The Powers of North Carolina’s Second Executive: Discovering if the Lieutenant Governor 
Should be Designated more Power under the Constitution 
 
 
Ethan Brinkley 
 
 
 
 
 
 
HIST 4551: Signature Honors Project 
Dr. Tom Eamon 
4/20/2022 
 
  
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Abstract 
 In the original 1776 North Carolina State Constitution, the executive branch of 
government was solely comprised of the Governor. It was not until 1868 that the Lieutenant 
Governor position, along with other executive offices, was added to the branch. The current NC 
State Constitution today was ratified in 1971 and outlines the powers of the Governor and 
Lieutenant Governor thoroughly. The designated constitutional powers of the NC Lieutenant 
Governor include serving as the President of the Senate with the ability to cast tie-breaking 
votes, serving on the State Board of Education, and most notably, succeeding the Governor upon 
the death, resignation, or removal from office. These powers are weak in the spectrum of NC 
government because ties in the Senate and Governor’s leaving office are rare. Additionally, it is 
important to note that in North Carolina, the Governor and Lieutenant Governor are elected 
separately and independent from each other, which can possibly result in the two offices 
representing different parties.  
I am going to argue that the office of the Lieutenant Governor should be delegated more 
constitutional powers rather than relying so heavily on the assignment of duties from the General 
Assembly and Governor. I will conduct research on the election style of the Lieutenant 
Governor, which additional powers (if any) should be designated to the Lieutenant Governor, 
and what are other States doing in terms of designating executive powers to their Governor and 
Lieutenant Governor. 
  
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Table of Contents 
Introduction, 4 
1988 North Carolina State Executive Election, 5 
Constitutional History of the North Carolina Lieutenant Governor, 7 
Election Methods of the Lieutenant Governor, 9 
Current Constitutional and Statutory Powers of the North Carolina Lieutenant Governor, 11 
Current Political Status of the North Carolina Executive and General Assembly, 13 
Duties and Responsibilities of the Lieutenant Governor in other States, 14 
Interview with the Chief of Staff of the North Carolina Lieutenant Governor’s Office, 22 
Conclusion, 24 
Bibliography, 26 
  
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Introduction 
What does the Lieutenant Governor do? This is a common question that North 
Carolinians ask themselves every election year when staring at their voting sheet in the ballot 
bot. After a Google search and a few phone-a-friends later, many North Carolinians are still not 
entirely sure what duties and responsibilities encapsulate the Lieutenant Governor’s office. When 
asked about what it is that Lieutenant Governors do, occupants of the office and governmental 
enthusiasts alike tend to recall the old story about Calvin Coolidge. Before becoming the 30th 
President of the United States, Calvin Coolidge served as the Lieutenant Governor of 
Massachusetts from 1916 to 19191. One evening back when Silent Cal was occupying the 
Lieutenant Governor’s office, he was seated next to an attractive woman at an official dinner. 
 “Tell me,” she gushed, “what do you do?” 
 “I’m the Lieutenant Governor,” Coolidge answered. 
 “That’s wonderful. Tell me all about it,” his dinner partner implored. 
 “I just did,” was the succinct reply.2 
 Calvin Coolidge is infamous for his quick-witted succinct statements, but this one about 
the state’s second executive has remained a favorite for many years; primarily due to the 
unfortunate truth behind the humor. For many, the Lieutenant Governor is a mostly symbolic 
position where the occupants of the office either hope the incumbent Governor leaves office for 
whatever reason or uses their popularity as Lieutenant Governor to succeed in a future election 
for a stronger office. This is especially true for Calvin Coolidge seeing as how he was elected 
Governor of Massachusetts directly following his stint as Lieutenant Governor in 1919.1 
 
1 Britannica, “Calvin Coolidge,” 1 
2 Manning, “The Lieutenant Governor,” 1 
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Ironically, Coolidge went straight from Massachusetts Governor into a second-in-command role 
as Vice President of the United States under President Warren Harding. Shockingly, Harding 
passed away while in office and Coolidge took over the Presidency in 1923. This made Calvin 
Coolidge the only person in United States history to occupy the positions of Lieutenant 
Governor, Governor, Vice President, and President.3 
 Times have definitely changed since Calvin Coolidge occupied the Lieutenant Governor 
position and the office has shifted significantly, particularly in North Carolina. However, the 
constitutional powers of the North Carolina Lieutenant Governor’s office are still weak and grant 
the existing holder of the office few consequential duties and responsibilities. The goal of this 
thesis is to investigate the existing powers of the North Carolina Lieutenant Governor, the 
possibility of granting the office with additional constitutional duties, and if so, which duties 
should be granted.  The reason why a topic such as this is being pursued is due to the lack of 
constitutional protection that the powers of the North Carolina Lieutenant Governor’s office. 
Many of the duties and responsibilities of the position are statutory in nature and can be easily 
stripped away at the whim of the North Carolina General Assembly. A specific example of this 
occurring takes place shortly after the 1988 North Carolina Lieutenant Governor election. 
1988 North Carolina State Executive Election 
The 1988 North Carolina election for Lieutenant Governor was a tight contest between 
Democrat Tony Rand and Republican Jim Gardner.4 Both candidates performed well in their 
respective party primaries, garnering a high enough plurality of the votes to avoid a run-off 
election. It is important to note that despite having a Republican incumbent Governor in the form 
 
3 Britannica, “Calvin Coolidge,” 2 
4 Coble, “The Lieutenant Governorship,” 1 
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of James G. Martin, the North Carolina General Assembly was controlled by the Democratic 
party and spearheaded by residing Lieutenant Governor Robert B. Jordan, who is currently 
running against Martin for the governorship. After a hard-fought campaign on both sides, it was 
Republican Jim Gardner who won the Lieutenant Governorship with 50.64% of the votes against 
Rand’s 49.36%.5 Gardner’s victory marked the first time a Republican was in the Lieutenant 
Governor’s office in almost 90 years since Charles A. Reynolds in 1901. In direct response to a 
Republican winning North Carolina’s Lieutenant Governor position, the Democratic-controlled 
General Assembly transferred multiple powers of the Lieutenant Governor over to the President 
Pro Tempore of the North Carolina Senate, namely the power to assign bills to committee and 
the power to appoint committees and committee chairmen.5 This dispossessing of the Lieutenant 
Governor’s power threatened not only Jim Gardner’s ability to effectively do his job but 
threatened the security of the office itself. 
The reason that this election and the following legislative action passed by the North 
Carolina General Assembly are so crucial is that it showcases how inconsistent, unreliable, and 
fluid the powers of the North Carolina Lieutenant Governor can be. In the case of Lieutenant 
Governor Jim Gardner being stripped of his powers which had been vested in the office for 
decades, it is clear to see that the executive position’s merit and ability to carry out duties 
dependably had been brought into question. If North Carolina granted the office of Lieutenant 
Governor additional Constitutional powers rather than legislative ones, the executive position 
would become more important and taken more seriously by members of the North Carolina 
government and the citizens of North Carolina alike. 
 
5 Coble, “The Lieutenant Governorship,” 2 
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Constitutional History of the North Carolina Lieutenant Governor 
 To fully understand why it is pivotal for the powers of the North Carolina Lieutenant 
Governor to be protected Constitutionally rather than by the General Assembly, it is necessary to 
recount the history of the executive office and the power’s that it has held. Within its history as a 
State, North Carolina has had three constitutions: the Constitution of 1776, the Constitution of 
1868, and the Constitution of 1971.6 The original North Carolina Constitution of 1776 was 
created in December of that year by the Fifth Provincial Congress.6 In this original iteration of 
the State Constitution, the executive branch was comprised solely of the Governor. Additionally, 
this governorship was heavily restricted by the General Assembly because they had the power of 
electing the Governor (who only served a 1-year term) as well as the ability to advise all actions 
of the Governor. It was not until almost a century later that the Lieutenant Governor’s office 
would be established. 
Following the American Civil War, after North Carolina was readmitted into the Union in 
1868, a new State Constitution was framed in accordance with the Reconstruction Acts passed 
by the United States Congress. The North Carolina Constitution of 1868 granted the people the 
“power to elect all significant state executive officers, all judges, and all county officials, as well 
as legislators”.7 Additionally, the executive branch was strengthened extensively in Article III 
Section I, which states “The Executive Department shall consist of a Governor, a Lieutenant 
Governor, a Secretary of State, an Auditor, a Treasurer, a Superintendent of Public Works, a 
Superintendent of Public Instruction, and an Attorney General, who shall be elected for a term of 
 
6 Edmisten, “Constitution of NC its History and Context,” 1 
7 North Carolina State Constitution, Art. III, Sec. 1 
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four years by the qualified electors of the State”.8 This sentiment not only upped the Governor’s 
term length from two to four years but established the position of Lieutenant Governor. 
Since the ratification of the North Carolina Constitution of 1868, there had been a total of 
ninety-seven propositions for amending the Constitution. In the span of the century since the 
1868 Constitution’s establishment, sixty-nine of those nearly one hundred amendments were 
approved.9 All of these amendments and changes made to the document made it confusing and 
difficult for even the most astute constitutionalists to read. Thanks to the dedicated work of the 
Constitutional Study Commission of 1967, the birth of the North Carolina Constitution of 1971 
came to be. The most notable change that was brought along by the 1971 Constitution was 
Article III Section XI, the Executive Organization Act. This act required the legislature to reduce 
the over three-hundred existing administrative departments “within not more than 25 principal 
administrative departments so as to group them as far as practicable according to major 
purposes”.8 This led to the creation of nineteen distinct departments and offices that encompasses 
all of North Carolinas many executive duties. Ten of these nineteen are members of the North 
Carolina Council of State and are elected by the voters to make up the state’s infamous long 
ballot. These ten offices include the governor, lieutenant governor, secretary of state, state 
auditor, state treasurer, superintendent of public instruction, attorney general, commissioner of 
agriculture, commissioner of labor, and commissioner of insurance. The remaining nine offices 
are members of the North Carolina Cabinet departments that are headed by secretaries appointed 
by the governor. These nine departments include the Department of Administration, Commerce, 
Natural and Cultural Resources, Environmental Quality, Health and Humans Services, 
 
8 North Carolina State Constitution, Art. III, Sec. 1 
9 Edmisten, “Constitution of NC its History and Context,” 7 
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Information Technology, Revenue, Public Safety, Military and Veterans Affairs, and 
Transportation.10 
Election Methods of the Lieutenant Governor 
 The United States Constitution allows the states to select their own method of 
both state and federal elections. When it comes to selecting the state executive, there has yet to 
be a universally accepted medium for electing the Governor and Lieutenant Governor positions. 
Probably most common for qualified voters of the United States is the joint ticket method. In 
thirteen states, much like the method used by the United States President and Vice President, the 
gubernatorial candidate for Governor chooses who their running mate will be. These thirteen 
states include Colorado, Florida, Illinois, Kansas, Kentucky, Maryland, Minnesota, Montana, 
Nebraska, New Jersey, North Dakota, Ohio, and Utah.11 There are two main variations of this 
joint ticket style of an election. One variation, utilized by eight states, subjects both their 
Governor and Lieutenant Governor candidates to separate primary elections where the winners 
of both elections will run together on the same ballot for the general election. The eight states 
that use this method include Alaska, Connecticut, Hawaii, Massachusetts, New Mexico, New 
York, Pennsylvania, and Wisconsin.11 The second variation of the joint ticket election method is 
only employed by four states, and it is where the candidate for Lieutenant Governor is not 
elected but nominated at their State Party Convention. The four states that employ this method 
include Indiana, Iowa, Michigan, and South Dakota.11 
Contrary to the joint ticket method of election is the separate ticket style. North Carolina, 
along with seventeen other states, choose to elect their Lieutenant Governor separately from their 
 
10 Edmisten, “Constitution of NC its History and Context,” 7 
11 Sullivan, “Methods of Electing,” 1 
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Governors. The other seventeen states include Alabama, Arkansas, California, Delaware, 
Georgia, Idaho, Louisiana, Mississippi, Missouri, Nevada, Oklahoma, Rhode Island, South 
Carolina, Texas, Vermont, Virginia, and Washington.12 This style of election is controversial in 
nature due to the possibility of a divided executive where the Governor and Lieutenant Governor 
of a state can be members of different parties, such as the case in Louisiana, Vermont, and North 
Carolina. Louisiana has Democratic Governor John Bel Edwards accompanied by Republican 
Lieutenant Governor Billy Nungesser, Vermont has Republican Governor Phil Scott 
accompanied by Democratic Lieutenant Governor Molly Gray, and North Carolina has 
Democratic Governor Roy Cooper accompanied by Republican Lieutenant Governor Mark 
Robinson.  
This leaves seven states with no Lieutenant Governor position. In Tennessee and West 
Virginia, although there is no official Lieutenant Governor’s office, the position is assigned to 
the Senate President.12 However, in Arizona, Maine, New Hampshire, Oregon, and Wyoming, 
there is no Lieutenant Governor position at all.12 When it is all accounted for, there are six 
distinct methods that states utilize to elect their Lieutenant Governor: A separate ticket (eighteen 
states), a joint ticket where the gubernatorial candidate selects a running mate (thirteen states), a 
joint ticket where the Lieutenant Governor candidate is subject to separate primary (eight states), 
joint ticket where the Lieutenant Governor is nominated at a State Party Convention (four states), 
the Lieutenant Governor position is assigned to the Senate President (two states), and where 
there is no Lieutenant Governor position at all (five states).12 
 
12 Sullivan, “Methods of Electing,” 1 
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Current Constitutional and Statutory Powers of the North Carolina Lieutenant 
Governor 
In today’s North Carolina State Constitution, the powers of the Lieutenant Governor can 
be divided into two distinct categories: those designated in the Constitution and those designated 
through legislation. The primary responsibility of the North Carolina Lieutenant Governor, 
similar to the Vice President of the United States, is to serve as President of the Senate. 
Presented in both Article III Section 6 as well as Article II Section 13, the Lieutenant Governor 
“shall be President of the Senate and shall preside of over the Senate, but shall have no vote 
unless the Senate is equally divided”.13 Considering that casting tie-breaking votes in the North 
Carolina Senate is the largest duty that the Lieutenant Governor has, it is important to note that 
the last time a North Carolina Lieutenant Governor actually had to break a Senate tie was back in 
2005. Then Lieutenant Governor Beverly Perdue, in her capacity as President of the Senate, 
broke the tie for HB 1023, North Carolina State Lottery Act.14 Additionally, with a Republican 
majority in the Senate today, the likelihood of another tie occurring in the Senate anytime soon is 
slim.  
Another constitutional power of the North Carolina Lieutenant Governor is to serve as an 
Ex Officio member of the Governor’s Council of State which is outlined in Article III Section 
8.13 North Carolina is notorious for having a large executive comprised of ten elected officers: 
the Governor, Lieutenant Governor, Secretary of State, State Auditor, Treasurer, Superintendent 
of Public Instruction, Attorney General, Commissioner of Agriculture, Commissioner of Labor, 
and Commissioner of Insurance.  
 
13 North Carolina State Constitution, Art. III, Sec. 6 
14 NCGA, “Senate Rolle Call Vote Transcript,” 1 
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A duty that is unique to the North Carolina Lieutenant Governor is that they serve the 
State Board of Education. Article IX Section 4 states that “The State Board of Education shall 
consist of the Lieutenant Governor, the Treasurer, and eleven members appointed by the 
Governor, subject to confirmation by the General Assembly in joint session”.15 The North 
Carolina State Board of Education is under the Department of Public Instruction and “sets policy 
and general procedures for public school systems across the state, including teacher pay and 
qualifications, course content, testing requirements, and manages state education funds”.16 The 
Lieutenant Governor’s ability to serve on the State Board of Education is protected by the North 
Carolina Constitution, which allows the office to maintain a heavy focus on education and school 
systems across the state. 
The Lieutenant Governor, under Article III Section 3, succeeds the governorship upon the 
death, resignation, or removal from office of the Governor (XXXX). In addition to succeeding 
the Governor, the Lieutenant Governor serves as Acting Governor during the absence of the 
Governor from the State, or during the physical or mental incapacity of the Governor to perform 
the duties of their office.15 
Additionally, Article III, Section 6 of the North Carolina Constitution states, “He [The 
Lieutenant Governor] shall perform such additional duties as the General Assembly or the 
Governor may assign to him. He shall receive the compensation and allowances prescribed by 
law”.15 This overarching message of the Lieutenant Governor’s office is defined by the General 
Assembly and Governor brings into question the stability of the position and whether the powers 
of the office are guaranteed. 
 
15 North Carolina State Constitution, Art. IX, Sec. 4 
16 NC DPI, “State Board of Education,” 1 
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Over the years, the North Carolina General Assembly has passed into law multiple other 
duties and responsibilities of the Lieutenant Governor, primarily in the form of serving on 
various committees and commissions. Today, the Lieutenant Governor serves on the NC Board 
of Community Colleges, States Economic Development Board, NC Military Affairs 
Commission, NC Charter Schools Advisory Board, NC Capital Planning Commission, and 
serves as Chairman of the eLearning Commission (XXXX). 
Current Political Status of the North Carolina Executive and General Assembly 
When discussing the powers of the North Carolina Lieutenant Governor and how 
effective they can be in their position, it is critical to not the current political makeup of both the 
North Carolina Executive and General Assembly. As previously showcased by Lieutenant 
Governor Jim Gardner, the political leanings of the General Assembly can have an invaluable on 
the powers of the office and the duties that it has.  
Out of fifty members, the North Carolina Senate is currently 56% Republican (twenty-
eight members) and 44% Democratic (twenty-two members).17 Out of one hundred twenty 
members, the North Carolina House of Representatives is 57.5% Republican (sixty-nine 
members) and 42.5% Democratic (fifty-one members).18 This means that Republicans hold a 
simple majority in both houses of the General Assembly, but not enough to form a three/fifths 
majority. This is important to note because only a simple majority is required to pass legislation, 
which would include granting or stripping statutory powers away from the Lieutenant Governor 
position. However, a three/fifths majority is required to send an amendment to a vote by the 
 
17 NCLeg, “North Carolina Senators,” 1 
18 NCLeg, “North Carolina Representatives,” 1 
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qualified voters of North Carolina. A three/fifths majority is also required to override a veto by 
the Governor.  
When it comes to the current political status of the North Carolina executive, it is 
unlikely that any other state has a more hostile relationship than that of Democratic Governor 
Roy Cooper and Republican Lieutenant Governor Mark Robinson. Due to the Lieutenant 
Governorship being so heavily defined by the Governor, an executive partnership where both 
officials are from different political parties results in a great imbalance of power. Instead of the 
North Carolina executive working as a team, the two often actively work against each other. In 
October of 2021, after Lieutenant Governor Mark Robinson caused controversy surrounding the 
LGBTQ community, Governor Roy Cooper was asked whether Robinson should resign. 
Governor Cooper replied by saying “It would be appropriate, but he’s made it clear that he’s 
not…But let me make something clear. He does not speak for North Carolina”.19 When the 
relationship between a state’s executive gets to the point where the Governor is calling for the 
Lieutenant Governor’s resignation, it is evident that the Governor will be trying their best to 
ensure the Lieutenant acquires as few duties and responsibilities as possible. 
Duties and Responsibilities of the Lieutenant Governor in other States 
In order to gain a greater understanding of the potential expansion of the North Carolina 
Lieutenant Governor’s constitutional powers, it is important to research what specific duties and 
responsibilities the Lieutenant Governors of other states possess that North Carolina does not. To 
maintain consistency, the only states being referenced are those that opt to elect their Governor 
and Lieutenant Governor in separate general elections.  
 
19 Robertson, “WFAE Article,” 1 
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The California State Constitution, which was adopted in 1880, grants their Lieutenant 
Governor additional responsibilities in the field of higher education. While it is true that the 
North Carolina Lieutenant Governor serves as a member of the State Board of Education, the 
California State Constitution highlights the possibility of expanded duties on this topic. Article 
IX Section 9 of the California State Constitution puts the Lieutenant Governor as an ex officio 
member of “The Regents of the University of California”.20 North Carolina has a similar board 
as the Regents of the University of California, but it is called the Board of Governors. “The 
University of North Carolina System is governed by the Board of Governors, which, under 
Chapter 116 of the North Carolina General Statutes, has responsibility for the planning, 
development, and overall governance of the UNC System.”.21 In terms of membership, the Board 
of Governors consists of 24 voting members that are elected by the North Carolina General 
Assembly. Adding the North Carolina to the Board of Governors for the University of North 
Carolina System is a plausible, sensible, and reasonably simple responsibility that could bolster 
the office. 
An addition to the conversation about the State Board of Education comes in the fashion 
of the Mississippi State Constitution, adopted in 1890. Article VIII Section 203 of the 
Mississippi Constitution notes that “The Lieutenant Governor shall appoint two members from 
the state at large [to the Mississippi State Board of Education], one of whom shall serve an initial 
term of four years and one of whom shall serve an initial term of eight years”.22 Nowhere in the 
North Carolina State Constitution does the Lieutenant Governor have any power to appoint 
members to anything; appointments are a duty exclusive to the Governor. The trade-off for 
 
20 California State Constitution, Art. IX, Sec. 9 
21 UNC System, “Board of Governors,” 1 
22 Mississippi State Constitution, Art. VIII, Sec. 203 
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Mississippi is that the Lieutenant Governor themselves is not a member of the State Board of 
Education. The possibility of allowing the North Carolina Lieutenant Governor to appoint 
members to a board/committee/commission in general, not to mention the State Board of 
Education, is a route that should be greatly considered.  
The Delaware State Constitution, which was adopted in 1897, grants their Lieutenant 
Governor additional responsibilities in the field of clemency and pardons. In the North Carolina 
State Constitution, Article III Section 5, under the Clemency clause states that “The Governor 
may grant reprieves, commutations, and pardons, after conviction for all offenses (except in 
cases of impeachment), upon such conditions as he may think proper, subject to regulations 
prescribed by law relative to the manner of applying for pardons.”.23 However, in 1994, the 
North Carolina General Assembly passed a general statute that established a Post Release 
Supervision and Parole Commission within the Governor’s Clemency Office under the 
Department of Public Safety.24 It is sufficient to say that the North Carolina Lieutenant Governor 
plays no role in the distribution of pardons in the State. Conversely, Article III Sec. 19 of the 
Delaware State Constitution allows “the Lieutenant-Governor, for his or her services as a 
member of the Board of Pardons”.25 Although Article VII of the Delaware State Constitution, 
similar to North Carolina outlines pardon abilities of the Governor, Delaware’s Board of Pardons 
has significant powers in extending and vetoing the Governor’s pardoning power.24 Criminal 
justice is a key responsibility in North Carolina State Government and allowing the Lieutenant 
 
23 North Carolina State Constitution, Art. III, Sec. 5 
24 NC DPS, “Governors Clemency Office,” 1 
25 Delaware State Constitution, Art. III, Sec. 19 
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Governor to have a saying in pardons would be a reasonable addition to the office’s duties and 
responsibilities. 
A relevant governmental duty to the topics being discussed is the ability to amend the 
Constitution. Every state has its own state Constitution, which means each state has its own way 
of amending said document. The specific majorities and votes required to pass an amendment 
have already been addressed, but this focus is more on how these amendments get drafted and 
distributed to the General Assembly. In North Carolina, under the Secretary of State, is a 
commission called the “North Carolina Constitutional Amendments Publication Commission”.26 
This commission was established by the North Carolina General Assembly under a statute 
passed in 1983 and only consists of three members: The Secretary of State, the Attorney General, 
and the Legislative Services Officer of the North Carolina General Assembly. However, in the 
Georgia State Constitution, adopted in 1983, a similar board titled the “Constitutional 
Amendments Publication Board” shall be composed of the Governor, Lieutenant Governor, and 
the Speaker of the House of Representatives.27 Adding the North Carolina Lieutenant Governor 
onto a board or commission dealing with the publication of amendments is a conceivable 
responsibility that could be added to the office. 
A key power of the Lieutenant Governor’s office in all states that have one is that they 
have the ability to succeed the Governor upon their death, resignation, or removal from office. 
Additionally, Article III Section 3 of the North Carolina Constitution states that “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, the Lieutenant Governor shall be Acting 
 
26 NC SOS, “Constitutional Amendments Publication Commission,” 1 
27 Georgia State Constitution, Art. X, Sec. 5 
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Governor”.28 This statement is true for many states, but a distinguishing factor is how a state 
determines if a Governor is in proper physical or mental capacity. In North Carolina, “The 
mental incapacity of the Governor to perform the duties his office shall be determined only by 
joint resolution adopted by a vote of two-thirds of all the members of each house of the General 
Assembly”.27 Meaning, that the General Assembly is the body that determines the mental 
capacity of the Governor, which is not the case in every state. In the Missouri State Constitution, 
adopted in 1945, there is a disability board that determines when the Governor is “unable to 
discharge the powers and duties of his office.29 This provision is outlined in Article IV Section 
11 in the Missouri State Constitution and details the members of the disability board which is 
comprised of the “lieutenant governor, the secretary of state, the state auditor, the state treasurer, 
the attorney general, president pro tempore of the senate, the speaker of the house of 
representatives, the majority floor leader of the senate, and the majority floor leader of the 
house”.28 It is a reasonable leap that, seeing as the Lieutenant Governor will be the new acting 
Governor upon mental incapacity, being a member of a board that determines this is a duty that 
could be adopted in North Carolina’s executive.  
The issue of legislative apportionment, particularly in North Carolina, has been an ever-
growing issue and topic of debate. It is sufficient to conclude that having a say in the legislative 
apportionment in a state is a distinct responsibility that could add to the merit of any office, 
including the Lieutenant Governor. In North Carolina, the apportionment of state Senators and 
Representatives is to be decided by the General Assembly, but this is not the case in every state. 
In the Oklahoma State Constitution, adopted in 1907, there is a Legislature Apportionment 
 
28 North Carolina State Constitution, Art. III, Sec. 3 
29 Missouri State Constitution, Art. IV, Sec. 11 
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Commission that advises decisions on senatorial and representative apportionment. Article V 
Section 11 of the Oklahoma Constitution states that “apportionment shall be accomplished by the 
Bipartisan Commission on Legislative Apportionment. The Commission shall be composed of 
seven members as follows: The Lieutenant Governor, who shall be nonvoting and the chair of 
the Commission; two members, one republican and one democrat, appointed by the President 
Pro Tempore of the Senate; two members, one republican and one democrat, appointed by the 
Speaker of the House of Representatives; and two members, one republican and one democrat, 
appointed by the Governor”.30 This provision allows the Lieutenant Governor, although not a 
voting member, to not only serve but to chair the Legislative Apportionment Commission of 
Oklahoma. Having a bipartisan board for legislative apportionment is a great idea that North 
Carolina should consider utilizing, and it would be a rational thought for the Lieutenant 
Governor to be tasked with chairing it.  
 Also in the Oklahoma State Constitution, under Article XX Section 6, the Lieutenant 
Governor serves on the Commissioners of the Land Office, “who shall have charge of the sale, 
rental, disposal and managing of the school lands and other public lands of the state, and of the 
funds and proceeds derived therefrom, under rules and regulations prescribed by the 
Legislature”.31 Under the Oklahoma State Constitution, members of the Commissioners of the 
Land Office include the Governor, Lieutenant Governor, State Auditor, Superintendent of Public 
Instruction, and the President of the Board of Agriculture. The most similar thing that exists in 
North Carolina to Oklahoma’s Land Office is the “Land Records Management” which is under 
the North Carolina Secretary of State. The Land Records Management Section “assists local 
 
30 Oklahoma State Constitution, Art. V, Sec. 11 
31 Oklahoma State Constitution, Art. XX, Sec. 6 
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governments in establishing standards for the indexing and electronic access and storage of vital 
land records involved in real property transactions”.32 Allowing the North Carolina Lieutenant 
Governor to serve on a board of land records is not a far reach and could be a reasonable 
expansion of executive power for the office. 
 Another constitutional responsibility granted to the Oklahoma Lieutenant Governor is to 
serve on the State Board of Equalization. Article X Section 21 describes the duty of the State 
Board of Equalization shall be “to adjust and equalize the valuation of real and personal property 
of the several counties in the state, and it shall perform such other duties as may be prescribed by 
law, and they shall assess all railroad and public service corporation property”.33 North Carolina 
has a Board of Equalization, but it is run under the North Carolina Department of Revenue.34 
Although it may seem like a small addition to the duties and responsibilities of the Lieutenant 
Governor, having a say in the valuation of property is an important task. 
 The Texas State Constitution, adopted in 1876, highlights their Lieutenant Governor in a 
lesser-known commission in most states which is the Ethics Commission. In Texas, their 
Lieutenant Governor does not serve on the Ethics Commission, but Article III Section 24 of the 
Texas Constitution grants the office the ability to appoint two members, “two members of 
different political parties appointed by the lieutenant governor from a list of at least 10 names 
submitted by the members of the senate from each political party required by law to hold a 
primary”.35 Similar to the points made when discussing the Mississippi Lieutenant Governor’s 
ability to appoint members to the State Board of Education, North Carolina’s appointment 
 
32 NC SOS, “Land Records Management,” 1 
33 Oklahoma State Constitution, Art. X, Sec. 21 
34 NC DOR, “Board of Equalization,” 1 
35 Texas State Constitution, Art. III, Sec. 24 
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powers rest solely on the Governor. The job of the North Carolina State Ethics Commission is to 
“interpret and enforce the State Government Ethics Act and portions of the Lobbying Law”.36 
The Commission is made up of eight bipartisan members: four appointed by the Governor, two 
by the President Pro Tempore of the Senate, and two by the Speaker of the House of 
Representatives.34  
 In addition to appointing members to the state’s Ethics Commission, the Texas 
Lieutenant Governor serves on the Legislative Redistricting Board. Article III Section 27 of the 
Texas Constitution outlines the five members of the Legislative Redistricting Board as “The 
Lieutenant Governor, the Speaker of the House of Representatives, the Attorney General, the 
Comptroller of Public Accounts and the Commissioner of the General Land Office”.37 In North 
Carolina, all redistricting is done through the General Assembly. As a hot topic issue in North 
Carolina as redistricting is today, it would be reasonable to see why an executive identity such as 
the Lieutenant Governor should be a part of the legislative redistricting conversation. 
 The Louisiana State Constitution, adopted in 1975, has some extremely unique sections 
when dealing with the powers of their Lieutenant Governor. Under Article VII Section 7 of the 
Louisiana Constitution, the Interim Emergency Board is created and shall be composed of “the 
governor, lieutenant governor, state treasurer, presiding officer of each house of the legislature, 
chairman of the Senate Finance Committee, and chairman of the House Appropriations 
Committee, or their designees”.38 The closest thing that North Carolina has to an Emergency 
Board is an Emergency Management team that is under the North Carolina Department of Public 
 
36 Ethics Commission, “Meet the State Ethics Commission,” 1 
37 Texas State Constitution, Art. III, Sec. 27 
38 Louisiana State Constitution, Art. VII, Sec. 7 
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Safety.39 Aiding in decision-making regarding the economic relief of disaster is something that 
the North Carolina Lieutenant Governor’s office can reasonably be a part of. 
 After examining every state constitution (out of the states that elect their Governor and 
Lieutenant Governor separately), the most compelling clause came from Article IV Section 6 of 
the Louisiana State Constitution. The section states that “The lieutenant governor shall serve ex 
officio as a member of each committee, board, and commission on which the governor serves”.40 
This simple suggestion that the Governor and Lieutenant Governor should work as a team and 
not be represented in a decision-making body without the presence of the other, despite being 
elected separately, is something that can be logically implemented as a constitutional aspect of 
the Lieutenant Governor’s office in North Carolina.  
Interview with the Chief of Staff of the North Carolina Lieutenant Governor’s Office 
 Brian LiVecchi works that the North Carolina Lieutenant Governor’s office as both the 
Chief of Staff and General Counsel. LiVecchi graduated with his Juris Doctor from Campbell 
Law and has accumulated almost a decade of experience as an attorney for various firms and 
governmental departments. LiVecchi has first-hand experience in the legal surroundings of the 
Lieutenant Governor and has great expertise in both the constitutional and statutory duties of the 
office. During this interview, LiVecchi was asked questions about the election method of the 
North Carolina executive, the expansion of the power of the Lieutenant Governor’s office, and 
how the residing Lieutenant Governor has modified the position. 
 
39 NC DPS, “Disaster Recovery,” 1 
40 Louisiana State Constitution, Art. IV, Sec. 6 
Brinkley 23 
 
 The first question asked to LiVecchi was “Do you believe that the North Carolina 
Lieutenant Governor should be elected jointly or separately?” LiVecchi was in favor of North 
Carolina’s split ticket method. Despite recognizing the lack of a cohesive executive that could 
result from having separate elections, LiVecchi saw the Lieutenant Governor is elected 
separately from the Governor as a check to the office. “Having the two executives elected jointly 
results in a forced multiplier of the Governor’s vote”. If the Governor and Lieutenant Governor 
ran together, there would be no variety in ideology or new ideas brought to the North Carolina 
executive. 
 The next question asked to LiVecchi was “Which powers, if any, do you think should be 
considered to be granted to the office of Lieutenant Governor constitutionally?” LiVecchi was 
hesitant to push for a constitutional change to the powers of the Lieutenant Governor, not as 
much because he worries about getting something into the document but more so getting 
something out. LiVecchi described his answer as “The thing with amending the Constitution is 
that not only is it a heavy lift to get something in, but it is a heavy lift to get something out.” 
LiVecchi said that he would show great support for proposed legislation that would bring more 
duties and responsibilities to the office. “I would love to see additional statutory powers such as 
being a member of different boards and even having some say in the appointments to these 
boards.” Statutory powers, although easier to change, are also a safer solution. 
  
 The final question asked to LiVecchi was “How has Lieutenant Governor Mark Robinson 
modified the position?” LiVecchi admitted that “legally, not much”. Lieutenant Governor 
Robinson has garnered national attention and is one of the more recognizable state officials in 
Brinkley 24 
 
the country, which is impressive for him only being a Lieutenant Governor with no prior political 
experience. LiVecchi commented on Lieutenant Governor Robinson’s great media presence by 
saying “Lieutenant Governor Robinson has taken full advantage of his position to raise 
awareness to the issues he feels are important. In terms of activity and volume, Lieutenant 
Governor Robinson has shown the influential capabilities of the office.” Lieutenant Governor 
Robinson’s excellent speaking skills and ability to control a crowd have made him one of the 
more influential figures in American politics today. 
 Overall, this interview with Brian LiVecchi was extremely enlightening to get the 
perspective of an individual who knows the full capabilities of the modern North Carolina 
Lieutenant Governor’s office. 
Conclusion 
 After dissecting the election styles of the Lieutenant Governor in the United States, the 
constitutional history of North Carolina surrounding its Lieutenant Governor, the current 
constitutional and statutory powers of the North Carolina Lieutenant Governor, the current 
political status of the North Carolina executive and General Assembly, the State Constitutions of 
the remaining seventeen states that elect their Governor and Lieutenant Governor separately, and 
interviewing with the presiding Chief of Staff and General Counsel of the current North Carolina 
Lieutenant Governor’s office, it is sufficient to that there are many factors to be considered when 
expanding the constitutional powers of the Lieutenant Governor. From joining various 
boards/committees/commissions to appointing members to the State Board of Education, there is 
a plethora of different constitutional duties and responsibilities that Lieutenant Governor across 
the country hold that are not implemented in North Carolina. Even though no single party has a 
Brinkley 25 
 
majority in the North Carolina General Assembly, this does not mean that bipartisan support 
cannot be made to strengthen the office of the North Carolina Lieutenant Governor. 
  
Brinkley 26 
 
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