professor Chris Micheli

Provisions about nominations and commissions made by the Governor are found in California’s Government Code in Title 1, Division 4, Chapter 2, Article II. Article II deals with nominations by the Governor. Article III provides for commissions by the Governor.

Starting in Article II, with nominations, Government Code Section 1320 requires nominations that are made by the Governor to the Senate to be in writing, to designate the residence of the nominee, as well as the office for which he or she is nominated.

Government Code Section 1321 requires the Secretary of the Senate, when the Senate agrees with a nomination, to deliver a copy of the resolution of concurrence to the Secretary of State and a copy to the Governor.

Government Code Section 1322 specifies 20 different officers that are subject to confirmation by the Senate. Section 1323 provides that any officer or any member of a board or commission whose salary is provided in the Government Code – related to salaries as specified positions – are all subject to confirmation by the State Senate.

Article III of the Government Code, Title 1, Division 4, Chapter 2 focuses on commissions made by the Governor

Government Code Section 1340 requires the Governor to commission all officers that are elected by the Legislature, all officers of the militia, and all officers that are appointed by the Governor.

Section 1341 specifies that the commissions of all officers that are commissioned by the Governor are to be issued in the name of the People of the State of California. These commissions are signed by the Governor and attested to by the Secretary of State.

Finally, Section 1342 requires that the commissions of all other officers were no special provision is made by law are to be signed by the Presiding Officer of the body or by the person who is making that particular appointment.

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