It would tax the imagination to come up with anything that Florida needs less than to elect a secretary of state once again. Why would the Legislature even consider that?
Sen. Aaron Bean, the sponsor, explained it the other day. As reported by FloridaPolitics.com, the Fernandina Beach Republican told the Senate ethics committee that in the main he wants a fifth position on the Cabinet to avoid tie votes that require the governor to be on the prevailing side or the motion fails.
Actually, he and nearly everyone else are incorrect when they refer to that group of four as “the Cabinet.” Article IV Section 4 of the Constitution provides for the Cabinet to consist of an attorney general, a chief financial officer, and a commissioner of agriculture. The governor is NOT — I repeat, NOT — a member of the Cabinet.
And because they are elected, it’s not “his” Cabinet even though the members too often vote as if it were. They oversee 12 agencies in their collective role as — to put it accurately — “the governor and Cabinet.”
To the extent that the tie vote issue is a problem, there’s a simpler and less expensive way to deal with it than the creation of yet another statewide pooh-bah with yet another six-figure salary.
That’s to get rid of the elected agriculture commissioner. Let the governor appoint the position, as does now with the secretary of state. Or have the governor and the remaining two Cabinet members jointly select someone in the same manner as the head of the office of financial regulation.
But avoiding a tie vote situation strikes me as the lamest possible pretext to elect the secretary, which Florida last did in 1998.
The more important issue is how best to oversee elections, which is the function of the office that the public cares most about. The record-keeping, the corporations’ division, the arts, library and archives are less about policy than professional management. You don’t need to elect anyone for those.
But electing a secretary of state doesn’t guarantee that the duty will be carried out in a bipartisan, nonpolitical and professional manner. The present secretary, Ken Detzner, has been accused of doing what the governor wants to discourage rather than encourage voting. The last elected secretary, Katherine Harris, is best remembered for the infamous 2000 campaign in which she was first a co-chair of George W. Bush’s campaign and then made critical decisions in his favor.
Harris’s predecessor, Sandra Mortham, spoke at the committee hearing and referred to the dicey position of governor-appointed secretaries as “very, very, very difficult” for them. She also noted that local elected supervisors of election would be better off with a popularly elected state leader than with one named by the governor.
Those are better points, to be sure, than the tie vote issue. Harris’ tenure, though, was hardly a shining example of political independence.
Though nearly half the states have elected sectaries to state to manage elections, nine have appointed boards or commissions that are bipartisan, at least in theory. One of them is in North Carolina, where despite fierce efforts by a Republican and legislature to suppress voting, the GOP-dominated board acted respectably last year. Florida should consider that method of governance.
“I think there is no magic bullet,” says Ion Sancho, Leon County’s recently retired election supervisor, who is a nationally recognized figure in the field. “It doesn’t matter a darn bit if you elect the person if they have to follow the rigged election laws passed by the Florida Legislature.
He sees no point, however, in enlarging the elected Cabinet.
There used to be six Cabinet members, plus the governor, each with their own departments, in charge of an array of agencies they governed collectively. That system was created in the aftermath of post-Civil War Reconstruction to deliberately keep the governors weak. Trouble was, with everyone supposedly watching the store no one actually did. In modern times, two of Florida’s best governors, LeRoy Collins and Reubin Askew, tried unsuccessfully to be rid of the system.
Twenty years ago, the Constitution Revision Commission set out to trim the Cabinet to the only two offices that truly need to be independently elected: the attorney general and the chief financial officer. But agricultural lobbies threatened to defeat the entire reform at the polls if it didn’t retain the agriculture commissioner. Finding themselves with four voting officers instead of the intended three, the Commission came up with the curious tie-breaking rule. Eliminating the elected agriculture commissioner would dispose of that.
Agriculture is still one of the pillars of Florida’s economy, but it’s difficult to see why it needs its own surrogate governor any more than tourism or construction do. Rick Scott’s well-advertised faults as governor don’t mean that his successor shouldn’t be trusted with agriculture to the same extent as education, which once had its own elected Cabinet member too.
Martin Dyckman is a retired associate editor of the Tampa Bay Times. He lives in Asheville, North Carolina.