Docket No. S004740.

45 Cal.3d 727 (1988)

755 P.2d 299

248 Cal. Rptr. 115

DANIEL E. LUNGREN et al., Petitioners, v. GEORGE DEUKMEJIAN, as Governor, etc., et al., Respondents; DAVID ROBERTI, as President Pro Tem., etc., et al., Real Parties in Interest; JOHN K. VAN DE KAMP, as Attorney General, etc., Intervener.

Supreme Court of California.

June 23, 1988.

Attorney(s) appearing for the Case


Nielsen, Merksamer, Hodgson, Parrinello & Mueller, James R. Parrinello, John E. Mueller, Marguerite M. Leoni, Louise J. Rosen-Garcia, Jewell J. Hargleroad and Calvin R. Massey for Petitioners.

Vance W. Raye and Kirk S. Louie for Respondent George Deukmejian.

John K. Van de Kamp, Attorney General, Richard D. Martland, Chief Assistant Attorney General, N. Eugene Hill, Assistant Attorney General, Paul H. Dobson, Geoffrey L. Graybill, Floyd Shimomura and Shelley Mydans, Deputy Attorneys General, for Respondents (other than Deukmejian), and for Intervener.

Joseph Remcho, Robin B. Johansen, Lowell Finley, Julie M. Randolph, Remcho, Johansen & Purcell and Charles C. Marson for Real Parties in Interest.

Donald K. Tamaki, Minami, Lew & Tamaki, Robert L. Rusky and Hanson, Bridgett, Marcus, Vlahos & Rudy as Amici Curiae on behalf of Real Parties in Interest and Intervener.



We are called on in this case to construe the provisions of article V, section 5, subdivision (b), of the California Constitution (hereafter section 5(b)), which sets forth the requirements for confirmation by the Legislature of the Governor's nominee to fill a vacancy in the office of Treasurer and other constitutional offices. Specifically, we shall decide whether under that provision a nominee may be viewed as...

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