The state Assembly failed today to approve Sen. Abel Maldonado for the vacant lieutenant governor post, setting the stage for a possible legal fight over his confirmation.
After being confirmed by the Senate this morning, Maldonado ultimately fell four votes short of 41-vote majority needed in theAssembly, where the final tally was 37-35. A rejection leaves Maldonado in his Senate seat, with Gov. Arnold Schwarzenegger perhaps looking for a new nominee. Maldonado has said he will run for the office this year no matter what.
But the governor's office challenged the assertion that the Assembly vote counts as a rejection under the state constitution and said that based on the votes taken today, Maldonado would be sworn in to fill the post vacated by DemocratJohn Garamendi's election last fall to Congress.Schwarzenegger tapped Maldonado for the post in November, starting a 90-day clock for lawmakers to approve or reject the nomination. The nominee also takes office if he is "neither confirmed nor refused confirmation by both houses" within that period, according to the state constitution.