Court refuses to block recall

[jamesinca]

State Supreme Court refuses to block Davis recall election
3 more challenges filed, but few expect vote to be derailed

Mark Simon, Chronicle Political Writer Saturday, July 26, 2003


The California Supreme Court refused Friday to stop the recall election of Gov. Gray Davis, a decision both sides said signals that legal disputes will take a backseat to the sprint toward the Oct. 7 vote.

The court, by a 5-0 vote, with two justices out of the state, declined to consider a restraining order sought by backers of the governor, who argued that the election should be delayed until a court can rule on a challenge to the legal status of some recall petition circulators. That issue still is scheduled to be decided by a Los Angeles court on Aug. 8.

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On Wednesday, the first recall of a governor in the state's history was certified for the ballot and on Thursday, an election was called for Oct. 7.

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One in federal court challenges the ruling by Shelley that voters can cast ballots for governor only if they've voted on the recall election.

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SAN DIEGO SUIT
Another suit in a San Diego state court asserts that it is illegal to require independent candidates to meet a higher standard to qualify for the replacement ballot. Candidates with a party affiliation must pay $3,500 and obtain 65 signatures from registered voters. Independent candidates face a much higher number of signatures -- a requirement put in place because independents would not have to run in a primary election.

A third challenge was filed this week with the Commission on the Governorship asking for a Supreme Court ruling that only Lt. Gov. Cruz Bustamante is constitutionally empowered to assume the governorship, should Davis be ousted.

The challenge, in the form of a legal petition, was filed by two Peninsula residents, both attorneys.

"California is not a banana republic. The purpose of the recall is to remove the unsatisfactory official, not to redo the gubernatorial elections every six months," said Rafferty, one of the people who filed the petition with state Sen. John Burton, D-San Francisco, who chairs the commission.

[nothingshocksmeanymore]

1. link?

[jamesinca]

3. OOPPS I did miss the link

Here it is

hhtp://www.sfgate.com/cgi-bin/article.cgi?file=/chronicle/archive/2003/07/26/MN261380.DTL

[0rganism]

2. I pretty much agree with that last challenge

It's absolutely ridiculous to have the recall and the election on the same ballot, for one thing. That means, in this election, Davis has to get 51% of the vote on the recall issue to stay in office but a potential successor could win the office with a mere plurality. Seems like a potential violation of equal protections, at the very least. Plus, the results of the first issue could invalidate those of the second -- another peculiarity. What if Ahnold gets 60% in the election, but Davis gets the 51% needed to stay in office?

This recall is a legal nightmare, among other things.