Registration required--or not? [Gray Davis Recall]

Sac Bee ^ | 7/10 | Dan Weintraub

[ambrose]

Registration required--or not?

Election law specialist Dana Reed tells me that after the 1999 Supreme Court decision in the Colorado case, the California Legislature amended the law on petition circulating to allow anyone who is "qualified to register to vote" in this state to gather signatures, even if they were not actually registered to vote. This change was made in the law covering ballot measures. Oddly enough, the same change was not made in the portion of the law covering recall petitions. We don't know if this was an oversight (my guess) or a deliberate attempt to hamstring would-be revolutionaries. Either way it's just one more example of how sloppy our election codes appear to be. You're dreaming if you think we are immune from a Florida-style meltdown.

Here are the sections from the election code:

(from the initiative process law) 9021. A person who is a voter or who is qualified to register to vote in this state may circulate an initiative or referendum petition anywhere within the state. Each section of the the petition shall bear the name of a county or city and county, and only qualified registered voters of that county or city and county may sign that section.

(from the recall law): 11045. Only registered voters of the electoral jurisdiction of the officer sought to be recalled are qualified to circulate or sign a recall petition for that officer.

Here is a link to the full election code for those who simply cannot resist.

UPDATE. Upon further research after consultation with Justene Adamec, I've concluded that the distinction was deliberate. This section of the new law makes it clear that ballot initiatives will be handled one way, recalls another. Which suggests that the Davis forces, if they find one non-registered circulator in the haystack, might prevail on a judge to order a full verification of every signature rather than the 3 percent sampling now ongoing.

The section: 102. A person who is a voter or who is qualified to register to vote in this state may circulate an initiative or referendum petition in accordance with this code. A person who is a voter may circulate a recall petition in accordance with this code.

Posted by dweintraub at 06:03 AM

[ambrose]

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[Ernest_at_the_Beach]

Desperation!

calgov2002:

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[tubebender]

Bump...

[Ernest_at_the_Beach]

if they find one non-registered circulator in the haystack

_______________________________________________________

Define circulator!!!!

Those who create the original petition that has been copied and downloaded?

Or anyone that had it on a clipboard at a shopping mall?

[dalereed]

Why the exerpt, this isn't the LAT or WP!

[Ernest_at_the_Beach]

It is the complete article or item from his blog!

You also have to scoll down aways to get to this item.

[dalereed]

If that's what blogs are blogs should be outlawed!

Haven't figured what a blog is but if it's all excerpts, I don't think I want to know.

[Ernest_at_the_Beach]

It's the coming thing!

Andrew Sullivan has one and I like :

Instapundit.com

Someone had a thread up and campaigning to start one tied in with FreeRepublic.

I think this is it:

Free Republic Quasi-Official Blog Concept and Nomination Thread ^

[BJungNan]

Non-residents, non-citizens, and illegals can vote in a general election but only a registered voter of someone qualified to be a voter can circulate a petition for recall.

If not this provision, then another. Davis will use every tactic he can to delay and challenge the recall effort.