California Gov. Schwarzenegger Vows to Fight for Lieutenant Governor Nominee

The governor said he would withdraw and resubmit Maldonado's nomination "to avoid wasting time and energy on litigation that should be spent passing a jobs package that will get Californians back to work."

The maneuver resets the 90-day clock for lawmakers to approve or reject Maldonado, a moderate Republican from Santa Maria who was approved by the state Senate. In the Assembly on Thursday, he received only 37 votes for his confirmation and 35 against it, rather than a 41-vote majority either way.

That led to a war of words between the governor's office and the Assembly over whether or not Maldonado had been rejected. The administration contended that a majority of the Assembly's 80 members would have to vote against Maldonado for his nomination to be dismissed. The state Constitution says the nominee takes office if he is "neither confirmed nor refused confirmation."

Assembly Speaker-elect John Pérez (D-Los Angeles) maintained that, as in other legislative action, the failure to secure 41 votes needed for passage was a rejection. Assembly Democrats said they would refuse to recognize Maldonado as lieutenant governor.