[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?

[Political Junkie Too]

My guess would be that 1) Bustamante is still eligible as a replacement candidate, 2) Davis is not eligible since his resignation does not stop the recall and he is the recalled officer who is ineligible by statute.

-PJ

[pogo101]

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?

First question: Yes, Bustamante could go from Lt. Gov. now, then to Gov. after Davis quits, THEN "graduate" to serve the rest of Davis's term if the recall succeeds and Bustamante gets the plurality on question 2, as I understand the law.

No on the second, if only because the state constitution says that no governor may serve more than "two terms" -- not, by way of contrast, no more than "two FOUR YEAR terms." And Gray's second term would end immediately if the recall (question 1) passes.

[truth_seeker]

"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?"

Yes.