The Executive Summary: Why do state officials leave office early?

June 27, 2013

Edited by Greg Janetka

This edition of The Executive Summary highlights a new feature on Ballotpedia tracking state executives who leave office prior to the end of their term. We also look at controversies involving officials in Utah and Pennsylvania, new appointments in Iowa and Tennessee, keep you up to date on 2013/2014 election news, and throw a trivia question your way.

Irregular office changes

Unique among the areas covered by Ballotpedia, the world of state executive officials includes a fair amount of turnover which often flies under the radar. If a high-profile officeholder, such as a governor or secretary of state, leaves office before the expiration of their term the story makes all the headlines. Down ballot offices, however, which are often stepping-stones for ambitious politicians or homes for lifelong bureaucrats, see changes that are all but ignored. Ballotpedia is attempting to compile complete information on these changes across all the state executive offices that we cover.

Who are these people and why do they leave office? Throughout the course of a year, state officials leave their position for a variety of reasons. Some of them resign for other jobs, some of them resign due to scandal. Still others are appointed to higher positions which then create vacancies in their prior posts. For the purpose of this project we define an irregular office change to be when an elected or appointed official does not complete the full term of office. Some appointed officials serve an indefinite term where they are either not subject to reappointment or "serve at the pleasure of the governor." These have been included in the numbers below.

As of today, June 27, 2013, Ballotpedia has identified 26 irregular office changes in 21 states. Iowa has had the most with three changes. There have been 5 irregular changes in top ballot offices and 21 in down ballot offices.

All of the 13 main positions we cover, with the exception of Governor, have included at least 1 irregular office change in 2013. The positions that saw the most irregular changes this year include Labor Commissioner (5), Public Service Commissioner (4), Lieutenant Governor (3), Superintendent of Schools (3), and Natural Resources Commissioner (3).

For complete information see State executive official irregular office changes and State executive official irregular office changes, 2013

The reasons for state executive official changes in 2013 are as follows:

• 7 due to appointment to new position/government post
• 5 due to accepting new private sector job
• 4 due to scandal/asked to resign
• 4 due to reasons unclear
• 4 due to retirement/family reasons
• 1 due to denied reappointment
• 1 resigned after new law changed the office

The partisan breakdown for vacancies created in 2013 is as follows:

• 2 Democratic positions
• 5 Republican positions
• 19 Independent/Nonpartisan positions

Notable changes

In this first six months of 2013, three lieutenant governors resigned:

• Nebraska's Rick Sheehy (R) left his post on the heels of an investigative report from the Omaha World-Herald revealing that Sheehy had abused his state-issued mobile phone privileges by making thousands of personal phone calls to women other than his wife over the previous four years.
• Jennifer Carroll (R) resigned her position in Florida on March 13, 2013 after being asked to do so by Gov. Rick Scott. Carroll had been named as a subject of interest in her affiliation with Allied Veterans of the Worlds, who were found to be operating illegal gambling companies.
• Tim Murray (D) of Massachusetts resigned his seat effective June 2, in order to lead the Worcester Regional Chamber of Commerce.

Happenings

Utah Attorney General John Swallow

Troubles continue for Utah Attorney General

With numerous investigations and controversies surrounding Utah Attorney General John Swallow (R), and with his adamant refusal to resign, talk of possible impeachment has gained ground from all sides, including Republican lawmakers. Indeed, even Gov. Gary Herbert (R) chimed in, saying on June 11 that he would fire Swallow if he worked for him.

After a Republican House Caucus meeting to discuss impeachment on June 19, lawmakers instead chose to create an investigative committee outside of the impeachment process to determine if the situation is hurting the public trust. In response, Swallow, who stated once again that he wouldn't resign, said, “I think they got it right today where they decided it wasn’t time yet to start any serious discussion about impeachment. They simply need answers.”

The creation of the committee does not rule out the possibility of future impeachment proceedings. Under the Utah Constitution, the House is responsible for impeaching officials, while the Senate decides if they remain in office. The special session is expected to convene before the scheduled interim meetings on July 17.

Soon after his election in 2012, Swallow was beset with a series of controversies that led him to become the subject of federal, state and local investigations involving allegations of election law violations and questionable dealings with a businessman who was also under investigation.

Last week prosecutors announced Marc Sessions Jenson, a convicted businessman in the case, was offered immunity for information he may provide on Swallow, his predecessor in the office Mark Shurtleff, and four others.

Former Secretary Richard Allan

Pennsylvania natural resources secretary asked to resign

Governor of Pennsylvania Tom Corbett (R) asked Richard Allan to resign his post as Pennsylvania Secretary of Conservation and Natural Resources on June 13, which he promptly did. Corbett, who originally named Allan to the position on March 23, 2011, called for the resignation due to Allan’s use of a racial epithet in an email.

The email exchange, which took place May 3, 2013, was between Allan and his wife Patricia, who was then working at the Department of Environmental Protection. His wife wrote in an email that her co-worker, who is black, was showing her "true colors." Allan answered with a single word, "COLORS," in all caps with exclamation points. After finding out about the exchange, the co-worker filed a complaint.

Ellen Ferretti, who had served as a deputy for parks and forestry since June 2011, was appointed acting secretary.

Appointments

Iowa Director of Education

On June 18, Governor Terry Branstad appointed Duane "D.T." Magee interim Director of Education for the state of Iowa. Magee, who assumed the role on June 24, is filling in for resigned director Jason Glass while the governor searches for a permanent replacement. Glass' term was not set to expire until 2015, but he left office early in order to become superintendent of the Eagle County School District. Magee has served as the executive director of the Iowa Board of Educational Examiners since July 2012. He will continue to perform the duties of that office during his time as interim director.

His education experience prior to entering state employment includes working as an assistant superintendent of human resources and director of human resources for the Waukee Community School District, and as a principal in the Harlan Community School District.

Whoever Branstad nominates to formally succeed Glass as state Director of Education will be subject to confirmation by the Iowa State Senate.

Tennessee Regulatory Authority

Robin Bennett was appointed as a director of the Tennessee Regulatory Authority by House Speaker Beth Harwell on June 14. Her appointment filled the vacancy created by Sara Kyle's resignation from the board. Bennett will serve alongside chairman Jim Allison, vice chairman Herbert Hilliard, executive director Earl R. Taylor, and directors Kenneth Hill, David Jones. She currently serves as a Vice President and financial center manager for First Tennessee bank.

The regulatory authority recently underwent a major structural transition following the passage of a measure changing the membership of the agency from four full-time directors to five part-time directors and established the executive director position. The bill, HB 2385/SB 2247, was signed into law by Gov. Bill Haslam during the 2012 legislative session.

Previously, the four directors were each appointed from a different source: one by the governor, one by the president of the state senate, one by the speaker of the state house, and one by joint appointment. The directors were appointed to staggered, six-year terms. All appointments were confirmed by joint resolution by both the state senate and state house, except the director who is appointed by joint appointment of the three appointing authorities.

Kyle was first nominated to the position by then-State House Speaker James Naifeh 1996. She was re-appointed to six-year terms in 2002 and 2008, with her term expiring in 2014. However, she chose to resign on March 13, 2013, citing the changes made to the body by legislation in 2012.

“There’s never a good time to leave public service but things have changed at the TRA and it’s become part time but consumers are full time — they need full-time service. I believe I can use my skills and talents for consumers elsewhere. I don’t know where that will be right now but I will be looking for opportunities,” she stated.

2013 Elections

See also: State executive official elections, 2013

State Executive Official Elections Results in 2013
Office	Incumbent	Incumbent Party	Incumbent Running?	2013 Winner	Partisan switch?
Governor of New Jersey	Chris Christie	Republican	Yes	Pending
Lieutenant Governor of New Jersey	Kim Guadagno	Republican	Yes	Pending
Governor of Virginia	Bob McDonnell	Republican	No	Pending
Lieutenant Governor of Virginia	Bill Bolling	Republican	No	Pending
Attorney General of Virginia	Ken Cuccinelli	Republican	No (running for governor)	Pending
Superintendent of Wisconsin	Tony Evers	Nonpartisan	Yes	Tony Evers	No

There are three states holding state executive official elections in 2013 -- New Jersey, Virginia and Wisconsin. A total of six officials will be elected. The attention-grabbing positions up for election are Governor of New Jersey and Governor of Virginia. Both made The Washington Post’s list of the top five races to watch in 2013.

Wisconsin

The first state executive election in 2013 took place in Wisconsin on April 2, 2013. Incumbent Wisconsin Superintendent of Public Instruction Tony Evers won re-election to a second term against challenger Don Pridemore. Evers, a career educator, handily defeated Don Pridemore, a Wisconsin State Assemblyman since 2005. Although the Superintendent of Public Instruction is a nonpartisan position, Evers is a Democrat and Pridemore is a Republican.

The race attracted considerable buzz in the lead-up to the election, owing in large part to the controversial education proposals put forth by Gov. Scott Walker (R) in his 2013-2015 budget plan, as well as Pridemore's penchant for provoking the media - with dramatic pronouncements about his campaign agenda or else by creating a blacklist of a number of "liberal" political reporters.

Evers received over 61% of the vote, equalling 487,030 votes. This figure points to Evers' growth in popularity since his initial election to the post back in 2009, when he won 439,248 votes and a roughly 15 percentage point victory over a different single challenger, Rose Fernandez.

Below are the official results of the superintendent race, certified by the Wisconsin Government Accountability Board on April 23.

Wisconsin Superintendent of Public Instruction General Election, 2013
Party		Candidate	Vote %	Votes
	Nonpartisan	Tony Evers Incumbent	61.1%	487,030
	Nonpartisan	Don Pridemore	38.7%	308,050
	Scattering	Various	0.2%	1,431
Total Votes				796,511
Election Results via Wisconsin Government Accountability Board (dead link).

Virginia

Former Virginia Governor Bob McDonnell (R) was ineligible to run for re-election in 2013 because of term limits. Term limits for governors in Virginia are stricter than in any other state in the country. Under the commonwealth's constitution, governors are prohibited from serving consecutive terms. As a result, Governor Bob McDonnell, despite being in his first term, was ineligible to seek re-election.

Virginia does not impose term limits on the office of attorney general, which made Attorney General Ken Cuccinelli's (R) decision to run for governor, rather than seek re-election, unexpected. Had Cuccinelli not entered the race, outgoing Lieutenant Governor Bill Bolling would have been considered the frontrunner for the Republican nomination to succeed Governor Bob McDonnell. Following the state Republican Party's decision to switch from an open primary election to a closed nominating convention beginning in 2013, and with Cuccinelli entering the race, outgoing Lieutenant Governor Bill Bolling withdrew his bid for the Republican nomination in November 2012. Regarding the option of seeking re-election as lieutenant governor, Bill Bolling stated that, “Under normal circumstances, I would be open to the possibility of running for another term as lieutenant governor, but I would not be interested in running on a statewide ticket with Mr. Cuccinelli.” He later said he regretted dropping out of the race as early as he did.

McDonnell had previously pledged his support for Bolling's candidacy, in part because Bolling refrained from challenging McDonnell for governor in 2009. After Bolling left the race, Governor Bob McDonnell endorsed fellow Republican Ken Cuccinelli as his preferred successor, despite Cuccinelli’s public opposition to McDonnell’s Transportation Initiative, which was widely viewed as a key part of the governor’s legacy. Interestingly, Cuccinelli’s general election opponent, former Democratic National Committee Chairman Terry McAuliffe, was also vocal on the transportation funding issue, but in support of Governor McDonnell’s approach to amending the state’s transportation funding policy.

In response to the major party picks, the Libertarian Party held a special convention and nominated Robert Sarvis as the party's official gubernatorial candidate.

Like Cuccinelli and Sarvis, McAuliffe faced no primary opponent. In the days leading up to the election, Terry McAuliffe maintained a comfortable lead in both polling and fundraising over Ken Cuccinelli and Robert Sarvis. Aggregated polling data showed McAuliffe holding an average advantage of about seven percentage points over Cuccinelli. This lead was largely driven by a preference for McAuliffe among female voters, who favored him 58–34 percent, while support among male voters was nearly even between the two candidates. In the final campaign finance reporting period ending October 28, Terry McAuliffe reported raising $8.1 million, compared to Ken Cuccinelli’s $2.9 million. McAuliffe also held $1.6 million in cash on hand, roughly twice the amount Cuccinelli had available. Libertarian candidate Robert Sarvis trailed both major-party candidates, reporting $81,595 raised and $58,584 in cash on hand. Hillary Clinton's endorsement of Terry McAuliffe on October 19—her first campaign event appearance since leaving the position of U.S. Secretary of State—further enhanced McAuliffe’s status as the frontrunner. Former President Bill Clinton threw in his support soon thereafter, followed by President Barack Obama and first lady Michelle Obama, who joined the McAuliffe campaign effort in the final week of the election season.

The three candidates faced off in the general election on November 5, 2013. McAuliffe won by a 2.6 percent margin.

Impact of US government shutdown on governor's race

The 2013 federal government shutdown occurred during the final weeks of the Virginia gubernatorial race, adding a significant backdrop to the contest between major party nominees Terry McAuliffe (D) and Ken Cuccinelli (R). Each campaign released an ad during the aftermath of the shutdown.

Seeking to build on his 5.3% polling lead, McAuliffe’s campaign released an advertisement linking Cuccinelli to Republican members of Congress, highlighting Cuccinelli’s association with Sen. Ted Cruz (R-TX). The ad referenced Cuccinelli's previous effort to defund Planned Parenthood, suggesting that these actions contributed to delays in passing other legislation. The ad also claimed that Cuccinelli had been sufficiently opposed to Mark Warner's 2004 budget to call for a shutdown of the state government.

Cuccinelli's campaign released an ad citing articles from The Washington Post and the Richmond-Times Dispatch that criticized McAuliffe’s proposed budget plan and claimed McAuliffe had threatened a government shutdown if the plan was not approved. The radio spot also accused McAuliffe of being "against compromise, against working together to find solutions,” pointing to McAuliffe's support for Democratic members of Congress who had supported the government shutdown.

The shutdown was also referenced by Libertarian candidate Robert Sarvis, who argued that it had soured voters on the major parties. "People are looking for other options they don't like what they have to see from those two parties and we're trying to fill that void with principled advocacy for more freedom in our economic sphere and personal lives," stated Sarvis.

Incumbent Lieutenant Governor Bill Bolling (R) did not seek re-election in 2013. Nine candidates filed to fill the executive seat, including two Democrats and seven Republicans. State Sen. Ralph Northam defeated Aneesh Chopra for the Democratic Party's nomination for lieutenant governor in the June 11 primary election. Northam's general election opponent was Republican E.W. Jackson. Jackson was nominated by delegates of the Virginia Republican Party at the party-funded statewide primary convention on May 17-18. Until Jackson's convention victory, Virginia Republicans had not nominated an African-American for any statewide office since nominating Maurice Dawkins' in 1988.

In the November 5, 2013, general election, Northam defeated Jackson by a margin of over 10 percentage points.

In March 2013, Governing magazine rated Virginia’s open attorney general seat as vulnerable ahead of the election, citing incumbent Republican Ken Cuccinelli 's decision not to seek re-election.

The race to succeed Cuccinelli as attorney general began with contested nomination processes in both parties, with Republicans selecting their nominee at a convention and Democrats holding a primary election. On May 18, 2013, state Sen. Mark Obenshain and state Rep. Rob Bell competed for delegate votes at the state Republican Party closed nominating convention, with Obenshain securing the nomination. On the Democratic side, state Sen. Mark Herring defeated former assistant U.S. attorney Justin Fairfax in the primary election held on June 11, 2013.

In late October 2013, polls indicated that Mark Herring held a narrow lead over Mark Obenshain in the attorney general race. Several organizations engaged in satellite spending efforts ahead of the November election, including:

• Planned Parenthood and Independence USA PAC (primarily funded by New York City Mayor Michael Bloomberg), which spent about $1 million to criticize Obenshain
• The National Rifle Association, which spent $500,000 to target Herring
• The Republican State Leadership Committee, which spent $2.6 million in support of Obenshain

The outcome of the election was initially too close to call, but after a recount, Herring won the seat by 907 votes out of 2,209,183 votes cast.

With both the Republican convention and Democratic primary election now over, the ballots for the Nov. 5 general election are set for major party candidates seeking the open seats of governor, lieutenant governor, and attorney general. The candidates include:

Governor

• Terry McAuliffe

• Ken Cuccinelli

• Robert Sarvis

Lieutenant Governor

• Ralph Northam

• E.W. Jackson

Attorney General

• Mark Herring

• Mark Obenshain

New Jersey

New Jersey held primary elections on June 4 for governor. Republican incumbent Chris Christie and Democratic state Sen. Barbara Buono faced one challenger each, though ultimately neither presented much of a challenge. With 98% of precincts reporting, results show both Christie and Buono winning their respective party nominations with roughly 90% of the vote. Former Atlantic City Councilman Seth Grossman was the sole Republican to brave a run against the popular first term governor, whose star has long been on the rise but turned meteoric in the aftermath of Hurricane Sandy. Grossman's campaign criticized Christie for being overly moderate, while Buono's opponent Troy Webster, adviser to the mayor of East Orange, believed he was uniquely suited to making New Jersey friendlier to "the working poor and middle class families who have been literally 'thrown under the bus.'" Grossman and Webster were endorsed by the weekly publication NJ Today. In New Jersey, gubernatorial candidates have 30 days to select a lieutenant gubernatorial running-mate to share the ticket with in the general election. Christie has already secured his current Lt. Gov. Kim Guadagno as his running-mate, and Buono is expected to make her pick soon. Buono and Christie, along with a number of third party and independent candidates, will square off in the general election on November 5, 2013. Christie is heavily favored to win re-election, with his campaign raising nearly double that of Buono's so far and averaging a 30% edge over his Democratic competitor in the latest polls. He also has bipartisan support, which is crucial in a state where Democrats outnumber Republicans by over 700,000, according to party registration statistics provided by the New Jersey Department of State.

New Jersey Governor's Race 2013 Poll Barbara Buono (D) Chris Christie (R) Undecided Margin of error Sample size NBC News/Marist Poll (April 28-May 2, 2013) 28% 60% 10% +/-3.0 1,080 Quinnipiac University Poll April 19-22, 2013 26% 58% 13% +/-2.9 1,112 AVERAGES 27% 59% 11.5% +/-2.95 1,096 Note: The polls above may not reflect all polls that have been conducted in this race. Those displayed are a random sampling chosen by Ballotpedia staff. If you would like to nominate another poll for inclusion in the table, send an email to editor@ballotpedia.org.

General election

(Governor & Lieutenant Governor running-mate listed together)

• Barbara Buono & Milly Silva - Democrat

• Chris Christie & Kim Guadagno (incumbents) - Republican

• Kenneth Kaplan & Brenda Bell - Libertarian Party

• Steven Welzer & Patricia Alessandrini - Green Party

• Hank Schroeder & Patricia Moschella - Independent

• Diane Sare & Bruce Todd - Glass Steagall Now

• William Araujo & Maria Salamanca - Independent

• Jeff Boss & Robert Thorne - NSA Did 911

Primary election candidates - Click "show"

Democratic candidates Barbara Buono - State Senator Troy Webster Carl A. Bergmanson William Araujo Jeff Boss Republican candidates Chris Christie Incumbent Seth Grossman Former potential candidates Cory Booker - Mayor of Newark Cory Booker declined to seek the Democratic nomination for governor in 2013, opting instead to finish his mayoral term and lay the groundwork for a U.S. Senate bid in 2014. Richard Codey - State Sen. Richard Cody announced on Jan. 25 that a gubernatorial campaign would not serve the best interests of his family; he planned to run for re-election to the State Senate in 2013. Stephen Sweeney - State Senator Bill Pascrell - U.S. Rep. from the 8th Congressional District. Louis Greenwald - State Assemblyman Tom Byrne

2014 Elections

See also: State executive official elections, 2014

Ballotpedia has counted and is currently tracking a total of 215 state executive positions in 42 states that will be on the ballot next year. That is more than double the number of positions that were elected in 2012, when 94 positions were elected. The eight states that are not holding executive official elections in 2014 are Kentucky, Mississippi, New Jersey, North Carolina, Utah, Virginia, Washington and West Virginia.

The offices up for election include:

• 36 governors
• 30 lieutenant governors
• 30 attorneys general
• 26 secretaries of state
• 25 treasurers
• 16 auditors
• 13 public service commissioners
• 9 controllers/comptrollers
• 8 superintendents of schools
• 7 agriculture commissioners
• 4 insurance commissioners
• 3 education commissioners
• 2 labor commissioners
• 2 natural resource commissioners
• 1 adjutant general
• 1 mine inspector
• 1 railroad commissioner
• 1 tax commissioner

Notable candidates

• Current Texas Railroad Commissioner Barry Smitherman announced a bid this week for attorney general. Current incumbent Greg Abbott (R) is expected to run for governor, leaving the position open.

• Former U.S. Commerce Secretary and White House chief of staff William "Bill" Daley enters race for Governor of Illinois, setting up a Democratic primary battle against incumbent Pat Quinn.

• Also hoping to unseat Quinn in 2014, State Sen. Bill Brady and current State Treasurer Dan Rutherford both launched their campaigns for the Republican Party nomination.

• Two Democratic candidates have declared their intent to run for Colorado Treasurer: Patrick Quinn, current mayor of Broomfield, Colorado, and Betsy Markey, former U.S. House Representative. The primary will determine who will face incumbent Republican Walker Stapleton.

This week in State Executive Trivia

Louisiana Governor Bobby Jindal

Q. Of the current 50 governors, who is the only Rhodes Scholar?

Answer: Louisiana’s Bobby Jindal, who studied public-health policy at Oxford. Jindal, a Republican, was first elected governor in 2007 and was re-elected to the position on October 22, 2011. He previously served as a member of the U.S. House of Representatives, representing Louisiana's 1st Congressional District from 2004-2008.

Former governors who were Rhodes Scholars include:

• David Lyle Boren - Democratic Governor of Oklahoma from 1975-1979
• Richard Frank Celeste - Democratic Governor of Ohio from 1983-1991
• Bill Clinton - Democratic Governor of Arkansas from 1979-1981, 1983-1992

Footnotes

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