The Governator nominated Abel Maldonado, currently a Republican State Senator, for Lt. Governor in light of the former Lt. Governor, John Garmamendi, being elected to Congress this past November.
Maldonado was confirmed by the California Senate by a vote of 26-7 earlier today, there being 40 members of the state Senate. The vote in the California Assembly came down 37-35, with there being a total of 79 members of the Assembly. So was Maldonado confirmed or not?
The California constitution says
(b) 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 shall nominate a
person to fill the vacancy who shall take office upon confirmation by
a majority of the membership of the Senate and a majority of the
membership of the Assembly and who shall hold office for the balance
of the unexpired term. In the event the nominee is neither confirmed
nor refused confirmation by both the Senate and the Assembly within
90 days of the submission of the nomination, the nominee shall take
office as if he or she had been confirmed by a majority of the Senate
and Assembly; provided, that if such 90-day period ends during a
recess of the Legislature, the period shall be extended until the
sixth day following the day on which the Legislature reconvenes.
So on the one hand, a majority of the membership of the Assembly, not just a majority of those voting, is clearly necessary to be confirmed. So he was not confirmed.
But on the other hand, it is not clear that he was denied confirmation. Perhaps it takes a majority of the membership voting no to actually deny confirmation. If this interpretation is correct, then because Maldonado was neither confirmed nor denied confirmation he would assume the Lt. Governorship 90 days after his nomination date unless a future vote by the Assembly ended with a clear majority one way or another.
The case seems likely to end up in court. There is more discussion of the legal ins and outs here.
All this would be of little but academic interest (what does a Lt. Governor do, anyway?), except for the fact that if Maldanado is confirmed, his California Senate seat would become open, and subject to a special election. That would give the Democrats a very good shot at winning the seat. Trading the Lt. Governorship for a good shot at an additional Senate seat in a body with only 40 members seems like an incredibly good deal. Some Democrats seem the wisdom of this, but enough in the Assembly apparently do not, or don't care, and refused to vote to confirm him.
As is well known now, California requires 2/3rds legislative approval for its budget and for tax increases. The current Senate has 25 Democrats and 14 Republicans, with 1 vacancy. 27 Senators are required for a 2/3rd majority with a full Senate. Many people think there is a very good shot of a Democratic supermajority in the California Senate after the 2010 elections, but only if Democrats have a shot at Maldanado's seat.
You can read a live blog of the vote and various Assembly members' opinions as it unfolded in the Assembly today here at Calitics.