SECTIONS 12700-12704 - California Statutes

GOVERNMENT CODE

SECTION 12700-12704

12700. As used in this chapter "disaster" means a war or
enemy-caused calamity, such as an attack by nuclear weapons, which
renders unavailable the Lieutenant Governor, or the Attorney General,
or the Secretary of State, or the Treasurer, or the Controller.
"Unavailable" means that any such officer is either killed, missing
or so seriously injured as to be unable to perform his duties.

12701. As soon as practicable after the effective date of this
chapter, and thereafter as soon as practicable after his election and
qualification to office, each of the constitutional officers named
in Section 12700 shall appoint and designate by filing with the
Secretary of State the names of at least three and not more than
seven citizens qualified to become candidates to the office as their
respective successors in the event that such officer is unavailable
as a result of disaster. Any such appointee may be replaced by the
appointing officer at any time and for any reason. The appointees of
the Attorney General may include persons holding the Office of
Assistant Attorney General. The appointees of the Controller,
Secretary of State, and Treasurer may include persons holding office
as their deputies or assistants.
In making appointments each constitutional officer shall give
consideration to the places of residence and employment of his
appointees and shall appoint from different parts of the State so
that for each office for which appointments are made there shall be
the greatest probability of survival in the event of a disaster of
some or all of the appointees.
The names of the persons designated pursuant to this section shall
be submitted to, and be subject to confirmation by, the Senate as
soon as possible after such 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 his appointment a written declaration under oath that he
accepts the appointment and that he will faithfully perform the
obligations imposed upon him thereby.

12702. If any constitutional officer who has appointed successors
as provided in this chapter becomes unavailable because of a
disaster, the powers and duties of his office shall devolve upon one
of his appointees in the order which he specified in making the
appointments and such person shall declare that he is undertaking the
duties of the office and take and subscribe the oath therefor;
provided, however, that any appointee so designated may declare that
he is undertaking the office and take the prescribed oath if no
person prior in such order of succession enters upon the office
within seven days after the incumbent thereof becomes unavailable.

12703. The Attorney General, Secretary of State, Treasurer and
Controller shall, in addition to the appointments required to be made
by Section 12701, designate the order in which persons holding
office as their deputies or assistants, and not appointed under
Section 12701, shall serve as their respective successors in the
event that such officer and the successors appointed by him under
Section 12701 are unavailable as a result of disaster. If any such
officer and the successors appointed by him under Section 12701 are
unavailable as a result of disaster, the powers and duties of his
office shall devolve upon one of such deputies or assistants in the
order designated and such person shall declare that he is undertaking
the duties of the office and take and subscribe the oath therefor;
provided, however, that any such deputy or assistant may declare that
he is undertaking the office and take the prescribed oath if none
prior in order of succession enters upon the office within seven days
after the incumbent thereof becomes unavailable.

12704. Any such person shall, while holding the office, be known as
Acting Lieutanant Governor, Acting Attorney General, Acting
Secretary of State, Acting Treasurer, and Acting Controller, as the
case may be, and shall perform the duties of the office and receive
the salary and perquisites thereof while so serving, but shall not be
deemed to hold that office within the meaning of Section 21 of
Article IV of the Constitution relating to succession to the
governorship. Each such acting constitutional officer shall continue
to serve as such until the disabled officer resumes his office, or a
person prior in the order of succession declares that he is
undertaking the office and takes the oath therefor, or until the
office is filled at the next election that is held for that office
and a person is elected and qualifies for the particular
constitutional office.