court rulings...if you vote no on the recall.. you still get a vote on a replacement candidate?

8/11/03 | tophat

[tophat9000]

I am trying to find info on one of the court rulings on the recall

I believe there has been one court rulings that even if someone votes no on the recall (in effect your voting for Gray Davis).....

You can also vote for a recall replacement candidate too and it must be counted

(the recall law was if you voted no on the recall then you didn’t "get" voted on a replacement candidate)

If this is how it ends up it could sink us

Because the dems in effect get two votes ...

There will be votes against the recall (lets say 30%)

If they also votes for Busto as a backup ( hey why not its a free vote... it doesn’t effect your first vote)

... well do the math

[Sir Valentino]

(the recall law was if you voted no on the recall then you didn?t "get" voted on a replacement candidate)

No... you were *ALWAYS* allowed to vote *NO* on the recall and *STILL* vote for a *REPLACEMENT* candidate. The challenge was over *NOT VOTING AT ALL* on the recall question, which *ORIGINALLY* disqualified a vote for a *REPLACEMENT* candidate. That has been *SUCCESSFULLY* challenged.

[Phantom Lord]

I think you are slightly mistaken, though I could be the mistaken one. It was my understanding of the law that if one failed to vote at all on the recall portion they could not vote for the successor. Not that if they voted no, they couldn't vote on the 2nd part.

[tophat9000]

I think you are slightly mistaken

Well that one reason I asked

[coloradan]

If you vote NO on a ballot initiative, does it still apply to you if it passes and is enacted?

[RichInOC]

The previous standard, from the California Elections Code:

"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."

In short, you didn't have to vote for the recall, but you did have to vote on it.

The decision to strike that down being said and done...why wouldn't you
vote on the recall, if you had an opinion on it either way? Why take the chance that the other side gets more votes than yours?

[ClearCase_guy]

Maybe I'm missing something, but this strikes me as a little odd.

Won't one voter say, "My first choice for Governor is Gray Davis. I oppose the recall. However, if we need to replace my man Gray, my second choice is Bustamante."

A second voter says, "I support the recall. My choice is Schwarzenegger. My second choice is ... what? I don't get a second choice? But that other voter got two chances to name the governor of California. Why don't I?"

[Wright is right!]

CCG, you DO get two choices. Your first choice is "Notdavis" and your second choice is Ah-nold.

Michael

[familyofman]

2 separate questions = 2 separate votes.

What's to be confused about?

[MineralMan]

"I believe there has been one court rulings that even if someone votes no on the recall (in effect your voting for Gray Davis).....


You can also vote for a recall replacement candidate too and it must be counted


(the recall law was if you voted no on the recall then you didn’t "get" voted on a replacement candidate)

"

You have it all wrong. In recalls, you've always been able to vote for a replacement candidate, whether you vote yes or no on the recall. You can vote no, but if the recall passes, you still have a vote on who is the replacement. That is how it has always been.

The court case was about voters who do not vote at all on the recall. Previously, if you did not vote on the recall, your vote on the candidates was not counted. The case was to force those votes to be counted, even if you did not vote on the recall.

But...I repeat...voters who vote no have _always_ had the right to also vote for a replacement.

[tophat9000]

2 separate questions = 2 separate votes.

Not really

question.. Do you want Dinner? Yes/No

question.. If yes, what do you want?

I’m not trying to be flippant

If you say no in question one why should you have input on question two...you already made your choice in question one ...for Gray

Yes I know my point is very debatable

How ever the rules were written up front ....so be it

[Hoverbug]

question.. Do you want Dinner? Yes/No

Wouldn't that be like saying that only the people who want Davis recalled should be able to vote on who the new governor should be if the recall is successful?

There are really two votes being taken here. The first is "should he be recalled" which takes a majority (50% + 1)to pass. Then, rather than having to have another election should it pass, the second vote on the ballot is "If it passes, who do you want for Governor, and all the winner has to do is get the most votes. Even if he only has 3% of the vote, he's governor if all the other candidates got less than 3% each. If the recall doesn't pass, the second question on the ballot is ignored.

Two different elections requiring two different percentages placed on the same ballot in order to save time and money.

Hb