Comments on: Brown sworn in as new governor

By: John W

John W — Fri, 07 Jan 2011 02:51:52 +0000

Very interesting. All moot presumably. But still interesting for all of us junkies. The Commission on the Governorship seems like a very good approach for dealing with various contingencies not specifically forseen and addressed in law. Thanks again, Steve W.

By: steve weir

steve weir — Thu, 06 Jan 2011 22:15:22 +0000

Article V, Sec 2 of the Calif. Constitution states: “The Governor shall be elected every fourth year at the same time and places as members of the Assembly and hold office from the Monday after January 1 following the election until a successor qualifies.”

Governmetn Codes Section 1302 states: “Every officer whose term has expired shall continue to discharge the duties of his office until his successor has qualified.”

By: steve weir

steve weir — Thu, 06 Jan 2011 20:21:31 +0000

Further observations:

Government Code 12058.5. “In case of the death, disability or other failure to take office of the Governor-elect, whether occurring prior or subsequent
to the returns of election, the Lieutenant Governor-elect shall act as Governor from the same time and in the same manner as provided for the Governor-elect and shall, in the case of death, be Governor for the full term or, in the case of disability or other failure to take office, shall act as Governor until the disability of the Governor-elect shall cease.”

This appears to apply to a Governor Elect(prior to taking the oath and assuming the office).

Gov. Code Sec.12070 also established the Commission on the Governorship and states that its five members (President Pro Tem of the Senate, Speaker of the Assembly, President of UC, Chancellor of Cal. State Colleges, and Director of Finance) shall have the authority to petition the Supreme Court of Calif. to resolve issues of vacancy and succession to the office of Governor.

By: John W

John W — Thu, 06 Jan 2011 20:19:36 +0000

Thanks Steve Weir. Hope you are rested from the recent election. Your explanation makes sense, except that the rule that current officers hold over until their replacement takes office is new to me. Maybe a California thing? I’m fairly new to California and have lived in numerous other states. I was always under the impression — perhaps wrongly — that the person holding an office leaves at the end of his or her term, regardless of whether the elected replacement has taken office. In the disputed Alaska Senate election, Murkowski could not have been seated at the opening of the new Congress if the election results had not been certified in time, even though she was the incumbent and apparent winner. But perhaps it’s different for constitutional offices than for legislative bodies.

By: steve weir

steve weir — Thu, 06 Jan 2011 19:14:17 +0000

I’m not certain of the answer to John W’s question, but here goes:

Article 5, Sec. 10 of the Calif Constitutions states in part: “The Lieutenant Governor shall become Governor when a vacancy occurs in the office of Governor.”

Vacancy is defined in Government Code Sec. 1770 to include “(a) death of the incumbent.”

Article 2, Sec. 20 of the Calif. Constitution states that the term of office for the Constitutional Offices (not Legislative) begins on the first Monday after January 1st. Government Code Section 24200 further clarifies that by saying that the term begins at Noon on that day.

Government Code Sec. 1360 states in part: “…before any officer enters on the duties of his office, he shall take and subscribe the oath or affirmations set forth in Section 3, Article 20 of the Constitution of California.”

Since current officers hold over until their replacement has taken the office, the current Lieutenant Governor remains in office until his replacement has taken his oath. (I’m looking for that citation.)

Without looking at any legal precedents, I believe that the current Lieutenant Governor (Maldonado) would become Governor if a vacancy occurs in that office and the new LG Elect has not taken his oath.

By: Ralph Hoffmann

Ralph Hoffmann — Thu, 06 Jan 2011 00:07:10 +0000

RR, in the next to last paragraph, LAV wrote “(Forgive the lateness of this post. Our blogs were down most of the afternoon. LAV)”

By: RR, Uninvited Columnist

RR, Uninvited Columnist — Wed, 05 Jan 2011 23:35:07 +0000

Re:No. 4 What’s it all about, Ralphie?

By: John W

John W — Wed, 05 Jan 2011 18:39:27 +0000

The Lite Gov spot can wait a few days. Keeps the crazy lame duck Supervisors from selecting the interim mayor. Important, since SF has a strong-mayor form of government. However, Gettoworkgavin’s post raises an interesting hypothetical. What if Jerry did suddenly depart this life before Gavin was sworn in? Is Maldonado still Lite Gov until the new one is sworn in, or has his term expired? I think the latter. If Gavin was sworn AFTER Jerry kicked, would he still become governor for the remainder of Jerry’s term? Or would a special election be held, since there was no sworn Lite Gov successor in place at the time of his untimely demise.

By: Elwood

Elwood — Wed, 05 Jan 2011 06:40:10 +0000

Re: #5

You need to lie down with a damp cloth over your forehead.

By: Gettoworkgavin

Gettoworkgavin — Wed, 05 Jan 2011 03:02:23 +0000

Re: #3 Like Vice-President Biden, the Lt. Gov’s #1 job is
to be ready to replace the top dog if he goes down. Right now,
instead of the Democrat we elected in Nov., the person who would
replace Gov. Brown for the next four years if something unforeseen
happens is Republican Abel Maldonado. Did we just endure 7 years of
Ahhnald to risk getting 4 years of Abel? Unlikely, but not worth
the risk. Take the oath & get to work Gavin!
http://www.facebook.com/#!/pages/Get-To-Work-Gavin/116077801797907