Question...What if Gray Out Resigns before 10/7

Self | 8/11/2003 | Self

[Positive]

If the Grayster were to be hit by a truck tomorrow, Lt. Governor Bustamonte would be the new Governor right?

If so, would a resignation a couple of weeks before the election (ala Toricelli) produce the same result?

In other words if Gray Out ain't Governor he can't be recalled can he?

Is this less confusing to any of you?

[dts32041]

Nope from what I understand the Recall would still occur, because it has been set into motion.

[Chad Fairbanks]

Nothing can stop the recall election, short of Judicial Tyranny

[Timesink]

As I understand it the recall will take place no matter what, and, presuming the recall passes, whoever wins the election becomes governor. In the interim, Cruz "N****r" Bustamante would serve as acting governor.

I could be wrong though.

[dagar]

Nevermind the fact that libs have already broken election laws many times....

After the petetion is certified it is a go regardless if he quits or not. Bustamonte (spl) would only server till replacement is sworn in.

[Cold Heat]

An election will need to occur, but it would delay the process I think.

[Those_Crazy_Liberals]

Gray would quit. Bustamonty would be Gov until the winner of the election this fall. If voters dont approve the first question - whether to recall the gov, then Bustamonty would be the gov for the remainder of Gray's term.

[breakem]

FYI From the California Election Code available on line.

"11302. If a vacancy occurs in an office after a recall petition is filed against the vacating officer, the recall election shall nevertheless proceed. The vacancy shall be filled as provided by law, but any person appointed to fill the vacancy shall hold office only until a successor is selected in accordance with Article 4(commencing with Section 11360) or Article 5 (commencing with Section 11380), and the successor qualifies for that office."

"11382 (c) No person whose recall is being sought may be a candidate to succeed himself or herself at a recall election nor to succeed any other member of the same governing board whose recall is being sought at the same election."

[So Cal Rocket]

Well, here's another question... If Gray resigns, then Bustamante becomes Governor. If the recall passes, and someone besides Bustamante wins the second half of the ballot... does Bustamante get busted back to Lt. Gov. or does he get replaced altogether - since he is the Gov. at the time the recall passes?

[breakem]

more

CALIFORNIA CODES

ELECTIONS CODE

SECTION 11320-11327

11320. The following shall appear on the ballots at every recall election, except in the case of a landowner voting district, withrespect to each officer sought to be recalled:

(a) The question "Shall (name of officer sought to be recalled) be recalled (removed) from the office of (title of office)?"

[breakem]

more FYI. California Elections Code

11382. No vote cast in the recall election shall be counted for any candidate unless the voter also voted for or against the recall of the officer sought to be recalled.

A judge ruled this week that everyone can vote on the two questions 1. recall Davis YES or NO and 2. Vote for one of the replacement candidates. So you get two votes and can do yes or no on 1 and then anyone you want from the list of candidates.

In exception to the elections code, the judge said you do not even have to vote on number 1 and can still vote on number 2.

Davis cannot be on the list to replace himself in accordance with the sections I posted earlier.

[Keith in Iowa]

Interesting question...

I'd guess that should Bustamante's Lt Gov slot would be filled by the normal process in the event a Lt Gov gets the big job...either a nomination & confirmation by the state Senate, or, a special election - either automatic, or by petition.

[breakem]

I have not seen a specific reference to this in the code. Here's my swag (scientific wild a#$ guess). Busta will be acting gov, since Davis would still be the subject of the recall. If Davis is reacalled and Busto is not elected he would return and finish his term as Lt. Gov. He has not been recalled and would be entitiled to finish his term.

[Not now, Not ever!]

Exactly correct, including his middle name.

[frodolives]

No, last I heard, one MUST vote either for or against the recall, but no matter which, they then vote for a replacement. Those who abstain from voting yes or no on the recall don't get a say in the replacement.

With this and the 2000 election, my nine year old is getting a very good education on the finer points of election law.

[breakem]

4th para # 11. It was the only challenge to the elections code which was upheld last week.

[RS]

"If the Grayster were to be hit by a truck tomorrow, Lt. Governor Bustamonte would be the new Governor right?"

The jury is still out -

The election code says that if that occurs during a recall an APPOINTED replacement only serves until the election, but Bustamente would not have been appointed, he would become Governor by succession.

The recall petitions state, and presumably the recall itself will state, "Gray Davis as Governor in California"
so I don't see how they would apply to Governor Bustamente.

[lepton]

Whoever wins is going to have to build an administration amazingly fast - there appears to be no turnover time.

[breakem]

Fire the directors of the Departments of Finance and General Services (contracts) and get moving.

[lepton]

I wonder how they are going to have a ballot with near 200 entries. I bet there are a lot of problems going through menus on the computerized voting machines.