[mvpel]

The problem here is that Bus-boy has a decent case for his proposition. The Constitution states in Article 5, Section 10:

The Lieutenant Governor shall become Governor when a vacancy occurs in the office of Governor.

In legalese, "shall" is mandatory language, as opposed to "may." Section 5 states "unless the law otherwise provides," the governor can appoint a replacement for an office until a successor qualifies, and Section 10 is the "otherwise provides" for the governor's office.

And also, Section 5 spells out the replacement details for state-level offices like the Lieutenant Governor, Secretary of State, Controller, Treasurer, or Attorney General - even those are elected offices the replacement procedure is that the governor appoints and the legislature confirms within 90 days. So, we may wind up with Governor Bus-boy.

[Carry_Okie]

A recall is not a simple vacancy, which is why the State Constitution makes provision for election of a successor.

IMO, this is quite simply the slimy move it appears at first to be. It would be interesting to research what was on the ballot in prior recall elections where there was a Section 5 process for usual vacancies.

If I am faced with the question of recalling Davis and getting Bustamante or keeping him as a wounded king, it would probably be the latter.

[taxcontrol]

I would submit to you that Davis is in charge until the election. If there are not enough votes to recall, he remains in charge. If there are enough votes and a sucessor is elected, the Lt Gov is in charge until the new Gov takes office.