Lieutenant Governor John Raymond Garamendi (Democratic), who was first elected in 2006, ran for and won the 3 November 2009 U.S. House CD 10 special election to fill the vacant seat of former Congressman and Undersecretary of State for Arms Control and International Security Ellen O. Tauscher (Democratic). Mr. Garamendi resigned as Lietenant Governor Thursday 5 November 2009.

On 23 November 2009, Governor Arnold Schwarzenegger nominated state Senator Abel Maldonado (Republican) as California's new Lieutenant Governor. The nomination requires confirmation by the state Legislature.

California Constitution, Article 5, Section 5 (b):

(b) Whenever there is a vacancy in the office of the ... Lieutenant Governor ..., the Governor shall nominate a person to fill the vacancy who shall take office upon confirmation by a majority of the membership of the Senate and a majority of the membership of the Assembly and who shall hold office for the balance of the unexpired term. In the event the nominee is neither confirmed nor refused confirmation ... within 90 days of the submission of the nomination, the nominee shall take office as if he or she had been confirmed by a majority of the Senate and Assembly; provided, that if such 90-day period ends during a recess of the Legislature, the period shall be extended until the sixth day following the day on which the Legislature reconvenes.

The relevant provision is Section 12058 of California's Government Code, as follows:

12058. In case of vacancy in the office of Governor and in the office of Lieutenant Governor, the last duly elected President pro Tempore of the Senate shall become Governor for the residue of the term; or if there be no President pro Tempore of the Senate, then the last duly elected Speaker of the Assembly shall become Governor for the residue of the term; or if there be none, then the Secretary of State; or if there be none, then the Attorney General; or if there be none, then the Treasurer; or if there be none, then the Controller; or if there be none, then the Superintendent of Public Instruction; or if there be none, then the Insurance Commissioner; or if there be none, then the Chair of the Board of Equalization; or if, as the result of a war or enemy-caused disaster, there be none, then such person designated as provided by law. In case of impeachment of the Governor or officer acting as Governor, his or her absence from the state, or his or her other temporary disability to discharge the powers and duties of office, then the powers and duties of the office of Governor devolve upon the same officer as in the case of vacancy in the office of Governor, but only until the disability shall cease.

On 11 February 2010, the state Senate confirmed Senator Abel Maldonado (Republican) with a 26-7 vote as Lieutenant Governor. He would serve the remaining 10 months of the term. The Assembly voted 37-35 to reject Senator Maldonado. Assembly Democrats claim that the law required Senator Maldonado to receive 41 votes (a majority of the 80 member body) to confirm. The Governor's office maintains that the law requires Senator Maldonado to be rejected by at least 41 votes for his confirmation to be denied. Hence, the confirmation is in dispute.

13 February 2010 update: Governor Arnold Schwarzenegger acknowledges that state Senator Abel Maldonado was not confirmed as Lieutenant Governor on 11 February and will resubmit the Senator's nomination to the state Legislature again.

Candidates run as non-partisan. If a candidate receives the majority of the vote (50% + 1) in the June primary, that candidate is elected. When no candidate receives a majority of the vote in the primary, the top two vote-getters participate in the November runoff election. (Section 4180)