California’s newly elected lawmakers are sworn in Monday before the “official” election counts are final. That’s typical; but this year some races are still very close. So what could happen if the final vote count determines a different winner?

It's rare that a sworn-in lawmaker would be unseated.

But back in 1980, that's exactly what happened.

Then Republican Assembly member Adrien Fondse was unseated after a recount determined that Stockton-area Democrat Patrick Johnston won the election.

Johnston took the issue to court, won, and ultimately the Democratic-controlled Assembly voted him into office.

"It's political theater to some degree."

That's Patrick Johnston.

"The seating of members of the legislature is based on what the vote count is, not on who has the power"

Johnston added that it's extraordinarily rare for a recount to change the outcome of a race. But.. you never know.