Road trip

Young Republicans in North Carolina are heading north of the border this weekend to volunteer in the Virginia governor's race, Rob Christensen reports.

Polls show Republican Bob McDonnell leading Democrat Creigh Deeds.

"The outcome of the elections in Virginia could set the tone for what happens in North Carolina in 2010; similar to the 1993-94 election cycles," said Jonathan Brady, chairman of the N.C. Young Republicans. "If won by Republicans, these races could spark a much needed fire in individuals to get out and work for Republican candidates here in North Carolina."

The two-day trip is being paid for by the Young Republican National Federation and the Virginia Victory program.

Atkinson: Congratulations, but...

June AtkinsonJune Atkinson is airing her displeasure.

In a congratulatory statement to new State Board of Education chairman Bill Harrison, the schools superintendent again repeated her belief that he is treading on her turf.

"I believe this action violates the Constitution of North Carolina and usurps the will of the voters who granted me the privilege to serve as State Superintendent of Public Instruction," she said in a statement.

She went on to repeat her belief that the legislature should resolve the tug-of-war between the positions of governor and superintendent on education, adding that it may end up being resolved in court.

"I will not abdicate my constitutional and statutory responsibilities," she said.

After the jump, the full statement.

Rhyne: Let governor appoint judges

A bill would let the governor appoint top judges.

Rep. Johnathan Rhyne, a Lincoln County Republican and family law attorney, said he filed the bill to improve the appellate court system.

"It's a recognition that 99 percent of the voting public has no idea who they're voting for," he said.

Under the proposal, a Judicial Nomination Commission would vet potential judges for the N.C. Court of Appeals and the N.C. Supreme Court. They would then forward a list of recommendations to the governor, who would make the appointments.

In many ways, the system would be similar to the one used now for unexpected vacancies, Rhyne said. A difference is that the judges would later face a retention election — essentially an up-or-down vote by the people after they'd been in office for a while.

If they lost, the governor would appoint another judge. 

Rhyne, who served on a commission that looked into the judicial system in the early 1990s, said that the goal is to get better judges.

"Electing judges when the public does not know who they're voting for is like walking down a highway in the dark," he said. "It's dangerous, and you don't need to do that."

Ask Dome: Lt. Governor on Call

"When the governor leaves the state and the lieutenant governor becomes 'acting governor' is there any official notification given?" Dome reader Chris Hayes

Under Article III, Section 3 of the state constitution, the lieutenant governor serves as "acting governor" at the following times: "during the absence of the Governor from the State, or during the physical or mental incapacity of the Governor to perform the duties of his office."

In the case of physical incapacity, the governor may file a written statement with the attorney general declaring when she is not able to serve and when she's ready to return.

The legislature has to determine mental incapacity by a two-thirds vote of all the members of both chambers after hearing from the governor, though only a majority is required to declare that she is capable again.

But neither the constitution nor state law spells out the procedures for the governor to declare when she's away.

Chrissy Pearson, a spokeswoman for Gov. Beverly Perdue, said that the governor's staff notifies the lieutenant governor when she is out of state.

"There is no official protocol to do it by email or by phone," she said.

Incidentally, succession after the lieutenant governor is spelled out by state law: Senate president, Speaker of the House, secretary of state, auditor, treasurer, schools superintendent, attorney general, and the commissioners of agriculture, labor and insurance.

And while the lieutenant governor is in charge, he is paid the governor's salary, too.

She's not in the state constitution

The authors of the state constitution didn't anticipate Beverly Perdue.

In laying out the role of the governor in North Carolina, Article III of the constitution describes the job soon to be assumed by the state's first female governor using the male pronoun "he" or "his" 25 different times.

Nowhere does the constitution explicitly limit the state's chief executive to men, but language used throughout seems to assume it.

"No person shall be eligible for election to the office of Governor or Lieutenant Governor unless, at the time of his election, he shall have attained the age of 30 years," it says, in a typical passage.

It also makes mention of "his office," "his election" and "his successor."

History offers little excuse. Although the state's prior constitutions date back to 1776 and 1868, the current one was ratified in 1971 — at the height of the second-wave feminist movement.

Perdue has faced this dilemma before as the state's first female lieutenant governor, a position also described with the male pronoun in the constitution.

Update: "Governor-elect Perdue has overcome many barriers in her career — an inaccurate pronoun is just one more to add to the list," said Perdue spokesman David Kochman.

The constitution also describes the duties and qualifications of Supreme Court justices using the male pronoun, but other statewide elected offices are only described using plural pronouns, so they do not have the same problem. 

Who serves in the governor's cabinet?

Answer:

Ten appointees who run state departments.

The governor of North Carolina appoints people to run state departments not overseen by elected members of the Council of State.

Although they make less than statewide elected officials, Cabinet appointees typically have larger budgets and supervise more state workers.

Administration: Supervises the behind-the-scenes business of state government.

Commerce: Leads the state's efforts to recruit and retain businesses.

Correction: Oversees the state prison system and related programs.

Crime Control and Public Safety: Oversees the state's law enforcement, homeland security and emergency response efforts.

Cultural Resources: Leads cultural outreach and historical preservation programs around the state.

Environment and Natural Resources: Oversees programs regulating water and air quality and protecting wildlife, wilderness and coastal areas.

Health and Human Services: Oversees the state's social welfare and health care programs.

Juvenile Justice and Delinquency Prevention: Supervises the state's interactions with young criminals and at-risk youth.

Revenue: Oversees state tax collection.

Transportation: Oversees state highways, mass transit, ferries and other transportation programs.

Traditionally, Health and Human Services, Transportation, Correction and Environment and Natural Resources have the largest budgets and the most employees.

The smallest department in budget and employees is Cultural Resources.

Seven of Gov. Mike Easley's appointments were nicknamed the "Iron Cabinet" because many of them served from 2001 through 2008.

His original Cabinet from 2001, which included three women and three black appointees, was described as "perhaps the most diverse" in state history.

Brief:
Ten appointees who run state departments.

What is the line-item veto?

Answer:

The authority of the governor to strike specific items from the state budget.

North Carolina is among the minority of U.S. states in which the governor does not have line-item veto authority.

Since 2003, four bills have been proposed to give the governor the line-item veto. With one exception, the bills' backers have all been Republicans, though Democratic Gov. Mike Easley has supported them.

None of the bills have made it to a vote. Two bills in 2003, a bill in 2005 and another in 2007 have all been referred to House committees.

According to a 2007 survey by the National Conference of State Legislatures, 43 states allowed governors to veto specific spending provisions while approving the overall budget.

During the 2008 Democratic primary, gubernatorial candidate Richard Moore called for a state referendum to give the governor line-item veto authority.

North Carolina Democrats face tough fights for Senate and governor. In this podcast, state Democratic Party chairman Jerry Meek discusses those races, former Sen. John Edwards' infamous haircut and his past support of House Speaker Jim Black.

Download MP3

Who is on the Council of State?

Answer:

The governor, lieutenant governor and eight other top statewide elected officials.

The other officials are the secretary of state, attorney general, auditor, treasurer, superintendent of public instruction and commissioners of agriculture, insurance and labor.

Typically, the council meets monthly to approve land purchases, condemnations and right-of-way easements, but it also sometimes deals with weightier issues. 

In February of 2007, the Council of State was asked to approve an execution protocol that would involve doctors. It voted 7-3 in favor.

The first female member of the Council of State was Janice Faulkner, who was appointed by Gov. Jim Hunt in March of 1996.

That fall, Elaine Marshall became the first elected member of the Council of State when she won the race for that same position. 

In 2008, voters elected the first female majority — six of 10 members — on the Council of State, including governor, schools superintendent, auditor, treasurer, labor commissioner and secretary of state.

Brief:
The governor, lieutenant governor and eight other top statewide elected officials.
"That is nothing more than the first down in a long football game."
— State Sen. Fred Smith, dismissing a recent poll that showed his gubernatorial campaign had only 11 percent support among Republican voters, with more than two-thirds undecided. A reporter asked about the poll during a press conference announcing his candidacy on March 23, 2007.
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