[pogo101]

If Davis vacates his office post-certification (which is where we already are), prior to the recall election, the recall election proceeds anyway. Lt. Gov. Bustamante would become governor in the interim, but he only could remain there if the recall failed to win a majority.

Cal. Elections Code section 11302 states, in part:

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.

Sorry if someone has already posted this. I searched for but didn't find any references to "11302."

[Eva]

Judging by the statute that you posted, my guess would be that Davis is probably going to step down in favor of Democrat who is on the ballot. The Democrat will be appointed interim Govenor to give him a head start in the recall election.

[cynwoody]

If Davis vacates his office post-certification (which is where we already are), prior to the recall election, the recall election proceeds anyway. Lt. Gov. Bustamante would become governor in the interim, but he only could remain there if the recall failed to win a majority.

So, if Davis resigns, and Bustamante becomes acting governor, is he then also ineligible for the replacement election (as Davis would be if doesn't resign)? IOW, if Davis quits, and the recall succeeds, could Bustamante graduate from acting governor to governor if he wins a plurality in the second question? Also, if Davis resigns, would he then become eligible to run in the replacement election?