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HomeGovernment CodeDiv. 3Pt. 2Ch. 7§ 12704 Acting Constitutional Officer Duties

§ 12704 Acting Constitutional Officer Duties

Government Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 12704 Acting Constitutional Officer Duties

Key Takeaways

  • •If a big leader (like Lieutenant Governor) can't do their job, someone else steps in as 'Acting' and does the job for them.
  • •The 'Acting' person gets paid like the real leader and does the same work, but they don’t actually become the real leader.
  • •The 'Acting' person stops when the real leader comes back, someone else in line takes over, or a new leader is elected.

Example

The Lieutenant Governor gets very sick and can’t work for a few months.

Someone else becomes the 'Acting Lieutenant Governor' and does the job until the real one gets better or a new one is elected. They get paid the same but aren’t the *real* Lieutenant Governor.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 12704 Acting Constitutional Officer Duties

Any such person shall, while holding the office, be known as Acting Lieutenant 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. An acting constitutional officer shall continue to serve as such until the disabled officer resumes office, or a person prior in the order of succession declares that that person 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. (Amended by Stats. 2021, Ch. 50, Sec. 119. (AB 378) Effective January 1, 2022.)

Last verified: January 22, 2026

Key Terms

Acting Lieutenant GovernorActing Attorney GeneralActing Secretary of StateActing TreasurerActing Controllersuccession to the governorshipdisabled officerorder of succession

Related Statutes

  • § 12702 Disaster Succession For Officers
  • § 12700 Disaster Officer Unavailability Definition
  • § 12701 Disaster Succession Appointments
  • § 12703 Disaster Succession For State Officers
  • § 12960 Employment Discrimination Complaints

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Government Code. Section 12704.
View Official Source