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Jens 'n' Frens
Idle thoughts of a relatively libertarian Republican in Cambridge, MA, and whomever he invites. Mostly political.
"A strong conviction that something must be done is the parent of many bad measures." -- Daniel Webster
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Friday, August 08, 2003 :::
Dean asks how a vacancy in California's Lt. Gov. office would be filled. In some states, it wouldn't be -- Massachusetts, for example, doesn't fill vacancies in the office of governor. Jane Swift was never Governor -- she spent the last year-and-a-half of her term as Lieutenant Governor as Acting Governor.
California, however, is not Massachusetts ("Thank God," say millions of people on each coast). Article 5, section 5, subdivision b, says:
Whenever there is a vacancy in the office of the Superintendent of Public Instruction, the Lieutenant Governor [or several others], the Governor shall nominate a person to fill the vacancy who shall take office upon confirmation by a majority of the membership of the Senate and a majority of the membership of the Assembly and who shall hold office for the balance of the unexpired term. In the event the nominee is neither confirmed nor refused confirmation by both the Senate and the Assembly within 90 days of the submission of the nomination, the nominee shall take office as if he or she had been confirmed by a majority of the Senate and Assembly; provided, that if such 90-day period ends during a recess of the Legislature, the period shall be extended until thesixth day following the day on which the Legislature reconvenes.
How about that! I looked something up! The Internet doesn't just tie up my phone line, it's filled with useful legal tidbits just like that!
Anyway, I'll bet he could nominate Davis, though there may be a section elsewhere that I didn't notice. I didn't see anything in the recall section of the constitution to suggest that a recalled officer becomes ineligible for anything in the future.
::: posted by Steven at 6:56 PM
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