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.)

Terms Used In California Government Code 12062

  • 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. See California Government Code 12060
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See California Government Code 15
  • Person: includes any person, firm, association, organization, partnership, limited liability company, business trust, corporation, or company. See California Government Code 17