# What are the rules of succession in California? **URL:** \ **Category:** Factual Questions\ **Created:** [October 8, 2003, 9:26pm UTC](https://boards.straightdope.com/t/what-are-the-rules-of-succession-in-california/206359 "2003-10-08T21:26:56Z")\ **Posts on this page:** 7\ **Page:** 1
**Author:** ![Alzarian](https://avatars.discourse-cdn.com/v4/letter/a/ad7895/32.png) [@Alzarian](https://boards.straightdope.com/u/Alzarian)\ **Post date:** [October 8, 2003, 9:26pm UTC](https://boards.straightdope.com/t/what-are-the-rules-of-succession-in-california/206359/1 "2003-10-08T21:26:56Z")
Can anyone shed some light on the rules of succession in regards to the governor of California? Is the Lieutenant Governor position one that is elected seperatedly by the voters, is it tied to the Governor in the election, or is it an appointed position? I’m mainly thinking about what happens to Cruz Bustamonte once Swarzeneggar is sworn into office. Does he stay the L. Governor? And several what ifs… 1. If Davis should resign before the November swearing in of Swarzeneggar, does Bustamonte become Gov, appoint a new L. Gov, and then lose his job? 2. If Swarzeneggar is unwilling or unable to become Governor, does Bustamonte become the next Governor in November, or will another election be held to fill the top slot? (Or would the Republican party have the right to appoint a replacement candidate to be sworn in?) 3. In any event, once Swarzeneggar becomes governor, who will be the Lieutenant Governor, and if it remains Bustamonte, wouldn’t that make things interesting… ---
**Author:** ![Julius\_Henry](https://avatars.discourse-cdn.com/v4/letter/j/8797f3/32.png) [@Julius\_Henry](https://boards.straightdope.com/u/Julius_Henry)\ **Post date:** [October 8, 2003, 10:43pm UTC](https://boards.straightdope.com/t/what-are-the-rules-of-succession-in-california/206359/2 "2003-10-08T22:43:03Z")
IANAC, thank god, but I understand the Lt. Governor is elected separately. This is the case here in Missouri, and there have been times where the governor and lt. governor have been of different political parties. I don’t remember it ever creating any problems since lt. governor’s powers and duties are pretty much non-existent. ---
**Author:** ![friedo](https://avatars.discourse-cdn.com/v4/letter/f/8edcca/32.png) [@friedo](https://boards.straightdope.com/u/friedo)\ **Post date:** [October 8, 2003, 10:52pm UTC](https://boards.straightdope.com/t/what-are-the-rules-of-succession-in-california/206359/3 "2003-10-08T22:52:15Z")
I read last night that Bustamante will remain Lt. Governator under Schwarzenegger. ---
**Author:** ![Qburn](https://avatars.discourse-cdn.com/v4/letter/q/bc79bd/32.png) [@Qburn](https://boards.straightdope.com/u/Qburn)\ **Post date:** [October 8, 2003, 10:54pm UTC](https://boards.straightdope.com/t/what-are-the-rules-of-succession-in-california/206359/4 "2003-10-08T22:54:33Z")
The Governor is an elected position. The Lieutenant Governor is an elected position. When the Governor cannot fulfill the office, the LG is acting Governor. Neither Governor nor LG are appointed. If Arnold’s movie career takes him out of state for a period of days (& I’m uncertain how many days, maybe 3 or 4), Cruz becomes acting Governor. It so happens that all elected posts from LG to Insurance Commissioner are Democrats, and both houses happen to have Democratic majorities. ---
**Author:** ![BobT](https://avatars.discourse-cdn.com/v4/letter/b/8e8cbc/32.png) [@BobT](https://boards.straightdope.com/u/BobT)\ **Post date:** [October 9, 2003, 1:25am UTC](https://boards.straightdope.com/t/what-are-the-rules-of-succession-in-california/206359/5 "2003-10-09T01:25:21Z")
The Lieutenant Governor of California serves as Acting Governor ANYTIME the Governor leaves the state. If Schwarzenegger goes to Vegas for an hour, Bustamante is in charge for that time. There used to be a line of succession after the Lieutenant Governor, but now that order will be determined by the Legislature as necessary. ---
**Author:** ![Walloon](https://avatars.discourse-cdn.com/v4/letter/w/fbc32d/32.png) [@Walloon](https://boards.straightdope.com/u/Walloon)\ **Post date:** [October 9, 2003, 5:59am UTC](https://boards.straightdope.com/t/what-are-the-rules-of-succession-in-california/206359/6 "2003-10-09T05:59:03Z")
Article 5, Section 10 of the California Constitution: > [@](#): > > The Legislature shall provide an order of precedence after the Lieutenant Governor for succession to the office of Governor and for the temporary exercise of the Governor’s functions. [This](http://www.mcls.org/nonmembers/refcntr/gov_ca.cfm) website says that the order of succession continues with the Secretary of State, Attorney General, Treasurer, Controller, Superintendent of Public Instruction, and Insurance Commissioner. But [this website](http://www.smartvoter.org/gtg/ca/state/overview/state_exec.html) says that the order of succession continues with the president pro tempore of the Senate, speaker of the Assembly, secretary of state, attorney general, treasurer, and controller. Unfortunately, it appears that the only California statutes on-line are those passed since 1993, and those do not include a succession act. ---
**Author:** ![Nametag](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/nametag/32/406_2.png) [@Nametag](https://boards.straightdope.com/u/Nametag)\ **Post date:** [October 9, 2003, 5:28pm UTC](https://boards.straightdope.com/t/what-are-the-rules-of-succession-in-california/206359/7 "2003-10-09T17:28:14Z")
From the State’s website: [http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=7214701218+5+0+0&WAISaction=retrieve](http://www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=7214701218+5+0+0&WAISaction=retrieve) Government Code, section 12058. > [@](#): > > In case of vacancy in the office of Governor and in the office of Lieutenant Governor, the last duly elected President pro Tempore of the Senate shall become Governor for the residue of the term; or if there be no President pro Tempore of the Senate, then the last duly elected Speaker of the Assembly shall become Governor for the residue of the term; or if there be none, then the Secretary of State; or if there be none, then the Attorney General; or if there be none, then the Treasurer; or if there be none, then the Controller; or if, as the result of a war or enemy-caused disaster, there be none, then such person designated as provided by law. In case of impeachment of the Governor or officer acting as Governor, his absence from the state, or his other temporary disability to discharge the powers and duties of office, then the powers and duties of the office of Governor devolve upon the same officer as in the case of vacancy in the office of Governor, but only until the disability shall cease.