Governor of Montana

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Contents

The Governor of the State of Montana is an elected Constitutional officer, the head of the Executive branch, and the highest state office in Montana. The Governor is popularly elected every four years by a plurality and is limited to two terms in any 16 year span.

Current officeholder

The 23rd and current governor of Montana is Brian Schweitzer, a Democrat elected in 2004 and 2008.

Authority

The state Constitution addresses the office of the governor in Article VI, the Executive Department.

Under Article VI, Section I:

The executive branch includes a governor...

Additionally, under Article VI, Section IV:

The executive power is vested in the governor who shall see that the laws are faithfully executed.

Qualifications

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A candidate for governor must be:

  • at least 25 years of age or older at the time of election
  • a citizen of the United States
  • have resided within the state at least two years at his election

Elections

Montana elects governors in the Presidential elections, that is, in leap years. For Montana, 2004, 2008, 2012, and 2016 are all gubernatorial election years. Legally, the gubernatorial inauguration is always set for the first Monday in the January following an election. Thus, January 7, 2013 and January 2, 2017 are inaugural days.

Vacancies

See also: How gubernatorial vacancies are filled

Details of vacancies are addressed under Article VI, Section 14.

If a Governor-elect dies, is disqualified, or declines to take office, the Lieutenant Governor-elect takes offices and serves as Governor. If the Governor-elect is unable to take office on inauguration day, the Lieutenant Governor-elect served as Acting Governor only until the elected Governor is able to take office.

The Lieutenant Governor also becomes Acting Governor when the Governor so requests in writing, when the Governor's illness or disability renders him unable to make that request, and automatically whenever the Governor has been absent from office for 45 days.

The Lieutenant Governor and the Attorney General may together recommend that the Governor be found unfit to serve and convene the legislature to consider the question.

Under such circumstances, the legislature has 21 days to consider the motion and may declare the Governor until by a two-thirds vote. The Lieutenant Governor then becomes the Acting Governor and the elected Governor retains the prerogative to attest that he is able to resume the office. If the Governor takes this step, the legislature has 15 days to contest the declaration.

Lastly, the Lieutenant Governor assumes the governorship and serves the remainder of the term if the Governor dies, resigns, or is disqualified while in office.

Duties

Montana

The governor has the duty to see see that the Montana Constitution and the laws of the state are faithfully executed. The governor has the power to appoint and supervise the directors of each executive department. Additionally, the governor, as mandated by the state constitution, will give information to the state legislature and recommend measures considered necessary and suitable (§ 9). This includes submitting a budget recommendation detailing expenditures and revenue. The governor has the responsibility to carry out the duties of commander-in-chief of the militia forces of the state.

Other duties and privileges of the office include:

  • Delegating powers to the Lieutenant Governor, excepting those that are Constitutionally vested in the Governor (§ 4)
  • Filling vacancies in all other Executive offices (§ 6)
  • Making all appointments not otherwise provided for by law, filling vacancies with the consent of the Senate, and making recess appointments (§ 8)
  • Vetoing bills, "except bills proposing amendments to the Montana constitution, bills ratifying proposed amendments to the United States constitution, resolutions, and initiative and referendum measures," subject to a legislative override. The Governor may also recommend amendments to bills (§ 10)
  • Convening special sessions of the legislature (§ 11)
  • Granting pardons and reprieves, remitting fines and forfeitures, and restoring citizenship (§ 12)
  • Requiring reports from any executive office and appointing committees to investigate the same (§ 15)

Compensation

Under Article VI, Section 5, the governor's salary is fixed by law and the Governor may not receive any other governmental compensation while in office

As of 2010, the Governor of Montana is paid $100,121 a year, the 42nd highest gubernatorial salary in America.

Former officeholders

Since 1889, Montana has had 23 governors. Of the 23, 13 have been Democrats, 9 have been Republicans, and 1 was a Democratic-Populist.[1]

Contact information

Office of the Governor
Montana State Capitol Bldg.
P.O. Box 200801
Helena MT 59620-0801
Phone:406-444-3111
Fax:406-444-5529

See also

External links

References

  1. ↑ Governor of Montana, "Former governors," accessed November 26, 2011
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