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Schwarzenegger, lawmakers clash over California lieutenant governor

SACRAMENTO, Calif. -- The California Assembly on Thursday rejected Gov. Arnold Schwarzenegger's pick for lieutenant governor, setting up a potential legal showdown after the governor said he would attempt to seat his nominee despite the vote.

CATHY BUSSEWITZ | Sacramento Bee | Published: 02/12/2010 09:54

The 37-35 vote in the Assembly, four shy of the simple majority needed, followed a relatively quick vote in the Senate to approve the nomination of Republican state Sen. Abel Maldonado of Santa Maria.

Confusion over Maldonado's ultimate fate followed the Assembly's action.

The governor's office said it believes Maldonado's nomination would fail only if a majority of the Assembly - or 41 lawmakers - voted to reject it.

The Assembly speaker's office issued a different opinion that said he could not take office. It cited a 1988 opinion from the Legislative Council's Office saying nominees need at least 40 affirmative votes in the Assembly.

Schwarzenegger's legal secretary, Andrea Lynn Hoch, issued a statement after the Assembly vote saying, in part, that Thursday's action does not legally constitute a "refusal" to confirm.

"Based on the Assembly vote, Senator Maldonado will be sworn in as Lieutenant Governor," her statement said.

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