MICHIGAN CONSTITUTION
ARTICLE V
EXECUTIVE BRANCH
Art. V §1 | EXECUTIVE POWER
Art. V §2 | PRINCIPAL DEPARTMENTS
Organization of executive branch; assignment of functions; submission to legislature.
Subsequent to the initial allocation, the governor may make changes in the organization of the executive branch or in the assignment of functions among its units which he considers necessary for efficient administration. Where these changes require the force of law, they shall be set forth in executive orders and submitted to the legislature. Thereafter the legislature shall have 60 calendar days of a regular session, or a full regular session if of shorter duration, to disapprove each executive order. Unless disapproved in both houses by a resolution concurred in by a majority of the members elected to and serving in each house, each order shall become effective at a date thereafter to be designated by the governor.Exemption for independent citizens redistricting commission for state legislative and congressional districts.
Notwithstanding any other provision of this constitution or any prior judicial decision, as of the effective date of the constitutional amendment adding this provision, which amends article IV, sections 1 through 6, article V, sections 1, 2 and 4, and article VI, sections 1 and 4, including this provision, for purposes of interpreting this constitutional amendment the people declare that the powers granted to independent citizens redistricting commission for state and congressional districts (hereinafter, “commission”) are legislative functions not subject to the control or approval of the governor, and are exclusively reserved to the commission. The commission, and all of its responsibilities, operations, functions, contractors, consultants and employees are not subject to change, transfer, reorganization, or reassignment, and shall not be altered or abrogated in any manner whatsoever, by the governor. No other body shall be established by law to perform functions that are the same or similar to those granted to the commission in article IV, section 6.Art. V §3 | SINGLE HEADS OF DEPARTMENTS; APPOINTMENT, TERM
Boards heading departments; appointment, term, removal.
When a board or commission is at the head of a principal department, unless elected or appointed as otherwise provided in this constitution, the members thereof shall be appointed by the governor by and with the advice and consent of the senate. The term of office and procedure for removal of such members shall be as prescribed in this constitution or by law.Boards and commissions, maximum term.
Terms of office of any board or commission created or enlarged after the effective date of this constitution shall not exceed four years except as otherwise authorized in this constitution. The terms of office of existing boards and commissions which are longer than four years shall not be further extended except as provided in this constitution.Art. V §4 | COMMISSIONS OR AGENCIES FOR LESS THAN 2 YEARS
Art. V §5 | EXAMINING OR LICENSING BOARD MEMBERS, QUALIFICATIONS
Art. V §6 | ADVICE AND CONSENT TO APPOINTMENTS
Art. V §7 | VACANCIES IN OFFICE; FILLING, SENATORIAL DISAPPROVAL OF APPOINTEES
Art. V §8 | PRINCIPAL DEPARTMENTS, SUPERVISION OF GOVERNOR; INFORMATION FROM STATE OFFICERS
Court enforcement of constitutional or legislative mandate.
The governor may initiate court proceedings in the name of the state to enforce compliance with any constitutional or legislative mandate, or to restrain violations of any constitutional or legislative power, duty or right by any officer, department or agency of the state or any of its political subdivisions. This authority shall not be construed to authorize court proceedings against the legislature.Art. V §9 | PRINCIPAL DEPARTMENTS, LOCATION
Art. V §10 | REMOVAL OR SUSPENSION OF OFFICERS; GROUNDS, REPORT
He may remove or suspend from office for gross neglect of duty or for corrupt conduct in office, or for any other misfeasance or malfeasance therein, any elective or appointive state officer, except legislative or judicial, and shall report the reasons for such removal or suspension to the legislature.
Art. V §11 | PROVISIONAL APPOINTMENTS TO FILL VACANCIES DUE TO SUSPENSION
Art. V §12 | MILITARY POWERS
Art. V §13 | ELECTIONS TO FILL VACANCIES IN LEGISLATURE
Art. V §14 | REPRIEVES, COMMUTATIONS AND PARDONS
Art. V §15 | EXTRA SESSIONS OF LEGISLATURE
Art. V §16 | LEGISLATURE OTHER THAN AT SEAT OF GOVERNMENT
Art. V §17 | MESSAGES AND RECOMMENDATIONS TO LEGISLATURE
Art. V §18 | BUDGET; GENERAL AND DEFICIENCY APPROPRIATION BILLS
Art. V §19 | DISAPPROVAL OF ITEMS IN APPROPRIATION BILLS
Art. V §20 | REDUCTIONS IN EXPENDITURES
Art. V §21 | STATE ELECTIVE EXECUTIVE OFFICERS; TERM, ELECTION
Lieutenant governor, secretary of state and attorney general, nomination.
The lieutenant governor, secretary of state and attorney general shall be nominated by party conventions in a manner prescribed by law. In the general election one vote shall be cast jointly for the candidates for governor and lieutenant governor nominated by the same party.Secretary of state and attorney general, vacancies in office.
Vacancies in the office of the secretary of state and attorney general shall be filled by appointment by the governor.Art. V §22 | GOVERNOR AND LIEUTENANT GOVERNOR, QUALIFICATIONS
Art. V §23 | STATE ELECTIVE EXECUTIVE OFFICERS, COMPENSATION
Art. V §24 | EXECUTIVE RESIDENCE
Art. V §25 | LIEUTENANT GOVERNOR; PRESIDENT OF SENATE, TIE VOTE, DUTIES
Footnotes
Compiler’s Note:
In Advisory Opinion on Constitutionality of 1978 PA 426, 403 Mich. 631, 272 N.W.2d 495 (1978), the Michigan supreme court held that the lieutenant governor may cast a tie-breaking vote during the final consideration of a bill when the senate is equally divided, and 1978 PA 426 was constitutionally enacted.Art. V §26 | SUCCESSION TO GOVERNORSHIP
Death of governor-elect.
In case of the death of the governor-elect, the lieutenant governor-elect, the secretary of state-elect, the attorney general-elect and such other persons designated by law shall become governor in that order at the commencement of the governor-elect’s term.Duration of successor’s term as governor.
If the governor or the person in line of succession to serve as governor is absent from the state, or suffering under an inability, the powers and duties of the office of the governor shall devolve in order of precedence until the absence or inability giving rise to the devolution of powers ceases.Determination of inability.
The inability of the governor or person acting as governor shall be determined by a majority of the supreme court on joint request of the president pro tempore of the senate and the speaker of the house of representatives. Such determination shall be final and conclusive. The supreme court shall upon its own initiative determine if and when the inability ceases.Art. V §27 | SALARY OF SUCCESSOR
Art. V §28 | STATE TRANSPORTATION COMMISSION; ESTABLISHMENT; PURPOSE; APPOINTMENT, QUALIFICATIONS, AND TERMS OF MEMBERS; DIRECTOR OF STATE TRANSPORTATION DEPARTMENT
The state transportation commission shall consist of six members, not more than three of whom shall be members of the same political party. They shall be appointed by the governor by and with the advice and consent of the senate for three-year terms, no three of which shall expire in the same year, as provided by law.
The director of the state transportation department shall be appointed as provided by law and shall be the principal executive officer of the state transportation department and shall be responsible for executing the policy of the state transportation commission.
Art. V §29 | CIVIL RIGHTS COMMISSION; MEMBERS, TERM, DUTIES, APPROPRIATION
Rules and regulations; hearings, orders.
The commission shall have power, in accordance with the provisions of this constitution and of general laws governing administrative agencies, to promulgate rules and regulations for its own procedures, to hold hearings, administer oaths, through court authorization to require the attendance of witnesses and the submission of records, to take testimony, and to issue appropriate orders. The commission shall have other powers provided by law to carry out its purposes. Nothing contained in this section shall be construed to diminish the right of any party to direct and immediate legal or equitable remedies in the courts of this state.Appeals.
Appeals from final orders of the commission, including cease and desist orders and refusals to issue complaints, shall be tried de novo before the circuit court having jurisdiction provided by law.Art. V §30 | LIMITATIONS ON TERMS OF EXECUTIVE OFFICERS
Any person appointed or elected to fill a vacancy in the office of governor, lieutenant governor, secretary of state or attorney general for a period greater than one half of a term of such office, shall be considered to have been elected to serve one time in that office for purposes of this section. This limitation on the number of times a person shall be elected to office shall apply to terms of office beginning on or after January 1, 1993.
This section shall be self-executing. Legislation may be enacted to facilitate operation of this section, but no law shall limit or restrict the application of this section. If any part of this section is held to be invalid or unconstitutional, the remaining parts of this section shall not be affected but will remain in full force and effect.
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