What if Davis resigned? - Calif recall off?

What if Gray Davis were to resign before the recall election? Who becomes the Governor? Bustamante, the Lt Gov?

I would think the recall election would then be off since Davis would no longer be in office to recall. Then Bustamante would be Gov until at least Nov 2004 when there would be an election to fill the remaining 1 year of Davis' term or until 2005, depending on what the California law provides.

If that is so then perhaps Davis should consider resigning for the good of the Party so that there will be no chance that the Cal governership can slip into Republican hands. Or will he let his ego get in the way?

Does anyone know what the Calif law is on Gubernatorial succession?

Further discussion here.

No one has posted the Calif law of succession and until you can see that no one can possibly determine what will happen. Whether or not Bustamente is next in line is not that important.

Surely there MUST be a succession law that says who is gov when a sitting governor resigns. The opinion of one poster on a BBS does not settle the issue.

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.

This has been discussed numerous times in various threads; the conclusion is not in question.

There is a law suit by the author of the recall law in which he contends that the Lt. Gov succeeds the Gov if a recall is approved based on the California Constitution:

Recall law's author: Bustamante would replace Davis

Ex-county legislator Keene files lawsuit in bid to explain constitution's wording
August 1, 2003

By CLARK MASON
THE PRESS DEMOCRAT

With the recall legal battle intensifying, two words written three decades ago by a North Coast legislator could play a crucial role in who would replace Gov. Gray Davis if he is removed from office.

Barry Keene, who represented Sonoma County for 20 years in the Assembly and state Senate, said Thursday that language he crafted for the state constitution hands the job to the lieutenant governor in the event of a recall.
...
Keene, who sponsored a 1974 constitutional amendment setting out parameters for a recall, argues that Lt. Gov. Cruz Bustamante should automatically succeed Davis in the event of a recall.

But Bustamante, who by state law is charged with calling the recall election, disagreed. After consulting with attorneys at three state agencies, he called for voters to choose a potential successor at the same time they decide whether to recall Davis.

Keene said uncertainty over who would replace Davis and the political chaos it has engendered -- with about 200 people taking out papers to run in the past week -- is exactly why the constitution specifies who the successor will be if the governor's office is empty.

More

I would not just dismiss this lawsuit since it is by the author of the recall law himself and will no doubt decide the issue. If he is right, the "successor" chosen according to the Cal constitution would be in an election in 2005.

n/t

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According to 11302, if Davis resigned now, then Bustamante would become the governor, and the recall would proceed.

Now, is the recall vote against the PERSON (i.e., Davis) or is it against the current officeholder (in this scenario, Bustamante)? The reason I'm asking is that 11382(c) says that nobody being recalled can be a candidate to succeed himself. If the the law is interpreted to mean that the current officeholder is being recalled, then Bustamante could not succeed himself (even though he's on the ballot).

I'm hoping the recall law has been interpreted to mean that it's against the person, then. (Otherwise, Davis should NOT resign now, for Bustamante's sake.) Does anyone know if that's the case?

(p.s. Hope I'm spelling Bustamante's name right. :) )

After all, the point is that the person is unfit for office in the judgment of the voters, not that the office needs just any new person to fill it. There's really no question about the interpretation.

Bear in mind that the Governor cannot resign conditionally. Once he resigns, he's out.

Under the section of election code cited, the Lt. Governor will be acting Goveror until the recall, when the winner of the replacement election assumes duties as governor permanently if the recall question passes. Most bleieve that in this case, the acting governor will re-assume his duties as Lt. Governor.

If the recall question fails, the Lt. Governor assumes the Governor's office permanently.

This point will probably be moot in the end. Right now, I believe that Davis will be recalled and Bustamante will win the replacement election.

I really should have read the whole page first. My apologies.