Why Is Senator Atkins the Acting Governor?

Why Is Senator Atkins the Acting Governor? By Chris Micheli

On July 6, 2023, State Senator Toni Atkins, who serves as the President pro Tempore of the Senate, signed legislation. How is that allowed? And why is the Acting Governor?

Article V, Section 10 of the California Constitution provides that the Lieutenant Governor becomes “Acting Governor” during impeachment, absence from the state, or other temporary disability of the Governor. In addition, Section 10 states, “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.”

First in line after the Lt. Governor is the Senate President pro Tempore, who is Senator Atkins. Because neither the Governor nor the Lt. Governor were in the state on July 6, Senator Atkins was the Acting Governor and had all the same power as Governor Newsom does when he is in this state, including the power to sign or veto legislation.

Government Code Title 2, Division 3, Part 2, Chapter 1, Article 5.5 deals with Succession to the Office of Governor. Gov’t Code Section 12058 provides the line of succession when there is a vacancy, impeachment, or temporary disability of the Governor, or when a state constitutional officer is acting as the Governor. In other words, this must be a case of both the Governor and Lt. Governor having a temporary disability or being absent from the state.

In such a case, “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.” As a result, once either the Governor or the Lt. Governor returns to the state, then he (Gov. Newsom) is Governor or she (Lt. Governor Kounalakis) is Acting Governor.

The following is the line of succession:

President pro Tempore of the Senate

Speaker of the Assembly

Secretary of State

Attorney General

Treasurer

Controller

Superintendent of Public Instruction

Insurance Commissioner

Chair of the Board of Equalization

 

            As a result, Senator Atkins, when serving as Acting Governor, has all the power and duties that Governor Newsom does, even though she is a member of the legislative branch of government.

 

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