Davis Recall Bid Going to Court?

NewMax.com ^ | July 1, 2003 | With Carl Limbacher and NewsMax.com Staff

[Jean S]

Thanks to an opinion issued by California election officials, the recall campaign against Governor Gray Davis may make a pit stop in the courts before voters get a crack at driving the unpopular governor from the state capitol in Sacramento.

A letter to the election supervisors in all of the state's 58 counties from Democrat Secretary of State Kevin Shelley said that while the officials must keep a running count of signatures on recall petitions, they can stall for a full month before validating the signatures.

As a result of this obvious delaying tactic, some recall supporters are threatening to take the case to court on the grounds that Shelley's action could delay the recall election until March instead of in October or early November. They say an election in March would give Davis the advantage of having a larger turnout of Democrats voting in the upcoming presidential primary.

"A judicial clarification appears to be required," James Sweeney, a lawyer for the Recall Gray Davis Committee, one of three groups trying to remove Davis told the Sacramento Bee. "It's our view that the constitution requires a continuous count and validation and that it does so to prevent politically motivated officials from derailing, slowing down or stalling the certification of a recall petition."

Added U.S. Rep. Darrell Issa (R-CA) who is a Republican financing the recall drive and hoping to replace Davis, on Monday accused the governor and Democratic Party of pressuring Shelley.

"We fully intend to make sure that he complies with the law," Issa told the Bee of Shelley.

"He (Shelley) has no policy justification for his sort of twisted interpretation of the statute other than a political motivation," Thomas Hiltachk, a lawyer representing Rescue California, the group of recall backers financed by Issa told the Bee. "Even if he takes this bizarre interpretation, my view is it's still going to qualify for a fall election anyway."

Hiltachk added that he's hopeful local elections officials will verify signatures as they receive them.

One of them, Candy Lopez, assistant registrar for Contra Costa County, told the Bee her county already has begun the verification process while acknowledging that the recall law is confusing.

"I could see where people could read the same thing and come to different conclusions," she said. "Sooner or later they're going to have to agree, or somebody's going to have to take somebody to court and have a judge decide what it means. Isn't democracy great?"

The campaign to remove Davis just months after he had been re-elected to a second term is led by Republicans; Shelley, like Davis, is a Democrat. Recall backers must submit 897,158 valid voter signatures by early September to bring on a recall, and they say they've already collected more than that number. As of last week, however, election officials had reported receiving only about 376,000 signatures.

[Blood of Tyrants]

"I could see where people could read the same thing and come to different conclusions,"

Spoken like someone who has deliberately chosen to misinterpret a plainly written law.

[ken5050]

In the latest edition of the "Dictionary of American Politics" there's a new definition:

Democrat strategist: a subspecies of "Political genius" responsible for brilliant ideas and concepts like the Wellstone Memorial service...

[Uncle Hal]

This is just the beginning of Dems efforts to delay, confuse, stall, and lie to get the recall effort off tract. The Dems cannot be trusted. We must be vigilent or they will ruin what ever chance we have to get rid of Davis.

[Iris7]

If the Republicans are the Smart Party instead of the Stupid Party they will make a convincing attempt to recall Davis that fails in such a way that the Democrats are blamed. That is, there must be no recall election.

Hold fast on NO TAX INCREASE. Utterly stonewall. Let California State employees go to minimum wage. Blame everything on Davis. Blame everything on the Democrats' past vote buying. Blame everything on Democratic voters. No budgets until the next scheduled Governer's election is over and Dr. Rice is elected.

[Southack]

"As a result of this obvious delaying tactic, some recall supporters are threatening to take the case to court on the grounds that Shelley's action could delay the recall election until March instead of in October or early November. They say an election in March would give Davis the advantage of having a larger turnout of Democrats voting in the upcoming presidential primary."

Again, the Democrats are engaging in "all or nothing" political warfare. Consider that if they succeed in delaying the recall until March, AND THEN LOSE, how much higher the stakes will have been set.

Now granted, I've personally been against the recall because I want only the Democrats to get the blame for California's mess, but I have to tell you that I can now perceive a situation where the Democrats could lose even more, yes, lose even more than having Davis remain in office.

Should the Dems raise the stakes by obviously delaying the recall, and should the recall knock Davis out in March, then politics will have a new dynamic force in California...for years.

[ken5050]

Aside from all your valid points, there's one problem in this approach that the Dems haven't thought through, as is there usual behavior. To wit...if they delay it till the primary, then it will overshadow the primary..thus detracting attention from the Dem candidates when they need it most, especially since Cal may be in play next November..Also, the Dems will be forced to take a position on the recall...if Davis's popularity, or lack of, continues, or worsens, then they'll be the recipient of a backlash...indeed, the Dem who wins might be the ONLY one who says it's OK to toss Davis out.....and you know that 1 of the 9 will do that...

[Wright is right!]

In other words, you're saying that, as usual, the Dims have only thought this one halfway through. I'm saying you may be right! I can't remember the last time you were wrong, so...

Michael

[ken5050]

Thanks....I'll send you the names of say, about 57 Freepers who said that I was wrong about something earlier today.....LOL

[backhoe]

-Total Recall- the Gray Davis Soap Opera--

[Grampa Dave]

Give us the thread or reply link, and we can probably get the number up over 100 in a few hours! :)

That would probably put me right along with you, as we seem to be on the same wave length for at least the last month.

[Grampa Dave]

Until about 5 weeks ago I was in the same camp as you.

However, it is time that we stood up against Herr Davis and his tax and spend legislators and fire a shot across their bow.

The recall effort is that shot across their bow. If we get a recall election, that will be a direct hit. If Davis is recalled that is an incredible victory.

Also, this is going to cost them and Davis a lot of money, time and effort in try to stall what is happening. Each day this mess lingers on, the worse Davis and his band of tax and spenders look in California and in the nation.

California moderates are slowly coming over to the conservative side. Combined with the anti GW/Iraq insanity, this mess is showing the moderates that linking up with the rats in California and nationally is not a wise choice.

I'm hoping for a complete failure re any budget. Then hopefully that will force Wall Street to come in to review expenses and to set up a budget. If that happens, the rats in California and other tax and spend states will lose big time.

[mabelkitty]

The American Government system is just asking the people to rise up, aren't they.....

[mabelkitty]

Shrew the grammar. You get the point.

[tm22721]

...that will force Wall Street to come in to review expenses and to set up a budget

How sweet !!!!!

BUMP

[codercpc]

What is the current number? I see the newspaper is trying to confuse the issue by implying that the recall backers are lying about the number of signatures they have vs. the number of validated signatures.

Does the recall still look like they will have collected 1.5 million by this weekend? I haven't seen current numbers in over a week.

[pogo101]

Time for a recall of secretary of state Kevin Shelley, it appears. This is Tammany Hall era stuff, folks.

[NormsRevenge]

As of July 1