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CURRENT EVENTS: Questions You May Have Had About What's Going On
Answers by JoinCalifornia Editor & Historian Alex Vassar

Email Questions to alex@onevoter.org

 

Q: Has anyone ever been nominated twice to fill a statewide vacancy?
A: Abel Maldonado is the first person to be appointed to fill the same statewide vacancy twice, after having his first confirmation rejected by the Legislature. However, there have been at least three other people who were appointed to statewide vacancies twice:
1. In 1858, State Senator Aaron R. Meloney was appointed Controller on February 4th and then again on April 26th after there were questions raised about "the regularity of the appointment".
2. In 1906, Controller Edward P. Colgan died on November 20 (just 14 days after winning reelection at the 1906 General Election). So, A. B. Nye was appointed on November 24th by Governor Pardee to fill out the remaining six weeks of the 1903-1907 term, and reappointed on January 7th by Governor Pardee to fill out the remaining four years of the 1907-1911 term.
3. Thomas Kuchel was appointed to fill two different statewide vacancies (Controller in 1946 and US Senator in 1953). Interestingly, like Maldonado, Kuchel was a Republican State Senator when he received his first appointment.

 

Q: If the Legislature takes the full 90 days to confirm Maldonado, will he be California's shortest-serving Lieutenant Governor?
A:
Definitely not. Assuming that the Governor reappoints Maldonado in the next few days, the 90-day confirmation period will end in mid-May. With the current term not ending until early January, the shortest period he could serve (if confirmed this time) would around 230 days, which is longer than John G. Downey (5 days in 1860), John L. Harmer (94 days in 1974). Interestingly, Maldonado might be able to serve longer than three other Lieutenant Governors depending on how quickly he is confirmed:

By the end of the current term, if confirmed by. . .
March 22
he will have served longer than Spencer G. Millard (287 days in 1895)
April 30 he will have served longer than Robert Waterman (248 days in 1887)
May 12 he will have served longer than William D. Stephens (236 days in 1916)

Finally, Maldonado has indicated that he will be a candidate for Lieutenant Governor in 2010, which could give him a total of just under 9 years if reelected twice.
[For more information, check out Shortest Terms]

 

Q: What is the history of appointments to fill vacancies in statewide elected offices?
A: Prior to 1976, vacant statewide offices could be filled immediately by the Governor without the consent of the Legislature. Since 1976, there have been seven appointments to fill vacant statewide offices, including two appointments of Abel Maldonado as Lieutenant Governor. Three of the appointments were confirmed, three were denied confirmation (counting the first Maldonado appointment, which was withdrawn after failing an Assembly vote but prior to the end of the 90-day confirmation period).

 

Q: When was the last time a Lieutenant Governor succeeded the Governor following death or resignation? 
A:
Although the practice was much more common during the first years of California statehood, only three Lieutenant Governors have succeeded to fill a Gubernatorial vacancy in the last 100 years. The most recent occured in 1953 when Earl Warren resigned as Governor to become Chief Justice of the US Supreme Court.

1953 Goodwin Knight succeeded Earl Warren Resigned.
1934 Frank Merriam succeeded James Rolph Died.
1917 William Stephens succeeded Hiram Johnson Resigned.

 

Q: What is the history of the Lieutenant Governor casting a deciding vote in the State Senate? 
A: The State Constitution gives the Lieutenant Governor the ability to cast a 'Casting Vote' only in cases where the State Senate vote on a bill ties at 20-20. The casting vote may not be used on two-thirds vote bills (such as Urgency bills or Constitutional Amendments), and may not be used if the vote ties with less than all the Senators voting.
The first casting vote in the State Senate was on December 18, 1849 (on the third day of the first session). During the adoption of the first Senate Rules, John Bidwell proposed that the vote on the adoption of the rules be taken on each rule separately." When the vote tied 6 to 6, the Lt. Governor voted no.
The most recent casting votes were:

Date Lt. Governor Bill Subject
1996 Davis voted NO AB 1982 by Pete Knight Gay Marriage
1976
1975

Dymally voted AYE
Dymally voted AYE

AB 1713 by Floyd Mori
AB 489 by Willie Brown
CA Youth Authority
Sodomy
1967  Finch voted AYE SB 392 by John Schmitz Public Assistance Records

 

Q: What do Lieutenant Governors do after leaving office?
A:
To answer that question, we looked at what the next step was for the 46 Acting, Appointed, or Elected Lieutenant Governors;
GOVERNOR: 7 became Governor by succession, 3 became Governor by election, and 4 ran for Governor and lost.
OTHER OFFICES: 2 ran for US Senate and won, 3 ran for US Senate and lost. 4 were elected to Congress, and 2 were elected to State Legislature.
END OF THE LINE: 2 Died in Office, and 19 others never again ran for partisan office.
[For more information, check out Elected Offices]