A Reminder about Acting Governors in California

A Reminder about Acting Governors in California By Chris Micheli

With Governor Gavin Newsom in New York City this week to attend Climate Week activities, this is a short explanation of why he cannot act on the bills pending final action on his Desk, but why, in theory, Lt. Governor Eleni Kounalakis could.

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. It is this second basis that creates the Acting Governor title most often. Each time the Governor cross state lines out of California, whether for a few hours or days, Governor Newsom temporarily loses power.

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.” The Legislature completed this task by adding a section to the Government Code specifying this order of who fills the role of Acting Governor.

First in line after the Lt. Governor is the Senate President pro Tempore, who is Senator Mike McGuire. Former Senator Toni Atkins was Acting Governor a few years ago and she 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, while he is outside the geographic boundaries of the State of California, Governor Newsom does not have power to act on bills. But do not worry, he will finish getting through the more than 750 bills pending on his Desk by the October 13 deadline. In fact, Governor Newsom has twice finished bill actions a day or more prior to his deadline.

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