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State government triplexes: Conflicts between governors and attorneys general
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| Party Control of State Government |
|---|
 |
| Trifectas |
| A trifecta is when one political party holds the governorship, a majority in the state senate, and a majority in the state house in a state's government. |
Current trifecta status Party control of state government Historical and potential changes in trifectas |
| Triplexes |
| A triplex is when one political party holds the positions of governor, attorney general, and secretary of state in a state's government. |
Current triplex status Conflict between governors and AGs Conflict between governors and SoS |
| Analysis |
| Trifecta vulnerability in the 2024 elections Trifectas and triplexes Trifectas and legislatively referred constitutional amendments Who Runs the States report |
A state government triplex is a term to describe when one political party holds the following three positions in a state's government: governor, attorney general, and secretary of state.[1] In states where the attorney general or secretary of state are appointed by the governor, Ballotpedia considers the office to be held by the governor's party for the purposes of defining triplexes.[2] In states where these officers are not all from the same party, differing political views can bring them into direct conflict with one another. According to Christopher Beam of Slate, disputes between governors and attorneys general are fairly common and usually occur along partisan lines. Based on Ballotpedia's analysis, similar disputes are likely to arise between a governor and secretary of state who belong to opposing parties. Having all three executives of the same political party, then, can lessen these conflicts.[3]
There are triplexes in 44 of the 50 states.
- 24
Republican - 20
Democratic
As of January 2023, there were six states where the governor and attorney general were of different parties and six states where the governor and secretary of state were of different parties. To see examples of conflicts between governors and attorneys general, click here. To see examples of conflicts between governors and secretaries of state, click here.
States where parties differ
Conflict
In states where the governor and attorney general are from different political parties, conflict can occur. In this section Ballotpedia tracks examples of executive conflict by the year the conflict began. Ballotpedia began tracking executive conflict in 2017, so most of the examples included occurred in 2017 or later. There are also several historical examples included. Click on the tabs below to see examples of conflict.
2017
Kentucky
Attorney General Andy Beshear (D) sues Governor Matt Bevin (R) over education boards
On June 2, 2017, Gov. Matt Bevin (R) signed an executive order which made modifications to several of the state's education-related boards. The order modified the structure and membership of three existing state educational boards, abolished five more boards and reestablished them under new guidelines, and created a new Charter Schools Advisory Council. In a press release announcing the order, Bevin cited the need to enforce Senate Bill 1, which had revised the state's educational standards, and House Bill 520, which implemented a charter school system.[4] On June 5, Gov. Bevin took the first step towards enacting the order by appointing four non-voting advisers to the Kentucky Board of Education.[5]
On June 7, 2017, Attorney General Andy Beshear (D) released a statement giving the governor seven calendar days to roll back the changes in the June 2 executive order and threatening legal action should the order not be rescinded. In his statement, the Attorney General argued that the Governor "cannot ignore laws passed by the General Assembly that create independent boards, lay out their structure and set mandatory terms for their members. Put simply, he cannot rewrite laws he does not like through executive orders." A statement issued in response by the Governor's office countered that the executive order had its basis in a law that "has been used by Democratic and Republican governors to reorganize executive branch agencies 357 times since 1992, including 103 times by (former) Gov. Steve Beshear."[6] On the June 14 deadline, Attorney General Beshear was sent a letter by Governor Bevin informing him of the Governor's intention to revise the executive order by June 16, leading Beshear to announce a temporary halt to any legal challenge to the order.[7]
On June 16, 2017, Governor Bevin issued an updated executive order, which amended several of the provisions in the original order. Attorney General Beshear filed a lawsuit in Franklin Circuit Court against the new order on June 20, 2017, arguing that it still exceeded the governor's authority.[8] Oral arguments were heard by the court on September 27, 2017.[9] On November 15, 2017, Judge Thomas D. Wingate issued a ruling finding that it was within the governor's right to restructure educational boards via executive order as long as the legislature is not in session, although legislative approval would be required to maintain the new structure after the legislature returns to session. However, the ruling struck down procedural changes Bevin had made to the Education Professional Standards Board as part of the executive order, finding that the section of the governor's executive order that required that teachers appeal that board's rulings before the state Board of Education before challenging them in court was in violation of the Kentucky Constitution. Beshear stated his intention to appeal the ruling before the Kentucky Supreme Court.[10] In June 2019, the Kentucky Supreme Court ruled unanimously in favor of Bevin.[11]
Attorney General Beshear (D) was first elected in 2015, succeeding Jack Conway (D). Governor Matt Bevin (R) was also elected for the first time in 2015, succeeding Gov. Steve Beshear (D), Attorney General Beshear's father. In their time in office together, Beshear has sued Bevin three previous times.
Maine
Governor Paul LePage (R) sues Attorney General Janet Mills (D) for an alleged abuse of power
On May 1, 2017, Governor Paul LePage sued Attorney General Janet Mills (D) for allegedly obstructing his ability to participate in a lawsuit supporting President Donald Trump's (R) March 6, 2017 executive order impacting refugee admissions and immigrant and nonimmigrant travel.
The complaint filed by LePage's office alleged that Mills abused her power when she declined LePage's request that she officially support his position favoring the executive order and informed him that the governor's office, not the attorney general's office, would have to provide the funds to hire outside counsel to represent LePage in any legal actions he took in support of the order. The complaint argued that "all state agencies and the Executive branch are at risk of not being able to carry out their Constitutional and statutorily-mandated functions if the Attorney General declines to represent them, while at the same time remaining in control and possession of the entire appropriation for state legal representation..."[12]
Mills' office responded to LePage's initial request by stating that, per prior court decisions, the attorney general can decline to represent the governor and that her office is "not aware of any such precedent regarding payment of fees for outside counsel to represent the Executive Branch, nor are we are aware of any statutory basis for requiring payment of counsel fees from this office's legislative appropriation." In response to the complaint, her office released a statement saying, "The attorney general has never denied the governor the ability to retain outside counsel in any particular matter. We have simply said that whoever the governor chooses should be licensed to practice law and should carry malpractice insurance, two common-sense prerequisites which any prudent business person would employ as well."[12]
On October 18, 2017, Kennebec County Superior Court Justice Michaela Murphy dismissed LePage's lawsuit on the grounds that the deadline to file briefs in the case challenging the March executive order had already been reached. Murphy went on to argue that the court did not have authority under the Maine Constitution to require Mills' office to cover the cost of outside counsel since the state Legislature is given full authority over appropriations. Murphy's ruling left the possibility of legislative intervention open: "Going forward, it is well within the Legislature’s powers to do just that...However, any order from this Court requiring that ‘the costs of engaging the outside attorney must be paid out of the appropriation for the Attorney General’ under these circumstances would violate the Maine Constitution."[13]
Mills declined to represent LePage in several other instances, including cases in 2014 over whether LePage's administration could drop non-disabled young adult Medicaid recipients from the state rolls and whether LePage's administration could withhold municipal reimbursement payments that go to immigrants residing in the country without legal permission.[12] She also declined LePage's request that Maine support legal arguments in favor of an earlier executive order from Trump that concerned refugee admissions and immigrant and nonimmigrant travel.[12] In 2015, LePage requested an advisory opinion from Maine's Supreme Court to decide whether he could hire outside counsel when Mills declined to represent him. While the court chose not to rule on whether the governor must seek permission from the attorney general to hire outside counsel, it did say that when the attorney general declines to support the governor's position, he or she is "no longer directing the litigation of the executive branch."[14]
Maine's attorney general is appointed by the state legislature, with all members of the Maine State Senate and the Maine House of Representatives voting on nominees on a secret ballot in a joint session. Mills was sworn in to her current position in 2013, after being appointed by a Democratic-controlled legislature. She was reappointed to the position in 2014 and 2016, when Republicans controlled the Maine Senate but the total partisan composition of the legislature favored the Democrats. She previously served as attorney general from 2009 to 2011.
LePage was first elected as governor in 2010 and was reelected in 2014. In 2015, LePage proposed a bill that would have made the position of attorney general appointed by the governor rather than the legislature.[15]
2016
Kentucky
Lawsuits by Attorney General Andy Beshear (D) against Governor Matt Bevin (R)
Lawsuits over boards of trustees abolishments
On June 22, 2016, Attorney General Beshear announced his intent to sue Gov. Bevin regarding Bevin's executive orders that reorganized the boards of trustees of the Kentucky Retirement Systems, the state's pension agency, and the University of Louisville. In the weeks prior, Bevin had abolished the Kentucky Retirement Systems board and created a new board in its place containing four new members in addition to the original 13 members. He also abolished the University of Louisville board, ousting four board members responsible for the university's nonprofit foundation.[16][17][18]
Beshear denounced the actions and sought a temporary restraining order to halt the changes from taking effect; he planned to file the motion as part of a pre-existing lawsuit filed by four current and former members of the Kentucky Retirement Systems board of trustees.[19] Bevin asserted at a press conference that he had authority over the boards of state-controlled agencies.[18]
Franklin County Circuit Judge Phillip Shepherd approved a temporary injunction against Bevin's removal of the Kentucky Retirement Systems board chairman, Thomas Elliott, on August 22, 2016, but he also ruled that Bevin did have the authority to reorganize the board. The decision reinstated Elliott as chair pending a final court decision on the matter.[20] Judge Shepherd dismissed Beshear's lawsuit in January 2018 after the state legislature ratified the Kentucky Retirement Systems changes in 2017.[21]
Beshear also sued Bevin in 2016 regarding the University of Louisville board of trustees. As in the Kentucky Retirement Systems lawsuit, Beshear alleged that Bevin did not have the authority to abolish the board.[22] Judge Shepherd approved a temporary injunction against Bevin's actions on July 29. "The record here is devoid of any legal or factual precedent for a Governor to abolish and recreate an entire board of trustees of a public university," wrote Shepherd in the opinion. In response to the injunction, Bevin said, "The circuit court ignored binding precedent from the Kentucky Court of Appeals, the plain language of the statute at issue, and a recent opinion from the Office of the Attorney General, that the Governor has authority to propose and temporarily implement the reorganization of the University of Louisville Board of Trustees."[23] On September 28, 2017, the Kentucky Supreme Court dismissed Beshear's lawsuit after the state legislature ratified Bevin's modifications to the board's structure and granted the governor the power to make similar modifications to the structure of university boards in the future.[24]
Lawsuit over education budget cuts
Beshear filed a civil suit against Bevin on April 11, 2016, which claimed that budget cuts made by Bevin violated the Kentucky Constitution's distribution of powers article. Bevin had announced a 2 percent budget cut to state colleges and universities on April 1, which took effect immediately. Beshear called the decision illegal and asked the court to order Bevin to release the funds.[25][26]
After his election in 2015, Bevin proposed budget cuts for state agencies in order to address the state pension fund's unfunded liabilities. The pension fund had $30 billion in unfunded liabilities as of January 2016. "We cannot move forward unless we address the crippling debt that faces this state," the governor said in his 2016 State of the State address.[27]
On May 19, 2016, Franklin County Circuit Judge Thomas Wingate ruled against Beshear. His decision stated that the constitution did not prevent Bevin from instructing colleges to spend less money, as he did in the executive order, but did prevent him from altering the funding they receive.[28] Beshear appealed the ruling and on September 22, 2016, the Kentucky Supreme Court ruled that Bevin did not have the authority to control the budgets of public colleges and universities without the legislature’s approval. This reversed the lower court's decision.[29]
Attorney General Beshear (D) was first elected in 2015, succeeding Jack Conway (D). Governor Matt Bevin (R) was also elected for the first time in 2015, succeeding Gov. Steve Beshear (D), Attorney General Beshear's father.
2015
Colorado
Governor John Hickenlooper (D) and Attorney General Cynthia Coffman (R) clash over Clean Power Plan
In 2015, Colorado Governor John Hickenlooper (D) asked Colorado's Supreme Court to intervene when Attorney General Cynthia Coffman (R) joined other Republican attorneys general in a lawsuit seeking to block the implementation of the Clean Power Plan, an EPA regulation that mandated reductions in carbon dioxide (CO2) emissions from new and existing fossil fuel-fired electric steam-generating units and included mandatory state-specific CO2 reductions. The Clean Power Plan rule went into effect during the administration of President Barack Obama (D).
Coffman joined the lawsuit in August 2015, saying that she thought the rule "impacts the rights of our state government to make these decisions about how electricity is delivered.”[30] In October 2015, Hickenlooper, who supported the Clean Power Plan, announced that he would ask the Colorado Supreme Court to rule on whether it was legal for Coffman to join the lawsuit. In an interview with the Denver Post, he argued that the governor, not the attorney general, should make the final decision about whether to sue the federal government.[31] After Hickelooper's office filed a petition with the Colorado Supreme Court, Coffman filed a response where she argued, "Even when the governor and the attorney general split along party lines, the attorney general has not only the authority but also the public duty to seek judicial review to protect the legal interests of Colorado."[32] In December 2015, Colorado's Supreme Court declined to consider Hickenlooper's petition.[33]
Colorado's attorney general is an statewide elected office. The position is term-limited to two four year terms. Coffman was first elected in 2014. Colorado's governor is also term-limited to two four year terms. Hickenlooper was first elected governor in 2010 and was reelected in 2014.
2010
Georgia
Governor Sonny Perdue (R) bypasses Attorney General Thurbert Baker (D) when he declines to join Affordable Care Act lawsuit
In 2010, Attorney General Thurbert Baker (D) declined Governor Sonny Perdue's (R) request that Georgia join other states with Republican governors in a lawsuit against the federal government challenging a provision in the recently-enacted Affordable Care Act requiring individuals to purchase health insurance or face a tax penalty. The Affordable Care Act was passed by a Democratic-controlled Congress and signed into law by President Barack Obama (D).
In his official response to Perdue's request, Baker said, "While I understand that the new law is the subject of ongoing debate here in Georgia and around the nation, I do not believe that Georgia has a viable legal claim against the United States. Considering our state's current severe budgetary crisis, with vital services like education and law enforcement being cut deep, I cannot justify a decision to initiate expensive and time-consuming litigation that I believe has no legal merit."[34]
Following Baker's decision to not join the suit, Perdue appointed trial attorney Frank Jones to represent Georgia as a special attorney general in the lawsuit. Perdue had authority under the Georgia Constitution to appoint a special attorney attorney general with the same powers as the official attorney general. Baker did not attempt to prevent Perdue from appointing a special attorney general. Jones and other attorneys who represented Georgia in the lawsuit did not charge for their services.[35] Members of the Republican-controlled Georgia General Assembly threatened to pursue articles of impeachment against Baker following his decision to not represent the state. State Representative Mark Hatfield (R) filed an impeachment resolution, saying that Baker "abdicated his authority and has committed an act against the state of Georgia." The articles of impeachment were not acted upon.[36]
Baker did not run for re-election in 2010, instead running for governor where he was defeated in the Democratic primary. He was replaced as attorney general by Republican Samuel S. Olens, who took over Jones' role in the lawsuit. The Supreme Court issued a ruling in the suit on June 28, 2012, upholding the provision requiring individuals to purchase health insurance but striking down the provision of the law that required states to expand Medicaid coverage. Read more about the lawsuit and the Supreme Court decision here.
Perdue and Baker previously clashed in 2003 when the recently-elected Perdue sued Baker for declining to drop an appeal of a case involving a legislative redistricting plan that had been signed into law by Perdue's predecessor, Gov. Roy Barnes (D). The Georgia Supreme Court ruled in Baker's favor, saying that the attorney general is independent of the governor and has discretion over the state's legal affairs.
Georgia's attorney general is a statewide elected office. Baker was first appointed to the position in 1997 and served until 2010 when he resigned to run for governor. Perdue was first elected governor in 2002 and served until 2011 when he was term limited.
See also
Footnotes
- ↑ Ballotpedia chose to highlight these offices because they are typically the most visible positions in states and serve important administrative functions.
- ↑ This is because it is very uncommon for an attorney general or secretary of state appointed by a governor to often be in direct conflict with that governor.
- ↑ Slate, "Who's the Boss?" April 2, 2010
- ↑ Courier-Journal, "Gov. Matt Bevin establishes charter school advisory council, restructures education boards," June 2, 2017
- ↑ Courier-Journal, "Following executive order, Gov. Matt Bevin appoints non-voting advisers to Board of Education," June 5, 2017
- ↑ Courier-Journal, "Kentucky attorney general challenges Bevin executive order on education boards," June 7, 2017
- ↑ Courier-Journal, "Beshear to hold off on filing suit over Bevin executive order on education boards," June 15, 2017
- ↑ Courier-Journal, "Andy Beshear, Matt Bevin clash after AG says time's up, sues over education boards," June 20, 2017
- ↑ Lexington Herald-Leader, "Beshear battles Bevin’s revamp of education boards. ‘Bogus,’ responds Bevin’s lawyer.," September 27, 2017
- ↑ Lexington Herald-Leader, "Judge rules Bevin can reorganize education boards, but he went too far with one," November 15, 2017
- ↑ Louisville Courier-Journal, "Bevin wins high court ruling over Beshear on his reorganization of education boards," June 13, 2019
- ↑ 12.0 12.1 12.2 12.3 Bangor Daily News, "LePage sues attorney general for not representing his legal positions," May 1, 2017
- ↑ Portland Press-Herald, "Judge dismisses LePage lawsuit against attorney general over cost of hiring outside attorneys," October 18, 2017
- ↑ Bangor Daily News, "LePage, Mills both claim victory in court’s decision over outside legal counsel," March 10, 2015
- ↑ Bangor Daily News, "LePage’s bid to have governors appoint attorneys general rejected in bipartisan vote," June 11, 2015
- ↑ Courier-Journal, "Bevin abolishes pension board, creates new one," June 17, 2016
- ↑ University Herald, "Four University of Louisville board members lose their positions, following Governor Bevin's cleanup," June 23, 2016
- ↑ 18.0 18.1 Wave3, "KY Attorney General to sue governor to stop reorganization of board," June 22, 2016
- ↑ Lexington Herald-Leader, "Former, current members of pension board sue Bevin over dismissal," June 19, 2016.
- ↑ Lexington Herald-Leader, "Judge blocks Bevin’s ouster of pension board member; says board can be reorganized," August 22, 2016
- ↑ Pensions & Investments, "Judge dismisses lawsuit questioning Kentucky governor’s ability to restructure pension fund board," January 9, 2018
- ↑ Louisville Business First, "Beshear files another lawsuit against Bevin over new U of L board," July 5, 2016
- ↑ 89.3 WFPL, "Judge Blocks Bevin’s U of L Board Appointments," July 29, 2016
- ↑ Courier-Journal, "Bevin claims win after justices dismiss suit on University of Louisville board shake-up," September 28, 2017
- ↑ Courier-Journal, "Bevin orders immediate university budget cuts," April 1, 2016
- ↑ The Washington Post, "Kentucky attorney general uses governor over education cuts," April 12, 2016
- ↑ Courier-Journal, "Police, job growth get boost from Bevin budget," January 27, 2016
- ↑ Courthouse News Service, "Kentucky Governor Can Cut University Budgets," May 19, 2016
- ↑ WTVQ.com, "KY Supreme Court: Bevin's higher ed cuts are illegal," September 22, 2016
- ↑ Denver Post, "Colorado attorney general to join in suit on Obama’s Clean Power Plan," August 29, 2015
- ↑ Denver Post, "Hickenlooper to challenge attorney general’s Clean Power Plan lawsuit," October 26, 2015
- ↑ Denver Post, "Colorado AG responds to governor’s challenge of Clean Power Plan suit," November 20, 2015
- ↑ Denver Post, "Colorado high court denies Hickenlooper in Clean Power Plan split with AG," December 3, 2015
- ↑ Georgia Attorney General "Attorney General Baker Responds to Governor Perdue's Request To Initiate Healthcare Reform Litigation," March 24, 2010
- ↑ Legal News Line, "Georgia Governor Circumvents AG to Join Health Care Lawsuit," accessed May 29, 2017
- ↑ The Augusta Chronicle, "Lawmaker wants to impeach Baker over health care" 30 March, 2010
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