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Maldo withdrawn, re-submitted for Lt. Gov.

By Josh Richman
Friday, February 12th, 2010 at 3:28 pm in Abel Maldonado, Arnold Schwarzenegger, Lt. Governor.

Looks like the governor has backed off his initial plan to swear in Abel Maldonado as lieutenant governor later this month despite last night’s Assembly vote – he has withdrawn Maldonado’s name from nomination and then resubmitted it, effectively restarting the 90-day clock for another vote.

Maldonado issued this statement:

“I’m humbled and thankful to my colleagues in the Senate for confirming me to the Lieutenant Governor’s office and very disappointed with yesterday’s show of extreme partisanship and politicking in the Assembly.”

“The inability to come to a simple majority consensus on important issues is why Californians are rightfully disillusioned by Sacramento politics. I’ve said time and time again—I put the people first. The office of Lieutenant Governor is their office—it does not belong to Democrats or Republicans. For this reason, I wholeheartedly support the rescinding of my nomination. We must do the people’s work first.

“I agree with the governor’s interpretation of the constitution, and furthermore, I agree that we cannot waste time and resources on a lawsuit sure to be brought by politicians trying to protect a seat they believe belongs to them. Our focus should be acting on the budget deficit and improving our economy.

“So, it’s with the people in mind that I refuse to participate in what Democrats have promised to be a costly, wasteful lawsuit over their inability to act.

“Let me be clear – I will not waste a dollar of tax payer money fighting the lawsuit Democrats are sure to bring to protect what they feel is their office. I also refuse to waste another minute of time that should be spent on the business of the people. It’s time to balance the budget and create jobs.

“I’m honored to accept the Governor’s re-nomination and implore my colleagues to reject partisan influences as my colleagues in the Senate exemplified yesterday.”

UPDATE @ 3:46 P.M. FRIDAY: Here’s the governor’s statement:

“I am grateful to the leadership of the California State Senate for acting decisively and in a bipartisan manner in confirming Senator Abel Maldonado to the post of Lieutenant Governor. The display of extreme partisanship among Democrats in the Assembly yesterday resulted in legislative stalemate that can only be resolved through protracted litigation.

“If we are going to move California forward, create jobs and get our economy back on track, the Assembly Democrats cannot continue the political paralysis that throws every difficult decision to the courts. This kind of hyper-partisanship is exactly what the voters have rejected time and time again. It doesn’t produce new jobs; it doesn’t balance our budget; it doesn’t lower people’s taxes or provide health care to one sick child. It has to stop.

“The California Constitution is clear: the Legislature must confirm or reject my nominee for Lieutenant Governor within 90 days. Refusal to make a decision results in the nominee taking office. I believe the public good is not served by continued paralysis and protracted litigation because the Assembly Democrats cannot produce a simple majority to make a decision.

“Therefore, in an effort to avoid wasting time and energy on litigation that should be spent passing a jobs package that will get Californians back to work, I intend to withdraw and resubmit the nomination of Abel Maldonado for Lieutenant Governor back to the legislature and ask the Assembly to take the vote again until a majority decision is reached, one way or another.

“I believe Senator Abel Maldonado is most qualified to be Lieutenant Governor and I am proud to re-nominate him. I urge the Assembly to set aside partisan bickering and act swiftly and decisively on his nomination.”

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  • John W.

    Where can we look up who voted for and against? I’m assuming Joan Buchanan voted against, but I’d like to find out for sure before I let her know my opinion of that vote.

  • Josh Richman

    Jim Beall, D-San Jose, and Jared Huffman, D-San Rafael, were the only Bay Area Assembly members who voted in favor of confirmation; all others cast votes to reject.

  • califdems

    The operative word in the Constitution is “both.” It doesn’t say “either.” This means that BOTH the Assembly and the Senate must fail to act for the 90-day trigger to auto-confirm. The Senate voted already to confirm. This means the 90-day auto-confirm never can be triggered. If the language said failure to act by “either” side of the Legislature would auto-confirm, that would be different. But, the language doesn’t say that. The language requires failure to act by “both” sides of the Legislature. The wording is what the wording is and it’s clear that different wording (“either” rather than “both”) would result in a different analysis. Whether or not one believes this is a good standard doesn’t really matter. The Governor nominates. The Legislature has the option to confirm. In the unusual case where BOTH sides of the Legislature fail to act within 90 days, the nominee automatically is confirmed. But, hoo-hah, hoo-hah, there is no provision for an auto-confirmation once one side of the Legislature takes a stand. Thanks for playing.

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  • phyliss

    Chelene Nightingale for governor 2010 Unemployed radical…does not have the common sense…to monitor her lunatic rantings…been reported she has filed for bankruptcy and trying to hide this from her backers. Belongs to radical “constitution party” the same party RAND PAUL is trying to distance himself from due to their anti-gay segregated society views…please be aware

  • Barrett Reynolds

    Chelene Nightingale for governor 2010 AIP. Wow, I just listened to a radio interview from Modesto CA, this woman took questions from callers and could not form complete sentences to explain herself. She advocated that all people could own “saw-offed rifles” if they choose, also she said she would not deal with legislators if they did not follow her views. She could not answer any type of question regarding her budget plan, (she said she would have to email someone with her answer because she did not understand their question.) A total incompetent Delusional person. It was very scary to listen to her and I could tell the Host of the radio show, was shocked and just sort of said..umm okaay. She panders to the under educated individuals and conspiracy theory crowd. A total unrealistic and frankly stupid person. CA deserves better. Please take a listen for yourself.