Appointed vs. Elected Officials: How Government Appointments Work

Appointed vs. elected

An elected official is chosen by voters. An appointed official is chosen by someone else — for example a president, governor, mayor, board or court. Many leaders of agencies, judges, ambassadors and members of boards and commissions are appointed rather than elected.

“Appointment” in this sense has nothing to do with booking a time slot — see what “appointment” means.

Federal appointments: the Appointments Clause

Article II, Section 2 of the U.S. Constitution sets out how many federal officers are appointed. It says the President “shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States” whose appointments are not otherwise provided for.

It continues that Congress “may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”

In practice this creates two broad groups:

1. Positions that need Senate confirmation — the President nominates, Senate committees usually hold hearings, and the full Senate votes.
2. Positions filled without Senate confirmation — where Congress has given appointment power to the President alone, the courts or department heads.

Reading the news about appointments

• Nominated means the person has been put forward; they are not yet in the job if confirmation is required.
• Confirmed means the Senate approved the nomination.
• Acting officials temporarily perform a role, under rules set by law.
• Recess appointments are a constitutional mechanism for filling vacancies while the Senate is in recess; how they can be used has been the subject of court decisions.

State and local appointments

States and cities have their own constitutions, charters and laws for appointments. Governors commonly appoint agency heads and some judges; mayors and councils appoint local officials and board members. Your state or city’s official website explains its process.

Why it matters to you

Appointed officials lead many of the agencies people book appointments with — passport, Social Security, immigration and motor vehicle offices. Changes in leadership can lead to policy changes, which is one reason to check official websites for current requirements before any appointment.