Frequently Asked Questions about Electing Officers in the California Legislature

Frequently Asked Questions about Electing Officers in the California Legislature By Chris Micheli

            Are there rules related to electing officers in the California Legislature? Yes, these rules related to officer elections are found in the state Constitution, Government Code, and rules of the respective houses.

            What does the state Constitution provide? Article IV, Section 7(a) provides that “each house shall choose its officers.” Nothing further is provided related to choosing officers, but Section 7(c)(4) specifies that political party caucuses may meet in closed session.

            What does the Government Code provide? First, the California Government Code provides for the election of officers and a majority vote is required for those elected to these positions.

Is there a time requirement for electing officers? Government Code Section 9020 requires the Legislature to convene its Session on the first Monday in December and “immediately organize,” which includes the election of officers. The Senate is described in Section 9022 and the Assembly in Section 9023.

Who are the officers of the State Senate? Government Code Section 9170 provides that the “officers and employees of the Senate” are: (a) A President. (i.e., the Lt. Governor); (b) A President pro tempore, one secretary, one Sergeant-at-Arms, one minute clerk and one chaplain. (c) Other officers and employees deemed necessary by the Senate and provided for by resolution of the Senate. 

How are Senate officers elected? Officers and employees are elected by a majority vote of the duly elected and qualified members of the Senate. As a result, 21 votes (assuming all 40 Senators are seated) are required to elect the officers of the Senate.

 

Who are the officers of the State Assembly? Government Code Section 9171 provides that the “officers and employees of the Assembly” are: (a) A Speaker, a Speaker pro Tempore, a Majority Floor Leader, a Minority Floor Leader, one Chief Clerk, one Sergeant at Arms, one Minute Clerk and one Chaplain. (b) Other officers and employees deemed necessary by the Assembly and provided for by resolution of the Assembly.

 

How are Assembly officers elected? Officers and employees are elected by a majority vote of the duly elected and qualified Members of the Assembly. As a result, 41 votes (assuming all 80 Assembly Members are seated) are required to elect the officers of the Assembly.

 

How are officers removed? Government Code Section 9173 specifies that “any officer or employee appointed or elected by the Senate or Assembly may at any time be removed in the same manner as is provided for his election or appointment.” In other words, the same majority vote is required to remove an officer of the Senate or Assembly.

 

What do the Senate Rules provide for electing officers? SR 10.5 concerns “Elected and Appointed Officers.” It repeats the constitutional and statutory provisions above by providing: “On the first day of each session, the President pro Tempore, members of the Committee on Rules, Secretary of the Senate, and Sergeant at Arms shall be elected by a majority vote of the duly elected and qualified Members of the Senate and shall serve until their successors are elected and qualify.”

 

What do the Assembly Rules provide for electing officers? AR 1(a) concerns “Assembly General Officers.” It provides: 1. (a) The general officers of the Assembly are the following:

(1) Speaker

(2) Speaker pro Tempore

Assistant Speaker pro Tempore

Majority Leader

Republican Leader

(3) Chief Clerk

Sergeant at Arms

Chaplain

“(b) Except for the officers listed in paragraph (2) of subdivision (a), each officer listed in subdivision (a) shall be elected by a majority vote of the duly elected and qualified Members. As a result, the Speaker, Chief Clerk, Sergeant at Arms, and Chaplain are elected by a majority vote.”

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