Federal judge strikes down portion of state's recall law

[NewYorkerfromMass]

"A judge struck down a portion of the state's recall law as unconstitutional Tuesday, saying voters will be allowed to cast a ballot for a potential successor to Gov. Gray Davis even if they don't vote on whether he should be recalled.

The decision does not stop plans to hold a recall election Oct. 7, but will change the way ballots are counted...."

http://www.signonsandiego.com/news/politics/recall/20030729-1233-ca-recall-court.html

Doesn't change much but the more I learn about this SNAFU the more FU'd it appears to be.

[NewYorkerfromMass]

1. "The judge thought... every citizen (should) have their vote count"

"The judge thought it was the right of every citizen in the state to have their vote count and he acted accordingly."

Yeah, I remember hearing THAT before. Too bad Scalia had other ideas.

[hotphlash]

2. I don't get it...

Why would you NOT vote for or against the recall and then choose a successor?

[Kitsune]

3. because

if the recall passes(even if you voted against it), you still got a chance to vote for the next governor of California.

[NewYorkerfromMass]

4. Good answer!

better than reading through these 2 threads! :)

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=104&topic_id=80087&mesg_id=80087&page=

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=104&topic_id=98375&mesg_id=98375&page=

[TahitiNut]

7. RIF!

If you'd bothered to read that first thread you cited, you may have discovered the "Good answer"<sic> was based on a falsehood.

There was NEVER any requirement that a voter cast a 'yes' vote on recall inorder to vote for a successor. That rumor REEKS of reichwing disinformation designed to snare some deluded fools (lazy readers?) into voting 'yes' on the recall.

So, it wasn't a "good answer" at all.

[mumon]

13. Abstension is a valid vote choice.

Yeah, some folks just don't care whether Gray Davis survives or not, but if he doesn't want to pick a successor.

[NewYorkerfromMass]

14. Yes. so you now have 3 choices on the first Q

to amend my above comments, and despite Tahiti's hair splitting. :P

[snippy]

19. That rumor does sound like classic reich wing disinformation.

Reminiscent of the flyers distributed in 2002 in large cities saying that you were ineligible to vote if you were behind on your rent, child support, utility bills, had unpaid parking tickets etc. The reich wing has a very well organized and financed operation to depress democratic turnout.

[TahitiNut]

6. Wrong.

There was NEVER any provision that would prevent someone to vote for a successor if they voted against recall. That *rumor* smells mightily like reichwing disinformation!

The Election Code did, however, require that SOME vote (yes or noo) be cast on the recall question in order to vote for a successor. That's what the court struck down.

RIF! {sheesh!}

[Kitsune]

10. oops

I stand corrected XD Thank you ^_^

[JustinCredible]

8. so you can

choose the least of many weeevils. :)

[qb]

9. Or a write-in?

Does anyone know if write-ins are allowed, or do you have to pick the least repugnant puke?

[TahitiNut]

21. Anybody know what the boll numbers are?

:silly:

[displacedtexan]

5. YEA!

it was even worth 4 pop-up ads to get to the article!

[Terwilliger]

11. ok....how does that help?

So you can now vote replacement candidate even though you don't vote on the recall? Well, the whole point is, if Davis stays and Dems dont offer another candidate...Pukes win. Now, they'll win even better, because if you tell folks not to vote on the recall but to vote for a replacement, then there'll be a nearly %100 agreement on the recall.

[sandlapper]

12. The Federal Judge had really questionable jurisdiction!

The issues are California Constitutional and Statutory issues. In view of the fact that the California Supreme Court hasn't ruled there is no "Final Judgement" on which to base a Federal Appeal.

The issues:

CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 15. (a) An election to determine whether to recall an officer
and, if appropriate, to elect a successor shall be called by the
Governor and held not less than 60 days nor more than 80 days from
the date of certification of sufficient signatures.
(b) A recall election may be conducted within 180 days from the
date of certification of sufficient signatures in order that the
election may be consolidated with the next regularly scheduled
election occurring wholly or partially within the same jurisdiction
in which the recall election is held, if the number of voters
eligible to vote at that next regularly scheduled election equal at
least 50 percent of all the voters eligible to vote at the recall
election.

(c) If the majority vote on the question is to recall, the officer
is removed and, if there is a candidate, the candidate who receives
a plurality is the successor. The officer may not be a candidate,
nor shall there be any candidacy for an office filled pursuant to
subdivision (d) of Section 16 of Article VI.


California Statutes:
ELECTIONS CODE
SECTION 11381-11386

11382. No vote cast in the recall election shall be counted for any
candidate unless the voter also voted for or against the recall of
the officer sought to be recalled.


The Statutory language appears to define a valid ballot. It has nothing to do with denying anyone an opportunity to vote. It simply says you need to vote in every relevant issue. This is like a juror wanting to vote on the damage awards but not the verdict!

[davidinalameda]

15. bad decision

don't aske me for specifics but I don't like it

[Walt Starr]

16. I see it as good

Too many were getting the impression you had to vote Yes on the quesiton of recall in order to vote for a successor. This plays out slightly in Davis's favor.

[slackmaster]

17. I agree with your analysis, Walt

There are enough bonehead voters out there who can't understand simple instructions that this decision may work slightly in Davis' favor.

[hang a left]

18. yes it is good

so if you don't want Davis recalled, you can vote no. But if you are afraid that he might be recalled by the election you can vote for a successor. It's all good

[genius]

20. Channel 2 - L..A. said Sanchez trying to get Feinstein to run in recall

I hope this is one of those made-up news stories because that would spell disaster for the Democrats.