The Commissioner of Financial Protection & Innovation is appointed by the Governor and is subject to confirmation by the Senate. Cal. Fin. Code § 322. The Governor, however, is not free to appoint just anyone. To be eligible for appointment, an prospective appointee must be:

• A citizen of the United States; and
• A resident of California for at least three years prior to his or her appointment.

Cal. Fin. Code § 323. The Financial Code further requires that the appointee "chosen solely for his or her qualifications and fitness to perform the duties of his or her office". Id.