Opinion No. (2003)

BILL LOCKYER Attorney General PETER SIGGINS Chief Deputy Attorney General GREGORY L. GONOT Deputy Attorney General THE HONORABLE DON PERATA, MAJORITY LEADER OF THE STATE SENATE, has requested an opinion on the following question: In determining whether the remainder of an unexpired senatorial term to which a person has been elected is less than half of the full term (Cal. Const., art. XX , § 7 ), is the remaining portion of the term measured from the time the person is elected at a special election that is consolidated with a general election during a legislative recess or from the time the person takes the oath of office? CONCLUSION In determining whether the remainder of an unexpired senatorial term to which a person has been elected is less than half of the full term (Cal. Const., art. XX , § 7 ), the remaining portion of the term is measured from the time the person takes the oath of office upon the convening of a new Legislature when the special election is consolidated with a general election that takes place during a legislative recess. ANALYSIS Subdivision (a) of section 2 of article IV of the Constitution 1 provides: "The Senate has a membership of 40 Senators…