3 Separate Legal Challenges Mounted to California's Recall Election Pr

[Judi Lynn]

Three Separate Legal Challenges Mounted to California's Recall Election Process
By David Kravets Associated Press Writer
Published: Jul 29, 2003




SAN FRANCISCO (AP) - As the clock ticks toward the state's first gubernatorial recall election, three separate lawsuits are challenging the way California plans to carry it out.
A hearing was set for Tuesday in a San Diego federal court regarding the way voters would choose a successor to Gov. Gray Davis.

The recall law demands voters choose "yes" or "no" on whether to recall Davis before becoming eligible to choose a successor listed on the same ballot.

The challenge by University of San Diego School of Law professor Shaun Martin and other legal scholars says the process unconstitutionally compels voters to choose on one matter to gain eligibility for another.

"A voter may have no desire to vote regarding whether to recall Gray Davis but nonetheless feel strongly - and wish to vote - about the identity of the new governor of the state of California," Martin said. (snip/...)

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[robbedvoter]

1. F* the recall, let's just vote another guy and let them fight over it

This may be the Bob Jones kind of professor (or some Camejo fan)

[umcwb]

2. Kick, n/t

[haymaker]

3. The current set-up is patently unfair.

According to polls (LA Times, recent), 51% to 49% favor a recall. Assuming this is true, and happens like that on election day, then 49% would have given a vote of confidence to Gray Davis, effectively voting FOR Gray Davis. But the winner would come from a group of many, and all the winner needs is a plurality. Let's say Issa the car theif gets the most votes, say 25%. That is still far less than the 49% who didn't want to replace Davis.

In summation, a small minority of voters can force the State of California to hold a recall election, then a minority of voters can decide the govenor.

How is that democratic?

These lawsuits have merit.

[David__77]

6. Quite undemocratic...

But I don't think we should unilaterally jump on the recall laws. In fact, if a rightwinger is somehow elected (which is doubtful) and the "NO" recall votes total more than this rightist's votes, I strongly believe that progressive and Democratic leaders must immediately initiate ANOTHER RECALL petition, so that another vote can coincide with the Novemver 2004 presidential election.

[papau]

4. Second legal suit is the most interesting. Lt Gov to Gov - no election

SAN FRANCISCO (AP) - As the clock ticks toward the state's first gubernatorial recall election, three separate lawsuits are challenging the way California plans to carry it out. Meanwhile, an adviser to actor Arnold Schwarzenegger said he is leaning against running.

A hearing was set for Tuesday in a San Diego federal court regarding the way voters would choose a successor to Gov. Gray Davis.
The recall law demands voters choose "yes" or "no" on whether to recall Davis before becoming eligible to choose a successor listed on the same ballot. The challenge by University of San Diego School of Law professor Shaun Martin and other legal scholars says the process unconstitutionally compels voters to choose on one matter to gain eligibility for another. "A voter may have no desire to vote regarding whether to recall Gray Davis but nonetheless feel strongly - and wish to vote - about the identity of the new governor of the state of California," Martin said. The California attorney general's office supports the requirement....Pending the outcome, legal experts expect confusion at the polls when Davis' fate is decided Oct. 7. <snip>

... two separate elections challenges were filed Monday with the California Supreme Court, which has yet to act on them. If one of the petitions, filed late Monday, is successful, the San Diego federal case may become moot. James Frankel, a retired attorney, is asking the justices to block potential names of successors from appearing on the ballot. He says the California Constitution demands Lt. Gov. Cruz Bustamante to serve the remainder of Davis' term if the recall is successful. <snip>

The third point of legal contention is whether two ballot initiatives, which are not related to the recall, should allowed on the Oct. 7 ballot.
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Associated Press writer Erica Werner in Los Angeles contributed to this report.

[realFedUp]

5. I vote for James Frankel

to win.

[aquart]

7. Me, too.

It would slit the throat of frivolous recalls forever.