A. The governor has the powers and shall perform the duties as prescribed in this article. The governor:
1. Shall supervise the official conduct of all executive and ministerial officers.
2. Shall see that all offices are filled and the duties performed or, in default, invoke such remedy as the law allows.
3. Shall appoint a private secretary to the governor and shall appoint all officers of this state not made elective, unless otherwise provided.
4. Notwithstanding section 38-211, shall appoint the lieutenant governor to serve as the governor's chief of staff or the director of the Arizona department of administration or to fill any position for which the governor is otherwise authorized by law to make an appointment.
5. Shall be the sole official means of communication between this state and the government of any other state or the United States.
6. May direct the attorney general to appear on behalf of this state when any action or legal proceeding is pending that affects the title of this state to any property or that may result in a claim against this state.
7. May require the attorney general, or any county attorney, to inquire into the affairs or management of any corporation doing business in this state.
8. May require the attorney general to aid a county attorney in the discharge of his duties.
9. May offer rewards for escaped insane persons, not exceeding five hundred dollars.
10. May require any officer or board to make special reports to him on demand in writing.
11. May convene the legislature at some other place when the seat of government becomes dangerous from disease or a common enemy.
12. May enter into intergovernmental agreements with officers, agencies or departments of the United States to provide funding or other resources available from any related state agency, board or commission for the purpose of operating federal parks located in this state during any period when such parks would otherwise be subject to shutdown due to a lack of federal appropriation and as deemed necessary to promote tourism, this state's economic well-being, or the health, safety or welfare of the state's citizens. The governor shall not provide general fund appropriations from any related state agency, board or commission to operate a federal park pursuant to this paragraph for more than twenty-one days without the approval of the legislature. The joint legislative budget committee shall review any expenditure of funds or other resources pursuant to this paragraph.
13. Has such powers and shall perform such other duties as devolve on him by law.
B. All official acts of the governor, except approval of the laws, shall be attested by the secretary of state.
C. The governor is eligible to receive an annual salary pursuant to section 41-1904.
D. Before an individual is hired as an employee of the office of the governor, that individual shall submit a full set of fingerprints to the governor for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.
Notes of Decisions
Cited in
12
cases (
2 in the last 5 years), 1956–2023 · leading case:
McDonald v. Thomas, 40 P.3d 819 (Ariz. 2002).
McDonald v. Thomas, 40 P.3d 819 (Ariz. 2002).
· cites it 17× “See A.R.S. §§ 41-101(B), 41-121(2) and (4). Further, McDonald argued, because the document lacked Governor Symington’s signature, was not attested by the secretary of state, was not affixed with the seal of the State of Arizona, and was not recorded in the official records of…”
Yes on Prop 200 v. Napolitano, 160 P.3d 1216 (Ariz. Ct. App. 2007).
· cites it 6× “” A.R.S. § 41-101, subd. A provides that the Governor “shall supervise the official conduct of all executive and ministerial officers” (par.”
State ex rel. Brnovich v. Maricopa Cnty. Cmty. Coll. Dist. Bd., 395 P.3d 714 (Ariz. Ct. App. 2017).
· cites it 2× “479, 481 , 626 P.2d 1111, 1113 (App. 1981)). ¶ 10 Here, after the AAG filed this action, then-Governor Jan Brewer directed the AAG to take “all legal actions” to enforce the laws regarding aliens’ eligibility for in-state tuition benefits, which she interpreted as proscribing…”
State Ex Rel. Morrison v. Thomas, 297 P.2d 624 (Ariz. 1956).
· cites it 4× “1939 [A.R.S. § 41-101]. What official action the Governor might find necessary to take, if any, and what remedy the Governor might be disposed to pursue if in his discretion such were necessary, even to the extent of requiring the Attorney General to handle an action upon the…”
McDonald v. Thomas, 12 P.3d 1194 (Ariz. Ct. App. 2000).
· cites it 12× “See A.R.S. §§ 41-101(B) (1999), -121(2) and (4) (Supp.”
Arizona State Land Dep't v. McFate, 348 P.2d 912 (Ariz. 1960).
· cites it 2× “” A.R.S. § 41-101, subd. A provides that the Governor “shall supervise the official conduct of all executive and ministerial officers” (par.”
Yniguez v. Mofford, 730 F. Supp. 309 (D. Ariz. 1990).
· cites it 2× “Mofford’s authority in this regard derives from her constitutional duty to take care that laws are faithfully executed, Ariz.”
Moore v. State, 656 P.2d 646 (Ariz. Ct. App. 1982).
· cites it 2× “See A.R.S. § 41-101(A)(8) and A.R.S. § 11-532.”
Hoy v. State, 724 P.2d 35 (Ariz. Ct. App. 1984).
· cites it 2× “5, § 8, Arizona Constitution, and A.R.S. § 41-101(A)(2) to fill the vacancy by appointment and to appoint an interim Acting Director.”
Bradley v. Bradley (D. Ariz. 2023).
· cites it 6× “The Governor’s 17 powers and duties are set forth in Article 5 of the Arizona Constitution and A.R.S. §§ 41-101 to 41-115. None of these 18 provisions bestow upon the Governor the title of “Chief Executive Officer.”
Pierce v. Ducey (Ariz. Ct. App. 2022).
· cites it 3× “Whatever official shine is conferred on gubernatorial communication by Section 41-101, there is no law compelling Congress to act on any matter.”
State of Arizona v. Melissa Jo Reyes (Ariz. 2002).
· cites it 2× “" On November 22, 2000, the trial judge denied relief, finding that attestation was not required because 2 o the Govemor’ s denial of a Board-recommended commutation is not an official act "within the meaning of A.R.S. § 41-101(B)." Thus, denial of the commutation was effective…”
— Ariz. Rev. Stat. § 41-101(A) — 1 case
Yes on Prop 200 v. Napolitano, 160 P.3d 1216 (Ariz. Ct. App. 2007).
“” A.R.S. § 41-101, subd. A provides that the Governor “shall supervise the official conduct of all executive and ministerial officers” (par.”
— Ariz. Rev. Stat. § 41-101(A)(1) — 4 cases
Yes on Prop 200 v. Napolitano, 160 P.3d 1216 (Ariz. Ct. App. 2007).
“” A.R.S. § 41-101, subd. A provides that the Governor “shall supervise the official conduct of all executive and ministerial officers” (par.”
State ex rel. Brnovich v. Maricopa Cnty. Cmty. Coll. Dist. Bd., 395 P.3d 714 (Ariz. Ct. App. 2017).
“479, 481 , 626 P.2d 1111, 1113 (App. 1981)). ¶ 10 Here, after the AAG filed this action, then-Governor Jan Brewer directed the AAG to take “all legal actions” to enforce the laws regarding aliens’ eligibility for in-state tuition benefits, which she interpreted as proscribing…”
Yniguez v. Mofford, 730 F. Supp. 309 (D. Ariz. 1990).
“Mofford’s authority in this regard derives from her constitutional duty to take care that laws are faithfully executed, Ariz.”
Bradley v. Bradley (D. Ariz. 2023).
“The Governor’s 17 powers and duties are set forth in Article 5 of the Arizona Constitution and A.R.S. §§ 41-101 to 41-115. None of these 18 provisions bestow upon the Governor the title of “Chief Executive Officer.”
— Ariz. Rev. Stat. § 41-101(A)(2) — 1 case
Hoy v. State, 724 P.2d 35 (Ariz. Ct. App. 1984).
“5, § 8, Arizona Constitution, and A.R.S. § 41-101(A)(2) to fill the vacancy by appointment and to appoint an interim Acting Director.”
— Ariz. Rev. Stat. § 41-101(A)(3) — 1 case
Bradley v. Bradley (D. Ariz. 2023).
“The Governor’s 17 powers and duties are set forth in Article 5 of the Arizona Constitution and A.R.S. §§ 41-101 to 41-115. None of these 18 provisions bestow upon the Governor the title of “Chief Executive Officer.”
— Ariz. Rev. Stat. § 41-101(A)(4) — 1 case
Pierce v. Ducey (Ariz. Ct. App. 2022).
“Whatever official shine is conferred on gubernatorial communication by Section 41-101, there is no law compelling Congress to act on any matter.”
— Ariz. Rev. Stat. § 41-101(A)(8) — 1 case
Moore v. State, 656 P.2d 646 (Ariz. Ct. App. 1982).
“See A.R.S. § 41-101(A)(8) and A.R.S. § 11-532.”
— Ariz. Rev. Stat. § 41-101(B) — 3 cases
McDonald v. Thomas, 40 P.3d 819 (Ariz. 2002).
“See A.R.S. §§ 41-101(B), 41-121(2) and (4). Further, McDonald argued, because the document lacked Governor Symington’s signature, was not attested by the secretary of state, was not affixed with the seal of the State of Arizona, and was not recorded in the official records of…”
McDonald v. Thomas, 12 P.3d 1194 (Ariz. Ct. App. 2000).
“See A.R.S. §§ 41-101(B) (1999), -121(2) and (4) (Supp.”
State of Arizona v. Melissa Jo Reyes (Ariz. 2002).
“" On November 22, 2000, the trial judge denied relief, finding that attestation was not required because 2 o the Govemor’ s denial of a Board-recommended commutation is not an official act "within the meaning of A.R.S. § 41-101(B)." Thus, denial of the commutation was effective…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.