Bustamonte says "If Davis is recalled, I become governor"

KABC7 News | 7/21/2003

[ZGuy]

KABC just aired the following report : Cruz Bustamonte says that if Gray Davis is recalled, then the state constitution's governor successor list goes into effect therefore he would be the next governor of California no matter who gets the most votes to replace Davis since the constitution takes precidence over election laws.

[ZGuy]

No abc7 weblink - sorry.

[College Repub]

Is he right?

[hellinahandcart]

I would think he'd be WRONG, since an election is being held.

[ZGuy]

To clarify for those not in California - This was a 3 minute story on abc channel 7 news in Los Angeles. Bustamonte is the Lt. governor.

[breakem]

What's an election result to a democrat?

[ewing]

'I AM IN CONTROL HERE!' (lol)

[Dr Warmoose]

...since the constitution takes precidence...

LOL! Oh this hurts! [Falling on floor]

[ZGuy]

BIG ping

[Cinnamon Girl]

Cruz Bustamove also used the N word repeatly in a speech before an all black audience. He is mildly retarded.

[Jack Black]

CALIFORNIA CONSTITUTION
ARTICLE 5 EXECUTIVE


SEC. 10. The Lieutenant Governor shall become Governor when a
vacancy occurs in the office of Governor.
The Lieutenant Governor shall act as Governor during the
impeachment, absence from the State, or other temporary disability of
the Governor or of a Governor-elect who fails to take office.
The Legislature shall provide an order of precedence after the
Lieutenant Governor for succession to the office of Governor and for
the temporary exercise of the Governor's functions.
The Supreme Court has exclusive jurisdiction to determine all
questions arising under this section.
Standing to raise questions of vacancy or temporary disability is
vested exclusively in a body provided by statute.

[xm177e2]

therefore he would be the next governor of California no matter who gets the most votes to replace Davis since the constitution takes precidence over election laws.

If he's right about his interpretation of the Constitution, he's right. What a way to kill the recall ("go ahead and knock off Gray, you'll only be putting me in as an incumbent").

[hellinahandcart]

It wouldn't be the first time I've heard a fanciful interpretation of a state constitution, either.

The last time, it was the Florida Supreme Court doing it.

[glock rocks]

fresno bee story

Bustamante may be next governor

By John Ellis
The Fresno Bee
(Published Saturday, July 19, 2003, 4:20 AM)

Many political watchers believe a recall of Gov. Davis is Lt. Gov. Cruz Bustamante's best chance of becoming governor.

Bustamante's fund raising lags behind his chief rivals for the 2006 Democratic gubernatorial nomination. Without big money, candidates can't afford necessary television exposure.

That said, might there be another way for the Dinuba native to slip into the office?

There's been speculation that when Bustamante announces there will be a Davis recall election -- which now seems almost certain to happen -- he could use the state constitution in his favor: "The lieutenant governor shall become governor when a vacancy occurs in the office of governor."

Or Davis could resign. Given Davis' ego, this scenario is hard to believe. But could Davis thwart his political enemies this way and keep the office in Democrat Party hands?

As with everything else in this wacky recall effort, the answer seems to be maybe.

Bustamante's people believe if Davis resigns before the recall signatures are certified, Bustamante would become governor and the recall would die.

Others disagree, and point to the state Elections Code, which states: "If a vacancy occurs in an office after a recall petition is filed against the vacating officer, the recall election shall nevertheless proceed."

Filed is the key word. Some political experts say the recall was long ago "filed." In that case, Bustamante would be a caretaker governor, to be replaced by whoever won the recall -- if Davis was recalled.

Confused? Just wait. Lawsuits and the courts will no doubt muddle this even more.

By the way, when voting on the recall, be sure to answer the first question: Do you want to recall Davis? Your answer to the second question -- Who should replace Davis? -- will be invalidated if you leave the first question blank.

[DannyTN]

LOL, I always thought Al Haig got a bum rap on that. He was clearly just trying to assure the nation. This Lt. Gov. is trying to usurp power.

[hellinahandcart]

Hmm. No mention of a recall in there.

[gubamyster]

PING

[Sloth]

No vacancy will occur, as far as I see.

[45Auto]

Bustamont would become temporary acting-governor; he is charged by California law to call a special recall election as soon as the recall petitions are certified. The outcome of that election will determin if Davis remains or is replaced by the candidate getting the most (plurality) votes.

[breakem]

This thing will clear a dozen hurdles before it's over, but if the dems don't put some one on the ballot, it's going to a repub.

[LibWhacker]

More input from another SacBee opinion page article:

What a fun theory! But history, alas, seems to spoil the fun. The original 1911 recall amendment clearly required an election for a successor. The current language was part of a constitutional revision approved by voters in 1974, when neither proponents nor opponents argued that it would change the requirement for successor elections. Election law experts say the "if appropriate" language appears to deal with recalls of appellate judges, who are not elected and are therefore replaced by appointment.