(b) Whenever there is a vacancy in the office of the
Superintendent of Public Instruction, the Lieutenant Governor,
Secretary of State, Controller, Treasurer, or Attorney General, or on
the State Board of Equalization, the Governor shall nominate a
person to fill the vacancy who shall take office upon confirmation by
a majority of the membership of the Senate and a majority of the
membership of the Assembly and who shall hold office for the balance
of the unexpired term. In the event the nominee is neither confirmed
nor refused confirmation by both the Senate and the Assembly within
90 days of the submission of the nomination, the nominee shall take
office as if he or she had been confirmed by a majority of the Senate
and Assembly; provided, that if such 90-day period ends during a
recess of the Legislature, the period shall be extended until the
sixth day following the day on which the Legislature reconvenes.
Structure California constitution