ELECTED BUT NEVER SWORN IN
Below is a list of the individuals elected to state or federal offices in California, but who never took the oath of office. Most died before assuming office, while others declined to serve. This list does not include cases like Bruce Bronzan who declined to assume office after winning reelection in the 1992 General Election (but had already served in the State Assembly for a decade) or Don A. Allen, who was returned to the Assembly in a June 1956 special election but deferred his seating for the rest of the session. Allen had previously served more than nine years and would (starting in 1957) serve another eight.
A total of 42 people declined to attend our two state constitutional conventions after being elected as delegates. The 1849 Convention which wrote our first state constitution (in use 1850-1879) had 24 no-shows, while the 1878-79 Convention (which wrote our current state constitution) had 18 delegates decline to attend.
Name | Office | Year | Days | Reason |
24 Individuals | Const. Convention Delegate | 1849 | 0 | Declined to assume office. |
La Fayette Dunlap | State Assembly | 1850 | 0 | Died before assuming office. |
Lindsey Carson (Sonoma) |
State Assembly | 1853 | 0 | Declined to assume office. (1) |
James H. Carson (Calaveras) |
State Assembly | 1853 | 0 | Died before assuming office. (2) |
Samuel Brannan | State Senate | 1853 | 0 | Declined to serve. |
James W. Mandeville | Controller | 1857 | 0 | Declined to serve. (3) |
Thomas Robertson | State Assembly | 1859 | 0 | Died before assuming office. |
James Otis | State Assembly | 1862 | 0 | Declined to serve. |
George W. Seaton | State Senate | 1865 | 0 | Died before assuming office. |
18 Individuals | Const. Convention Delegate | 1878 | 0 | Declined to assume office. |
W. J. Maclay | State Assembly | 1879 | 0 | Died before assuming office. |
Robert Desty | State Senate | 1880 | 0 | Disqualified; not a citizen. |
William L. Morton | State Assembly | 1882 | 0 | Died before assuming office. |
Charles L. Pond | State Senate | 1890 | 0 | Died before assuming office. |
J. H. Krimminger | State Assembly | 1904 | 0 | Died before assuming office. |
Charles F. Van de Water | U.S. Representative | 1920 | 0 | Died before assuming office. |
Jan Leja | State Assembly | 2000 | 0 | Declined to serve. (4) |
(1) Lindsey Carson was elected in the 1853 General Election on October 8th. Carson declined to be seated. A Special Election to fill the vacancy was held on December 23, 1853.
(2) James H. Carson was elected in the 1853 General Election on October 8th. Carson died December 12, 1853, before qualifying. A Special Election to fill the vacancy was held on January 10, 1854.
(3) Mandeville was elected Controller in 1857 but declined to serve and never took the oath of office. He was reeelected in 1875 and served 62 days before he died.
(4) Leja agreed not to serve as part of plea deal relating to campaign finance charges.
SHORTEST TERMS IN OFFICE
California's shortest serving officeholders of state and federal offices are listed below. Some died before assuming office, while others resigned, died, or lost reelection soon after assuming office. One interesting story is that of AD-54 in 1903; A. D. Duffey was a member for 37 days between when he was sworn in and when his seat was successfully contested by Harry S. Wanzer who then served for 34 days before resigning.
There are a number of current state and federal officeholders who have served less than 365 days in their new offices and would qualify for inclusion on the "Shortest Terms in Office" list if they left office today. Those elected officials (and the dates of their 365th day in office) are:
- US Senator Laphonza Butler (October 3, 2024)
- State Senate President Pro Tem Mike McGuire (February 5, 2025)
- US Representative Vince Fong (June 4, 2025)
- Members of the State Legislative Class of 2024 (December 5, 2025)
- Members of the Congressional Class of 2025 (January 3, 2026)
Name | Office | Year | Days | Reason |
Jesse S. Pitzer | State Assembly | 1853 | 3 | Won recount. Lost re-recount. (1) |
Sean Wallentine | Board of Equalization | 2011 | 3 | Term Ended. (2) |
William B. Dickenson | State Assembly | 1849 | 4 | Lost election recount. |
Barnabas Collins | State Assembly | 1901 | 4 | Died. |
F. C. Clowdsley | Assembly Speaker | 1934 | 4 | Extra Session ended. |
Nathaniel Bennett | State Senate | 1849 | 5 | Resigned. |
Milton S. Latham | Governor | 1860 | 5 | Resigned. |
John G. Downey | Lt. Governor | 1860 | 5 | Became Governor. |
William Van Voorhies | State Assembly | 1849 | 6 | Resigned. |
Jonas Spect | State Senate | 1849 | 9 | Lost recount. |
James Schwab | Secretary of State | 2021 | 12 | Weber Confirmed (2) |
Dana P. Eicke | State Assembly | 1935 | 20 | Died. |
Kathleen Kenealy |
Attorney General |
2017 | 21 | Becerra Confirmed. (2) |
J. Matthew Rodriquez | Attorney General | 2021 | 31 | Bonta Confirmed. (2) |
C. J. Freeman | State Assembly | 1851 | 32 | Resigned. |
Nathan Porter |
State Senate | 1878 | 34 | Died. |
Harry S. Wanzer | State Assembly | 1903 | 34 | Resigned. |
Adrian C. Fondse | State Assembly | 1981 | 35 | Lost election recount. |
A. D. Duffey | State Assembly | 1903 | 37 | Lost election recount. |
Alexander Gordon |
Railroad Commission |
1911 | 39 |
Office abolished. |
Jonathan Dudley | State Senate | 1883 | 40 | Lost election recount. |
Andrew Johnson | U.S. Vice President | 1865 | 42 | Became President. |
Samuel Boring | State Senate | 1887 | 42 | Term ended. |
P. B. Cornwall | State Assembly | 1850 | 43 | Resigned. |
James S. Gillan | Controller | 1861 | 44 | Term ended. |
Arthur H. Breed, Sr. | Lt. Governor | 1917 | 45 | Session ended. (3) |
William R. King | Vice President | 1863 | 45 | Died. |
Walter Van Dyke | State Assembly | 1853 | 46 | Lost election recount. |
Alfred Wheeler | State Assembly | 1850 | 47 | Term Ended. |
William Grove Deal | State Assembly | 1850 | 50 | Term Ended. |
J. J. McLaurin | State Assembly | 1897 | 52 | Lost election recount. |
J. B. McDonald | State Assembly | 1895 | 53 | Lost election recount. |
John H. Harper | State Senate | 1852 | 54 | Lost election recount. |
Edward F. Burton | Controller | 1857 | 55 | Custodial officeholder. (4) |
Thomas M. Storke | U.S. Senate | 1938 | 55 | Term ended. (5) |
Eli Wright | State Senate | 1905 | 57 | Expelled. |
James W. Mandeville | Controller | 1875 | 62 | Died. (4) |
Richard W. Heath | State Assembly | 1849 | 65 | Resigned. |
J. W. Van Benschoten | State Assembly | 1850 | 66 | Resigned. |
Charles H. Hempstead | Secretary of State | 1855 | 66 | Term ended. |
Frederick Woodworth | State Senate | 1857 | 66 | Term ended. |
Albert Hart | Secretary of State | 1894 | 67 | Term ended. |
Horace W. Carpentier | State Assembly | 1853 | 67 | Seat declared vacant. |
Charles A. Hughes | State Assembly | 1883 | 68 | Died. |
John W. Bones | State Senate | 1877 | 70 | Term ended. |
J. Clark Kelso | Insurance Comm. | 2000 | 71 | Low confirmed. (2) |
J. F. Stephens | State Assembly | 1849 | 79 | Resigned. |
C. V. R. Lee | State Assembly | 1853 | 81 | Resigned. |
Harry S. Truman | U.S. Vice President | 1945 | 82 | Became President. |
Steve Shea | Board of Equalization | 2009 | 83 | Horton confirmed. (2) |
Andrew J. Gallagher |
Board of Equalization | 1938-39 | 90 |
Term ended. |
Alexander Anderson | State Senate | 1852 | 90 | Resigned. |
John L. Harmer | Lt. Governor | 1974 | 94 | Term ended. |
Charles T. Meredith | Supt. of Pub. Inst. | 1898 | 100 | Term ended. |
Richard Alarcon | State Assembly | 2007 | 102 | Resigned |
Doris Allen | Assembly Speaker | 1995 | 102 | Recalled. |
Orrin Z. Hubbell | State Senate | 1903 | 103 | Died |
John C. Bell | State Assembly | 1860 | 104 | Died. |
Vanessa Delgado |
State Senate | 2018 | 110 | Term ended. |
A. A. H. Tuttle | Secretary of State | 1863 | 112 | Resigned. |
Brian Setencich | Assembly Speaker | 1995 | 113 | Successor elected. |
Oliver S. Witherby | State Assembly | 1849 | 117 | Resigned. |
Henry Stanley Benedict | U.S. Representative | 1917 | 117 | Term Ended. |
Michael J. Burns | State Senate | 1949 | 119 | Died. |
William M. Stewart |
Attorney General |
1854 | ~120 | Custodial officeholder. (4) |
William G. Wood | Supreme Court Clerk | 1907 | 122 | Term Ended. |
Henry P. Haun | U.S. Senate | 1860 | 123 | Term Ended. |
Leon E. Gray | State Assembly | 1919 | 133 | Resigned. |
Pierre Salinger | U.S. Senate | 1964 | 148 | Resigned. |
Jesse W. Carter | State Senate | 1939 | 155 | Term Ended. |
Harry I. Thornton | State Senate | 1861 | 164 | Resigned. |
Paul Peek | Assembly Speaker | 1939 | 170 | Session ended. |
George W. Wright | U.S. Representative | 1851 | 174 | Term Ended. |
Edward Gilbert | U.S. Representative | 1851 | 174 | Term Ended. |
John C. Fremont | U.S. Senate | 1851 | 175 | Term Ended. |
Jeff Marston | State Assembly | 1990 | 177 | Term ended. |
Domer F. Power | State Assembly | 1956 | 180 | Term Ended. (3) |
Clarence J. Tauzer | State Senate | 1948 | 188 | Died. |
Theodore Roosevelt | U.S. Vice President | 1901 | 194 | Became President. |
Chester A. Arthur | U.S. Vice President | 1881 | 199 | Became President. |
James A. Garfield | U.S. President | 1881 | 199 | Died. |
Mike Gordon | State Assembly | 2005 | 202 | Died. |
Walter J. Little | Assembly Speaker | 1995 | 202 | Session ended. |
Connie Conway | U.S. Representative | 2022 | 204 | Term Ended. |
Abrahm P. Williams | U.S. Senate | 1887 | 212 | Term Ended. |
Ivan C. Sperbeck | Board of Equalization | 1942 | 220 | Term Ended. |
E. J. C. Kewen |
Attorney General |
1850 | 231 |
Resigned |
William D. Stephens | Lt. Governor | 1916 | 236 | Became Governor. |
Mona F. Pasquil | Lt. Governor | 2009 | 236 | Maldonado confirmed. (2) |
Jesse W. Carter | State Senate | 1939 | 237 | Resigned. |
Gerald R. Ford | U.S. Vice President | 1973-74 | 246 | Became President. |
Washington Bartlett | Governor | 1887 | 248 | Resigned. |
Robert W. Waterman | Lt. Governor | 1887 | 248 | Became Governor. |
Phil D. Wilson | Board of Equalization | 1919 | 252 | Died. |
Clair Engle | State Senate | 1943 | 253 | Resigned. |
Will S. Green | Treasurer | 1898-99 | 256 |
Term ended. |
Thomas M. Eaton | U.S. Representative | 1939 | 257 | Died. |
Abel Maldonado | Lt. Governor | 2010 | 259 | Term Ended. (6) |
Laura Richardson | State Assembly | 2007 | 261 | Resigned. |
Thomas H. Hendricks | U.S. Vice President | 1886 | 266 | Died. |
Kevin McCarthy (of CA) | Speaker of the House | 2023 | 270 | Seat vacated. |
Howard Way | Senate Pres pro Tem | 1969 | 273 | Successor elected. |
Frederick F. Low | U.S. Representative | 1863 | 274 | Term Ended. |
Charles H. S. Williams | State Senate | 1859 | 277 | Resigned. |
H. P. Sullivan |
Secretary of State |
1970-71 | 277 |
Term ended. |
Romualdo Pacheco | Governor | 1875 | 285 | Term ended. |
Spencer G. Millard | Lt. Governor | 1895 | 287 | Died. |
Jack Schrade | Senate Pres pro Tem | 1970 | 294 | Term ended. |
Barbara Alby | Board of Equalization | 2010 | 297 | Resigned. |
Larry Stirling | State Senate | 1989 | 299 | Resigned. |
Walter Capps | U.S. Representative | 1997 | 299 | Died. |
Katie Hill | U.S. Representative | 2019 | 303 | Resigned. |
Andrew M. Wilson | Railroad Commission | 1907 | 315 | Resigned. |
A. W. Way | State Assembly | 1949 | 320 | Resigned. |
Tony Miller | Secretary of State | 1994 | 320 | Term ended. (2) |
James L. English |
Treasurer | 1857-58 | 326 | Term ended. |
Don Anderson | State Assembly | 1958 | 331 | Term ended. |
Curt Pringle | Assembly Speaker | 1995 | 332 | Term ended. |
Warren English | U.S. Representative | 1895 | 334 | Term ended. |
Orfa Jean Shontz | Board of Equalization | 1935 | 340 | Resigned. |
William B. C. Brown | Controller |
1876-77 | 343 |
Term ended. |
Joe Baca | State Senate | 1999 | 351 | Resigned. |
Isaac N. Quinn |
Lt. Governor |
1860-61 | 354 | Replaced as Senate President. |
Jimmie Hicks | State Assembly | 1961 | 362 | Died. |
John McDougall | Governor | 1851-52 | 364 | Term ended. |
David C. Broderick |
Lt. Governor |
1851-52 | 364 |
Term ended. |
John J. Benoit | State Senate | 2008-09 | 365 | Resigned. |
John Campbell | State Senate | 2004-05 | 366 | Resigned. |
Pablo De La Guerra |
Lt. Governor | 1861-62 | 369 |
Term ended. |
Laphonza Butler | U.S. Senator | 2023-24 | 401 |
Successor elected. (7) |
(1) Pitzer was sworn in when Assemblyman W. C. Martin was disqualified, but the disqualification was overturned three days later.
(2) This individual held this office in an acting capacity in accordance with Government Code section 1775.
(3) Breed actually served as Acting Lt. Governor on three occasions, for a total of 50 days in office.
(4) Similar to holding an office in an acting capacity, custodial officeholders were appointed to hold an office for a set duration while the incumbent was unable to perform their duties (for Stewart, until Attorney General McConnell returned to the state and for Burton, until the impeachment trial against Controller Whitman ended).
(5) The legislative body was not in session for the duration of the term after the election, so Storke never introduced bills or voted on any legislative matters.
(6) Maldonado actually served seven days past the end of his term after his successor, Gavin Newsom, delayed his inauguration as Lieutenant Governor.
(7) Currently serving. Appointed to the US Senate in October 2023 to fill the vacancy created by the death of Dianne Feinstein. Declined to seek reelection. Successor to be elected at November 2024 General Election. 401 days is from appointment to day after the General Election.