Commission on California governorship and order of precedence

First, have you heard of the Commission on the Governorship? In the California Constitution, Section 10, there are provisions related to what happens when a vacancy occurs in the office of the Governor. This includes the “order of precedence” for succession to the office of the Governor. Additionally, Section 10 specifies that:

• The Supreme Court has exclusive jurisdiction to determine all questions arising under this section; and
• Standing to raise questions of vacancy or temporary disability is vested exclusively in a body provided by statute.

We turn, then, to Government Code Title 2 (Government of the State of California), Division 3 (Executive Department), Part 2 (Constitutional Officers), Chapter 1 (Governor), Article 7 (Commission on the Governorship). Article 7, which contains Sections 12070 – 12076, was added in 1966.

Government Code Section 12070 provides that there is in state government a Commission on the Governorship, which consists of the President pro Tempore of the Senate, the Speaker of the Assembly, the President of the University of California, the Chancellor of the California State Colleges, and the Director of Finance. Section 12071 grants the Commission exclusive authority to petition the Supreme Court to determine any questions that arise relating to vacancies in and succession to the office of Governor.

Section 12073 similarly grants the Commission exclusive authority to petition the Supreme Court to decide any questions relating to the termination of the temporary disability of the Governor. Section 12074 provides that the President pro Tempore of the Senate is the chair of the Commission and the Speaker of the Assembly is the vice chair. In addition, the Commission is required to meet at the times and places designated by the chair, and, in the chair’s absence, the times and places designated by the vice chair.

Section 12075 provides that the Commission may file a petition to the Supreme Court only if a majority of the members of the Commission vote to take such action. Section 12076 specifies that the Commission has the power of a head of a department to make investigations to determine whether or not a petition should be filed. And, every state agency is required, on request of the Commission, make available to the Commission the facilities and personnel of the agency to enable the Commission to perform its functions.

Second, have you heard of the Order of Precedence? In California’s Constitution, Article V, Section 10, the Lieutenant Governor becomes Governor when a vacancy occurs in the office of the Governor. In addition, the Lt. Governor acts as the Governor in these specified instances:

• Impeachment
• Absence from the State
• Other temporary disability of the Governor

Section 10 also requires the Legislature to provide an “order of precedence” after the Lt. Governor for succession to the office of the Governor and for temporarily exercising the Governor’s functions. The Legislature completed that task in 1966 in Government Code Title 2 (Government of the State of California), Division 3 (Executive Department), Part 2 (Constitutional Officers), Chapter 1 (Governor), Article 5.5 (Succession to the Office of the Governor).

Article 5.5 contains Section 12058 – 12059. Government Code Section 12058 provides the following succession to the office of the Governor when there is a vacancy in both the Governor’s office and the Lieutenant Governor’s office:

• The last duly elected President pro Tempore of the Senate shall become Governor for the residue of the term; or if there be no President pro Tempore of the Senate
• The last duly elected Speaker of the Assembly; or if there be none
• The Secretary of State; or if there be none
• The Attorney General; or if there be none
• The Treasurer; or if there be none
• The Controller; or if there be none
• The Superintendent of Public Instruction; or if there be none
• The Insurance Commissioner; or if there be none
• The Chair of the Board of Equalization

This is the same order of precedence in case of impeachment of the Governor, his or her absence from the state, or his or her other temporary disability. Section 12059 sets forth the order of precedence for those cases in which there is a death, disability, or other failure to take office for those who were elected, but who have not yet been sworn into office.