# Cali Gov. recall, how late can Davis resign? **URL:** \ **Category:** Factual Questions\ **Created:** [August 10, 2003, 4:58pm UTC](https://boards.straightdope.com/t/cali-gov-recall-how-late-can-davis-resign/194217 "2003-08-10T16:58:54Z")\ **Posts on this page:** 4\ **Page:** 1
**Author:** ![Eirik](https://avatars.discourse-cdn.com/v4/letter/e/b19c9b/32.png) [@Eirik](https://boards.straightdope.com/u/Eirik)\ **Post date:** [August 10, 2003, 4:58pm UTC](https://boards.straightdope.com/t/cali-gov-recall-how-late-can-davis-resign/194217/1 "2003-08-10T16:58:54Z")
As an ex-Californian, I’ve been following the recall drive in California with a bit of interest. One thing that came up on a talking head type show was that, if he wanted to end this, Davis could simply step down and let his Lt. Gov take over. At this point, it seems, few think that he’s likely to do that, but just how late can he do it? I suspect he can do it all the way up to the recall election without much trouble, but can he resign before the polls close on Oct. 7th if it’s clear he’s going to lose? ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [August 10, 2003, 5:09pm UTC](https://boards.straightdope.com/t/cali-gov-recall-how-late-can-davis-resign/194217/2 "2003-08-10T17:09:03Z")
He can but there’s no point. As I understand it, if he resigns the recall election still happens and his successor would be ousted. ---
**Author:** ![yabob](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/yabob/32/2821_2.png) [@yabob](https://boards.straightdope.com/u/yabob)\ **Post date:** [August 10, 2003, 5:10pm UTC](https://boards.straightdope.com/t/cali-gov-recall-how-late-can-davis-resign/194217/3 "2003-08-10T17:10:14Z")
He can’t at this point. Or he CAN, but the recall election happens anyway. Once the election date was set, it was too late for Davis to stop it by resigning. From [Slate](http://slate.msn.com/id/2086755): > [@](#): > > Nope. If Davis resigned today, Bustamante would take over until the Oct. 7 election. But if voters then opted to oust Davis, the elected replacement would take Bustamante’s place. Officials aren’t sure what to do if Davis resigns and the recall doesn’t oust him—but presumably Bustamante would remain in power. ---
**Author:** ![BobT](https://avatars.discourse-cdn.com/v4/letter/b/8e8cbc/32.png) [@BobT](https://boards.straightdope.com/u/BobT)\ **Post date:** [August 10, 2003, 5:47pm UTC](https://boards.straightdope.com/t/cali-gov-recall-how-late-can-davis-resign/194217/4 "2003-08-10T17:47:03Z")
Some legal scholars now speculate that if Davis resigned and Bustamante became governor, and the recall was successful that BOTH Davis and Bustamante would be out of a job. However, no one knows for sure what would happen with Bustamante, the Lt. Governor, as this is completely uncharted territory. Davis won’t resign however, so any talk is speculative.