What happens is Gray Davis resigns before the recall?

Great Debates
1

Does anyone know what would happen if October 6th, (the day before the recall vote), Gray Davis decides he’s most likely gonna be recalled and so resigns? His lieutenant governor becomes governor and thus the seat stays in democrat hands.

Wouldn’t the recall be cancelled? After all, it is specifically a question of whether to recall Gray Davis and who to replace him with. If Gray Davis is no longer in office, the recall effort would have to start from scratch to get rid of the new governor.

Is there any truth to this?

(Mind you, if it is true, I would imagine the cries of bloody murder and anger would hurt the democratic party when the next election rolls around, not to mention all the money waster. But while a perhaps unpopular situation, would a resigning Davis stop the recall election and still keep the seat in the democrats hands?)

2

No, the California recall law specifically addresses this. Once the recall has been certified (that is, the Lt. Governor has accepted the petitions and set an election date), the die is cast. If Davis resigns, Bustamante would take over only until the election is held, then he must yield to the governor-elect.

http://www.signonsandiego.com/news/politics/20030718-0023-davisrecall-q&a.html