ARTICLE 6. Succession to the Office of Governor in the Event of War or Enemy-Caused Disaster [12060 - 12063]
( Heading of Article 6 renumbered from Article 5 by Stats. 1961, Ch. 84. )
As used in this article “disaster” means a war or enemy-caused calamity occurring in the State of California, such as an attack by nuclear weapons, as a result of which the incumbent Governor is either killed, missing, or so seriously injured as to be unable to perform the Governor’s duties.
(Amended by Stats. 2021, Ch. 50, Sec. 20. (AB 378) Effective January 1, 2022.)
As soon as practicable after the effective date of this article, and thereafter as soon as practicable after election and qualification to office, the Governor shall appoint and designate by filing with the Secretary of State the names of at least four and not more than seven citizens qualified to become candidates for the office to succeed, in the order specified, to the office of Governor in the event of disaster. Any such appointee may be replaced by the Governor at any time and for any reason.
In making appointments the Governor shall give consideration to places of residence and employment of the appointees and shall appoint from different parts of the State so that there shall be the greatest probability of survival in a disaster.
The names of the persons designated pursuant to this section shall be submitted to, and shall be subject to confirmation by, the Senate as soon as possible after that designation is made.
Each person appointed as provided in this section shall take the oath of office and shall deliver to the Secretary of State within 30 days after appointment a written declaration under oath that the appointee accepts the appointment and that the appointee will faithfully perform the obligations imposed upon the appointee thereby and shall thereupon be designated Disaster Acting Governor.
(Amended by Stats. 2021, Ch. 50, Sec. 21. (AB 378) Effective January 1, 2022.)
In the event that the office of Governor is not filled within 24 hours after disaster as provided in Section 21 of Article IV of the Constitution, one of the Disaster Acting Governors, in the order specified, shall fill said office and shall declare that the Disaster Acting Governor is undertaking the duties thereof and take and subscribe the oath therefor and continue to serve therein until the incumbent Governor is able to perform the Governor’s duties or until the incumbent’s successor is chosen and qualifies or until a person prior in the order of succession declares that the person is undertaking the office and takes the oath therefor. A Disaster Acting Governor may declare that the Disaster Acting Governor is undertaking the office of Governor and take the prescribed oath if no person prior in the order
of succession fills said office within 24 hours after disaster.
(Amended by Stats. 2021, Ch. 50, Sec. 22. (AB 378) Effective January 1, 2022.)
Each Disaster Acting Governor shall, while filling the office of Governor, have the powers, perform all the duties, and receive the salary and perquisites of said office.
(Added by renumbering Section 12053 by Stats. 1961, Ch. 84.)