State Auditor Tom Schweich's death Thursday means Gov. Jay Nixon soon will be naming a new auditor.
The Missouri Constitution says: "The governor shall fill all vacancies in public offices unless otherwise provided by law, and his appointees shall serve until their successors are duly elected or appointed and qualified."
The state law in the chapter about the auditor's office adds: "The governor shall immediately appoint an auditor to fill such vacancy for the residue of the term in which the vacancy occurred, and until his successor is elected or appointed, commissioned and qualified."
The law also empowers the auditor to appoint a deputy state auditor who "shall be thoroughly competent to perform all the duties prescribed by law to be performed by the state auditor. ... The deputy state auditor, when appointed, may perform the duties of the office, but the state auditor and his sureties on his official bond, shall be liable for the official acts, misfeasance or defalcation of the deputy state auditor."
Since Schweich became auditor in 2011, his deputy state auditor has been Harry Otto, a Jefferson City accountant and CPA who retired from the Williams-Keepers firm to join Tom Schweich's office.
The last time there was a vacancy in the state auditor's office during an auditor's term was 1984, when James Antonio resigned to take an appointed position in another state. Then-Gov. Christopher "Kit" Bond named Cole County Auditor Margaret Kelly to succeed Antonio.
The Constitution requires the governor's choice to succeed Schweich meet the same qualifications for the office as the governor: Be at least 30 years old, a U.S. citizen for at least the last 15 years and a Missouri resident for at least the last 10 years.
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