According to the state Constitution, once the recall qualifies, the lieutenant governor calls for a replacement election, and "if appropriate," a vote to elect a successor. Some say that gives Lt. Gov. Cruz Bustamante wiggle room to decide that if Davis is ousted, a replacement vote is not appropriate and he could keep the job for himself.
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Recall organizers say such a move would be a serious abuse of power, and clearly violates the will of more than 1.6 million Californians who have signed the recall petition (search).
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Both sides agree it would be a bold move on Bustamante's part. But even if the lieutenant governor doesn't act, other Democrats could still turn the issue into a protracted courtroom battle, arguing that if Davis is recalled, by law, Bustamante should be governor.
Even Democratic analysts call it a risky move.
"Gray Davis' argument against the recall right now is that it's all a Republican plot to take over the state. Well, if the Democratic lieutenant governor announces that he's the successor, if the recall succeeds, then it can't be a Republican plot to take over the state," (political consultant Susan) Estrich said.