Posted on 07/13/2003 9:05:33 AM PDT by NormsRevenge
Edited on 04/13/2004 3:31:34 AM PDT by Jim Robinson. [history]
SACRAMENTO - Not since Gov. Jerry Brown was linked to pop diva Linda Ronstadt more than two decades ago has Sacramento generated so much buzz.
Now that it looks as if the recall of Gov. Gray Davis will be on the ballot, California's anything-may-happen atmosphere has everyone from Beltway political junkies to People magazine fixated on the notion that Arnold Schwarzenegger could become the state's next governor. But that's just one of many possible recall scenarios making the rounds.
(Excerpt) Read more at bayarea.com ...
Not being a Kali, I thought I saw a posting that once the recall petition is okayed to begin collecting signatures, the
target of the recall cannot resign to allow the next in line to takeover in order to thwart the recall. The recall
vote proceeds and is binding on the holder of the office.
So, if Davis resigns, and Bustamante takes over, and the recall succeeds, Bustamante is out (unless he gets a plurality of the votes in the question 2 of the recall).
Or, if the recall fails, Bustamante remains as Governor to serve out the remainder of the term.
Am I wrong, or is Gladstone wrong, or is Gladstone deliberately spreading false and dis-information?
The petition has been filed, that's the drop dead point, per the statute, not the final certification of all the signatures by the SoS.
The Recall goes forward as long as sufficent signatures are gathered and verified within the specified timeframe.
The only other thing they can now do is try and drag it out so it happens next spring.
Typical demRat stall tactic.. stalling the inevitable.
Of course not. What a tar baby. The winner will be the big loser in the long run. Who would want the governor's job in the shape California's in?
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You have just won the award for the best suggestion of the day! With any encouragement, I bet she'd do it!
Can you imagine her house-hubby, with feather-duster in hand, in the role of First-valet to Kalifornia's Governor Streisand?
What if Davis files 65 signatures and his $3,750 dollars to be on the recall ballot and the Secretary of State refuses to put him on the ballot. The California Constitution says the Governor can't be on the recall ballot.
Davis goes to the California Supreme court and they turn him down. Then he goes to the very very leftist Federal 9th Circuit Court. The 9th issues a stay and takes the case. Next spring after depositions, a hearing and briefs are filed and a second hearing and more briefs are filed, the 9th rules that it is unconsitutional to keep Davis off the ballot. Citing the equal protection clause the 9th circuit throws out the recall. The 9th rules the Recall provision of the California Constitution is unconstitutional.
By the time the Federal Supreme court upholds the recall,(assuming Sandra Day O'Conner likes the recall) it will be next spring just in time for the Democratic primary.
The Recall people say Davis has no options. He has lots of options. The people who say this is a slam duck said the 2002 election would be a slam dunk. They said there was no way Davis could win reelection. But he did.
I certainly think that Davis will try to get this into the 9th circuit court on some gounds. I think the 9th would not miss a chance to take the case, either. The 9th is just way to leftist not to get involved. I would not bet that the 9th circuit will rule against Davis. Would You?
It would not be good for the Democratic party for Davis to resign. If he is going to be gone, then the Democrats want him recalled. That way when the Democrats instantly start a recall on his Republican replacement no one can say a word.
The Repubulicans recalled Davis.. No one can says a word when the Democrats will recall Davis' Republican replacement.
No Republican Governor of California will ever serve out a full term if Davis is recalled. There are lots of Democrats in California. They can do a recall every 6 months on a Republican governor. They can just do recall elections until he is recalled. They can say, we did not start this recall fight the Republicans did.... we intend to finishe it. If they can recall a Democrat, we can recall a Republican. With the population 40/30 Democrat, I don't see how a Republican governor could ever escape recall.
They don't have the balls, well most of 'em anyway. ;-)
It would make for some interesting political theater tho. I bet their email and phone banks would have to be deactivated, post haste, were they to do anything other than sit on their hands.
11302. If a vacancy occurs in an office after a recall petition is filed against the vacating officer, the recall election shall nevertheless proceed. The vacancy shall be filled as provided by law, but any person appointed to fill the vacancy shall hold office only until a successor is selected in accordance with Article 4 (commencing with Section 11360) or Article 5 (commencing with Section 11380), and the successor qualifies for that office.The operative word is "filed." There's some dispute as to when that occurs, but the standard is definitely met by the time the signatures are certified. It may be even earlier, depending on whose interpretation you go with. So, barring some shenanigans with the count, Davis has at most until July 23, when Secretary of State Shelley announces that the number of signatures gathered has topped the requirements.
The incumbent is specifically prohibited from being a candidate in the recall. The writers of the recall law weren't fools and knew that there'd be a good chance that the incumbent could be recalled, but still have enough support to win in a field split by many contenders for the office.
Davis goes to the California Supreme court and they turn him down. Then he goes to the very very leftist Federal 9th Circuit Court. The 9th issues a stay and takes the case.
Federal courts almost never get involved in state internal election matters, so this is extremely unlikely.
Seems to me that it would started when the petition has "legal" status, that is, accepted by the SoS in order to
begin collecting signatures.
Ahhh, the shoddy state of journalism beginning with "The Watergate" era.
the writer is really dating himself with his opening line - I doubt many people under 40 remember much about this!
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