Commissioner Selection Process
The process for selecting commissioners is meticulously designed to be open, fair, and impartial. The primary goal is to identify individuals who possess strong analytical abilities, a commitment to impartiality, and a deep appreciation for the vast diversity of California's population. To maintain the integrity of the process, the system limits the influence of elected officials and relies on a structured, transparent methodology.
Key Facts
- Lead Agency: The California State Auditor (CSA) manages the entire selection process.
- Eligibility: Open to registered California voters who haven't changed party affiliation in five years and have voted in two of the last three general elections.
- Review Body: An Applicant Review Panel (ARP) consisting of three licensed senior auditors.
- Political Balance: The final commission is balanced among the two largest political parties and those not affiliated with either.
- Legislative Role: Elected officials can only participate by striking a limited number of semifinalists.
The Role of the California State Auditor and the ARP
The California State Auditor (CSA) oversees the process, beginning with a statewide outreach and recruitment campaign to attract a diverse and broad pool of applicants. To evaluate these candidates, the CSA establishes an Applicant Review Panel (ARP).
The ARP is composed of three qualified senior auditors licensed by the California Board of Accountancy, as mandated by Gov. Code, § 8252, subd. (b). To ensure neutrality, the panel includes one member from each of the state's two largest political parties and one member not affiliated with either. These members are selected randomly from a sub-pool of qualified auditors. To maintain transparency, all ARP meetings, interviews, and deliberations are open to the public.
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Eligibility and Conflict-of-Interest Screening
The ARP begins by screening applicants against rigorous conflict-of-interest rules. These rules apply to both the applicants and their immediate family members. To qualify, individuals cannot have held certain roles currently or within the previous ten years, including:
- Elected or appointed federal or state officials, or candidates for such offices.
- Staff members for the aforementioned officials or candidates.
- Officers, employees, or paid consultants of a political party or members of a party central committee.
- Registered lobbyists.
- Paid staff for the Board of Equalization (BOE), the legislature, or Congress.
- Contributors of $2,000 or more (inflation-adjusted) to congressional, state, or local candidates.
These same conflict-of-interest rules apply to the ARP panelists. Once selected, commissioners must continue to meet these qualifications, though some restrictions (such as registering as a lobbyist or serving as legislative staff) are lifted five years after their selection.
The Multi-Stage Selection Path
Candidates who pass the initial screening move into a more intensive evaluation phase. This involves submitting supplemental applications, including essays and letters of recommendation. The ARP evaluates these based on analytical skills, impartiality, and appreciation for California's demographics and geography.
Remaining candidates must then file Form 700, a financial disclosure document that lists income sources, real estate ownership, business interests, loans, and travel payments. Following background checks and social media scans, 120 applicants (40 from each of the three political sub-groups) are selected for 90-minute interviews.
From these interviews, the ARP selects 60 semifinalists—20 from each political sub-group.
The Legislative Strike Process
The 60 semifinalists are presented to the leaders of the two largest parties in the Assembly and the State Senate. Each leader may strike up to two semifinalists from each of the three sub-pools, totaling a maximum of 24 strikes. Similar to peremptory challenges in jury selection, no justification is required for these strikes. This is the only point at which elected officials influence the process.
In the 2010 and 2020 cycles, legislative leaders used all available strikes, leaving 12 finalists from each sub-pool (36 total). In 2020, one Democrat withdrew, resulting in 35 finalists.
Finalizing the Commission
The final 14 commissioners are chosen in two distinct phases:
- Random Drawing: The CSA randomly selects the first eight commissioners from the finalist pool: three from each of the two largest parties and two from the unaffiliated group. The selection of the first new commissioner triggers the end of the terms for all 14 sitting commissioners.
- Peer Selection: The first eight commissioners select the final six from the remaining finalists. They must ensure the commission reflects the state's racial, ethnic, geographic, and gender diversity without using strict formulas.
The final six must be proposed as a single slate and approved by a supermajority of the first eight, requiring at least two votes from each of the two largest parties and one vote from the unaffiliated group.
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Selection Process Summary
| Stage | Action/Requirement | Outcome |
|---|---|---|
| Initial Application | Voter registration & voting history check | Qualified Applicant Pool |
| Screening | Conflict-of-interest & Form 700 review | Tentatively Qualified Candidates |
| Interview Phase | 90-minute interviews for 120 candidates | 60 Semifinalists |
| Legislative Strike | Leaders remove up to 24 candidates | Finalist Pool (approx. 36) |
| Final Selection | Random draw followed by peer appointment | 14 Total Commissioners |
Frequently Asked Questions
Who is eligible to apply to be a commissioner?
Any registered California voter can apply, provided they have not changed their party affiliation in the five years prior to applying and have voted in at least two of the three most recent general elections.
What is the role of the Applicant Review Panel (ARP)?
The ARP, consisting of three licensed senior auditors, conducts the preliminary screening, evaluates supplemental applications, performs interviews, and selects the semifinalists based on analytical skill and impartiality.
How do elected officials influence the selection?
The only role elected officials have is the right of legislative leaders to strike a limited number of semifinalists (up to 24 total) without providing a reason.
What is Form 700?
Form 700 is a financial disclosure document used to identify potential conflicts of interest by listing an applicant's income, investments, real estate, and other financial interests.
How are the final six commissioners chosen?
The first eight commissioners (selected by random draw) choose the final six from the remaining finalists to ensure diversity and analytical competence. This slate must be approved by a supermajority of the first eight.