Voters rather than a gubernatorial appointment will replace U.S. Rep. Tom Lantos, D-San Mateo, who died Monday morning, but when the special election to finish out his term hinges upon when the governor formally asks for it.

If Gov. Arnold Schwarzenegger calls a special election by today, the law allows it to be consolidated with the June primary. A primary for that election would be April 8.

The April election would be an open primary, meaning a majority vote-getter wins the race. If nobody wins more than 50 percent of votes, the top finishers moves to the general election in June.

If the governor acts after Tuesday, election law requires it no less than 112 and no more than 126 days following the proclamation, said San Mateo County Elections Manager David Tom.

In either case, California law requires Schwarzenegger to act within 14 days.

If Lantos had died on or after March 8, Schwarzenegger would have the discretion to either appoint a replacement to fill his term or call a special election.

Once a candidate wins, he or she can be sworn into office as soon as the votes are certified, said Nicole Winger, spokeswoman for Secretary of State Deborah Bowen.

As of Monday, Schwarzenegger issued a statement mourning the loss of Lantos but did not address his next steps.

The proclamation triggers the election calendar, including the filing period and other important dates, Winger said.

Former state Sen. Jackie Speier, 57, confirmed her plan to seek Lantos’ seat prior to his announced cancer battle and retirement. Lantos gave Speier his endorsement after he said he would not seek re-election.

Republican Mike Moloney and Libertarian Kevin Dempsey Peterson have pulled nomination papers in San Mateo County for the 12th District seat.

Democrat Jason Lee Jones, a 30-year-old San Francisco State University student, also announced his intention to run.

A special election will cost between $500,000 to $750,0000, Tom said.

The state is expected to pay for such an election but the real question, Tom said, is how quickly it will reimburse San Mateo and San Francisco counties.

The last such local election in Tom’s memory was the recall which ousted former Gov. Gray Davis and replaced him with Schwarzenegger.

The state last held a special election to replace a mid-term Congressmember in the 27th district of Southern California.

The special election, however, is not the end of filling Lantos’ position. His two-year term expires at the end of this year. Candidates wishing to hold his office past 2008 must run in the June primary with party winners facing off in the November general election.

As for Lantos’ positions in Congress, Washington newspapers and pundits are theorizing his position as chair of the Foreign Affairs Committee will go to Democrat Howard Berman of California.

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102.