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California State Capitol (Photo: Kevin Sanders for California Globe).

Why Is Senator Atkins the Acting Governor?

Senator Atkins, when serving as Acting Governor, has all the power and duties that Governor Newsom does

By Chris Micheli, July 6, 2023 2:04 pm

On July 6, 2023, State Senator Toni Atkins, who serves as the President pro Tempore of the Senate, signed legislation. How is that allowed? And why is she the Acting Governor?

Article V, Section 10 of the California Constitution provides that the Lieutenant Governor becomes “Acting Governor” during impeachment, absence from the state, or other temporary disability of the Governor. In addition, Section 10 states, “The Legislature shall provide an order of precedence after the Lieutenant Governor for succession to the office of Governor and for the temporary exercise of the Governor’s functions.”

First in line after the Lt. Governor is the Senate President pro Tempore, who is Senator Atkins. Because neither the Governor nor the Lt. Governor were in the state on July 6, Senator Atkins was the Acting Governor and had all the same power as Governor Newsom does when he is in this state, including the power to sign or veto legislation.

Government Code Title 2, Division 3, Part 2, Chapter 1, Article 5.5 deals with Succession to the Office of Governor. Gov’t Code Section 12058 provides the line of succession when there is a vacancy, impeachment, or temporary disability of the Governor, or when a state constitutional officer is acting as the Governor. In other words, this must be a case of both the Governor and Lt. Governor having a temporary disability or being absent from the state.

In such a case, “then the powers and duties of the office of Governor devolve upon the same officer as in the case of vacancy in the office of Governor, but only until the disability shall cease.” As a result, once either the Governor or the Lt. Governor returns to the state, then he (Gov. Newsom) is Governor or she (Lt. Governor Kounalakis) is Acting Governor.

The following is the line of succession:

President pro Tempore of the Senate

Speaker of the Assembly

Secretary of State

Attorney General

Treasurer

Controller

Superintendent of Public Instruction

Insurance Commissioner

Chair of the Board of Equalization

As a result, Senator Atkins, when serving as Acting Governor, has all the power and duties that Governor Newsom does, even though she is a member of the legislative branch of government.

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5 thoughts on “Why Is Senator Atkins the Acting Governor?

  1. So Democrat State Senator Toni Atkins is filling in for Governor Newsom and Lt. Governor Kounalakis who are out of the state? Where are they? Maybe they were attending the World Economic Forum’s Annual Meeting in Tianjin, China, June 27-29 to discuss the latest ideas for promoting the oppression and destruction of humanity? The three-day event attended by over 1,550 participants, hailed by some as “Summer Davos,” started out with roaring applause for Dr. Evil himself, Klaus Schwab.

  2. Pursuant to the subject article you should consider the alleged possibility Governor Newsom is being or has been charged/indicted for criminal conduct pursuant to a criminal conspiracy involving the CAl bar. Networking attorneys in California are aware of the CAl bar’s involvement in the most heinous of criminal conspiracies: The subject matter may also involve the Lieutenant Governor. The amount of taxpayers money required to fund the subject conspiracy astronomical and thus required numerous authorizations for the allocating of large sums of money. The significant amount of money committed suggested the required authorizations penetrated many tiers of signature authority.

    Has the governor surrendered his authority to preclude the future nullification of any actions that may that prohibit him from acting in the full and unrestricted capacity of the Governor of California.?

    1. What’s this? Are you talking about the CA State Bar? More, please, if you’re able to tell?

      1. Yes, the Cal bar: The agency that licenses and regulates attorneys in and for the state of California and functions under the auspices and supervision of the California Supreme Court.

        I’m pondering the best method for us to communicate directly. The Cali Globe has my email address and I hereby grant the Cali Globe the permission to provide you my email address.

        This matter invalidated the justice system of California and the states credibility; this matter must be learned of by all.

        Any ideas of how to communicate directly?

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