Frequently Asked Questions about Resignations and Vacancies in California Offices

Frequently Asked Questions about Resignations and Vacancies in California Offices By Chris Micheli

            Where are laws found regarding resignations and vacancies in the California Legislature? Government Code Title 1, Division 4, Chapter 4 deals with resignations and vacancies.

What is the requirement for resignations? All resignations to be in writing.

Where is a gubernatorial resignation sent? A resignation by the Governor or Lt. Governor is made to the Legislature if it is session. If the Legislature is not in session, then the resignation is made to the Secretary of State.

            Where is a resignation by an officer commissioned by the Governor made? They are made to the Governor.

Where are resignations by Members of the Senate or Assembly made? These resignations are made to the presiding officers of their respective houses (i.e., Assembly Speaker or Senate President pro Tempore), who are required to immediately transmit the resignation to the Governor.

Where are resignations by officers of a county or special district not commissioned by the Governor made? They are made to the clerk of the board of supervisors of their respective counties.

            Where are resignations by officers of a superior court made? They are made to the presiding judge.

Where are resignations by officers of a municipal corporation made? They are made to the clerk of the legislative body of their corporation.

What happens when a resignation occurs with a Member of the Legislature? The Governor is then required to call a special election to fill the vacant Assembly or Senate seat.

            What happens when a resignation occurs with a legislative appointee? The Assembly Speaker or Senate Rules Committee Chair must immediately inform the Governor in writing whenever a resignation has been made to them from any board or commission having members appointed by the Speaker or Senate Rules Committee.

            What happens when a vacancy occurs in a general law city? For a general law city, when a vacancy occurs in the elected mayor position, then the city council may fill that vacancy by appointing a member of the council to the office of mayor.

            Does state law define when an office becomes vacant? Yes, Government Code Section 1770 provides that an office becomes vacant when any of the following occur before the expiration of the term:

·         The death of the incumbent

·         An adjudication proceeding declaring that the incumbent is physically or mentally incapacitated due to disease, illness, or accident, and that there is reasonable cause to believe that the incumbent will not be able to perform the duties of his or her office for the remainder of his or her term

·         His or her resignation

·         His or her removal from office

·         His or her ceasing to be an inhabitant of the state

·         His or her absence from the state without the permission required by law beyond the period allowed by law

·         His or her ceasing to discharge the duties of his or her office for the period of three consecutive months, except when prevented by sickness, or when absent from the state with the permission required by law

·         His or her conviction of a felony or of any offense involving a violation of his or her official duties

·         His or her refusal or neglect to file his or her required oath or bond within the time prescribed

·         The decision of a competent tribunal declaring void his or her election or appointment

·         The making of an order vacating his or her office or declaring the office vacant when the officer fails to furnish an additional or supplemental bond

·         His or her commitment to a hospital or sanitarium by a court of competent jurisdiction as a drug addict, dipsomaniac, inebriate, or stimulant addict

·         The incumbent is listed in the Excluded Parties List System [the list maintained and disseminated by the federal General Services Administration containing names of, and other information about, persons who are debarred, suspended, disqualified, or otherwise excluded from participating in a covered transaction, pursuant to federal law]

What happens when there is a vacancy in the U.S. House? When a vacancy occurs in the office of Representative to Congress, or in either house of the Legislature, the Governor must, within 14 calendar days after the occurrence of the vacancy, issue a writ of election to fill the vacancy.

What happens when there is a vacancy in a state constitutional office? Whenever there is a vacancy in the office of the Superintendent of Public Instruction, the Lieutenant Governor, Secretary of State, Controller, Treasurer, or Attorney General, or on the State Board of Equalization, the Governor is required to nominate a person to fill the vacancy.

How does an appointee to a state constitutional office take that office? That person takes office upon confirmation by a majority of the membership of the Senate and a majority of the membership of the Assembly and who then holds office for the balance of the unexpired term.

What happens if the nominee is neither confirmed nor refused confirmation by both houses? If it does not occur within 90 days of the submission of the nomination, the nominee takes office as if he or she had been confirmed by a majority of the Senate and Assembly.

Who hold a state constitutional office before the Governor’s nominee takes office? After a vacancy has occurred in a constitutional office, and prior to the time the vacancy is filled, the chief deputy to the constitutional officer discharges the duties of that office.