If a constitutional officer who has appointed successors as provided in this chapter becomes unavailable because of a disaster, the powers and duties of the officer’s office shall devolve upon one of the officer’s appointees in the order specified in making the appointments and that person shall declare that that person is undertaking the duties of the office and take and subscribe the oath therefor; provided, however, that an appointee so designated may declare that the appointee 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.

(Amended by Stats. 2021, Ch. 50, Sec. 117. (AB 378) Effective January 1, 2022.)

Terms Used In California Government Code 12702

  • 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. See California Government Code 12700
  • 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
  • Unavailable: means that any such officer is either killed, missing, or so seriously injured as to be unable to perform that officer's duties. See California Government Code 12700