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CA Governor Davis to hold news conference at 6:30 pm easten
MSNBC

Posted on 08/07/2003 1:50:46 PM PDT by Dog

Breaking!


TOPICS: Breaking News; US: California
KEYWORDS: arewethereyet; breakingwind; calgov2002; cheeserecall; francoisstilldead; gumbygumbygumbygumby; hllisverysorry; howmuchlonger; iamsorry; ihaveemergencypowers; imgumbydarnit; iwasverywrong; iwaswrong; jacksonbrown; joejoejoejoejoejoe; late; leavehilalone; midnighteastern; moosechedder; mooseisrunning; princealbertinacan; refrigeratorrunning; runfortheroses; runningman; runningonempty; sinceremistake; ticktockticktock; tomorrow; waitingforgodot; waitingwaitingwaitn
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If everything was summarily dismissed, why all the delays?
761 posted on 08/07/2003 4:52:26 PM PDT by lainie
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To: Sacajaweau
Or they're trying to get Gray-out to stop holding his breath.
762 posted on 08/07/2003 4:52:32 PM PDT by mewzilla
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To: VU4G10
Good guy. No chance.
763 posted on 08/07/2003 4:52:44 PM PDT by Recourse
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To: pogo101
Even though I think he's a moderate liberal at best, he should probably be able to win this election. People here are ready for a change, and with Arnolds' name recognition alone he gets alot of votes.

An Oct 7th election will be a small turnout at least among dems who may not even have a decent dog in the race. The deadline is saturday, so I guess we'll know who'll be running by then.
764 posted on 08/07/2003 4:52:50 PM PDT by Bullish
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To: frossca
This may be my cynical, machiavellian side coming out...

Mine is bigger than yours. I think davis will invoke his emergency powers (left over from the energy crisis and never relinquished) to call off the recall election "for the good of the children".

765 posted on 08/07/2003 4:52:55 PM PDT by snopercod
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To: Howlin
From:

California Supreme Court declines to intervene in gubernatorial recall
Drudge Report ^
Posted on 08/07/2003 4:39 PM PDT by William Creel

Looks like easy sailing from now on, per say.

-- snip --

KNX reported the same.

The five cases dismissed include the following challenges:

CLICK HERE for the rest of that thread

766 posted on 08/07/2003 4:53:41 PM PDT by RonDog
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To: snopercod
Oh we could hope the little jerk is stupid enough to try that. That'd be fun.
767 posted on 08/07/2003 4:53:48 PM PDT by lainie
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To: Dog Gone
I think most defenders of Davis are going to be government employees fearful for their jobs or recent salary increases. They can pretty well be relied on to turn out no matter what.

With the balance of power in the legislature being what it is, I seriously doubt environmentalists have much to fear from a new governor, even McClintock.

D
768 posted on 08/07/2003 4:54:34 PM PDT by daviddennis
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To: snopercod
Just out of curiosity, are there any provisions in the state constitution for what to do if the gov goes crackers?
769 posted on 08/07/2003 4:55:24 PM PDT by mewzilla
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To: RonDog
Here is a good summary from BEFORE the ruling, from www.sfgate.com:
Davis future in hands of California Supreme Court

DAVID KRAVETS and JIM WASSERMAN, Associated Press Writers
Tuesday, August 5, 2003

(08-05) 00:29 PDT SAN FRANCISCO (AP) --

The outcome of California's anything-goes recall effort appears increasingly likely to be determined by the state's highest court, where Gov. Gray Davis added his own petition Monday to a docket already crowded with legal challenges to the Oct. 7 election.

Legal experts said the governor's case is among the strongest of the five election challenges pending before the California Supreme Court, since it addresses fundamental voting rights issues.

Invoking the specter of a Florida 2000-style polling debacle, the governor's lawyers claimed voters will be disenfranchised because county elections departments don't have enough money or time to properly prepare for an October election.

They also want the court to allow Davis to add his own name to the list of replacements on the recall ballot -- a list that appears to be growing daily, with about 300 gubernatorial wannabes taking out filing papers in advance of Saturday's official filing deadline.

California election law specifically bars the subject of a recall from appearing as a replacement candidate, but the governor's lawyers say keeping his name off the list would violate the equal protection rights of Davis supporters.

And if that argument doesn't hold, Davis' lawyers are urging the court to delay the recall vote until the March primary. Without a delay, they say, the counties will have to use outdated punch-card machines and open fewer polling places to save money, confusing and inconveniencing voters.

"We're asking the Supreme Court here to avoid a train wreck," Davis' attorney, Michael Kahn, told a crowd of reporters after filing the petition in San Francisco. Kahn noted that the U.S. Supreme Court got involved in Bush v. Gore only after all manner of voting problems -- and similar legal challenges -- were raised.

By next spring, counties are expected to have replaced aging vote-counting machines that a federal judge has ordered decommissioned by March 1. The March primary -- crowded with Democratic presidential candidates -- will also be more likely to attract Democratic voters than a fall election.

The four other Supreme Court challenges include two that would reduce the two-part Oct. 7 ballot to a simple yes or no decision on the recall, eliminating any vote for successors and replacing Davis with Lt. Gov Cruz Bustamante, a fellow Democrat.

Another would remove two propositions from the recall ballot -- including the hot-button "racial privacy initiative" that some experts predict will drive more conservatives than liberals to the polls. The fifth petition questions the $3,500 fee and 65 signatures needed to get on the recall ballot.

The National Association for the Advancement of Colored People has raised complaints similar to the issues cited in the petition Davis filed Monday.

"This case has real potential," said Loyola Law School professor Rick Hasen, an election law expert.

Still, it's anyone's guess which way the justices -- six Republicans and one Democrat -- will rule.

Politically, it will be a slam dunk for the Democrats if the court decides the state constitution requires that Bustamante succeed Davis, said Mark Petracca, a University of California, Irvine political science professor.

Though Republicans would "put all their energies into absolutely crucifying Davis," Petracca said, "in some ways it doesn't end up mattering. My guess is, interest in the recall plummets."

The California constitution, amended by voters in 1974, demands a second-in-command. It also says the purpose of a recall election is "to determine whether to recall an officer and, if appropriate, to elect a successor."

"We have already elected the successor, Cruz Bustamante, last year," said Scott Rafferty, an attorney for former state legislator Barry Keene, who wrote the constitutional provision.

The words, "if appropriate," refers to elected offices that don't have constitutionally mandated successors, Rafferty and Keene maintain.

Hasen doubts that argument will persuade the court.

"The old California Constitution in 1911 was pretty clear that there would be a two-part question," Hasen said, adding that Keene's interpretation is nowhere to be found in the ballot pamphlet or legislative history of the change.

Consultants to the recall campaign called the idea of a Davis recall without Republican challengers "preposterous, ridiculous" and unlikely.

"A meteor can fall on the Capitol building and kill all the legislators, too," quipped Recall Davis Committee head Howard Kaloogian. "That's more likely than Bustamante becoming governor by stepping into it."

U.S. Rep. Darrell Issa, R-Vista, who bankrolled the gathering of the more than 900,000 signatures that qualified the recall, has said he'll run. Other candidates include Republican businessman Bill Simon, Hustler magazine publisher Larry Flynt, Green Party candidate Peter Camejo and a long list of gadflies and publicity seekers who could prove to be spoilers on election day.

Recall consultant Sal Russo said blocking these candidates from the ballot would cause a "serious voter revolt" that would damage the Supreme Court.

Field Poll spokesman Mark DiCamillo said his organization hasn't polled voters about one possible legal outcome -- what in effect would be a Davis-Bustamante contest. But he calls the growing range of scenarios a "speculative wonderland."


Editors: Associated Press Writer David Kravets reported from San Francisco; Associated Press Writer Jim Wasserman from Sacramento.

770 posted on 08/07/2003 4:55:55 PM PDT by RonDog
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To: Howlin
Oh well, thanks anyway, Howlin. Does anyone have any live feeds for breaking news(like the bagcam)? Thanks in advance!
771 posted on 08/07/2003 4:56:00 PM PDT by schaeffer
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ya know, it's still possible that he'll resign today.
772 posted on 08/07/2003 4:57:13 PM PDT by lainie
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To: Joe Hadenuf
It's hard to believe you guys turned into ArnieBots in one day!
773 posted on 08/07/2003 4:57:49 PM PDT by Bullish
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To: lainie
If he does resign, then we'll know what Blubba's been up to...
774 posted on 08/07/2003 4:58:37 PM PDT by mewzilla
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To: george wythe
Also from the OTHER thread:

California Supreme Court declines to intervene in recall election

(08-07) 16:53 PDT SAN FRANCISCO (AP) --

The California Supreme Court on Thursday declined to intervene in the recall election, clearing the way for an Oct. 7 vote on whether or not to remove Gov. Gray Davis from office and replace him with someone from a list of qualified candidates.

The announcement came after the justices held hours of closed-door discussions that began Wednesday, and after more than 400 would-be governors from all political persuasions and backgrounds took out nomination papers in advance of the 5 p.m. Saturday deadline to file their candidacy.

The justices, six Republicans and one Democrat, chose not to enter the politically charged recall arena, two weeks after the election was certified. Never before has California's sitting governor been targeted by a voter-driven recall election that qualified for the ballot.

The court was reponding to five petitions. Two asked to block challengers' names from appearing on the ballot. One asked to move two unrelated ballot initiatives to the March primary election.

Another, filed by Gov. Gray Davis, sought to delay the entire vote until March amid accusations that some of the state's counties would otherwise use outdated punch-card machines. Another asked the court to review the requirement that candidates need $3,500 and 65 signatures of registered voters to get on the ballot.

Still, several federal lawsuits remain. A leading case was filed early Thursday in Los Angeles by the American Civil Liberties Union, alleging that some of the state's 58 counties are ill-prepared to administer a vote by Oct. 7, and that others would be forced to use voting machines they had promised a federal judge they would discard before using them again in March.

The error rate of the machines, which gained national notoriety during Florida's bungled 2000 presidential election, is between 2 and 3 percent, the ACLU said. In addition to Los Angeles County, the ACLU suit says the punch-card machines would be used in Alameda, Mendocino, San Diego, Shasta and Solano.

21 posted on 08/07/2003 4:57 PM PDT by george wythe


775 posted on 08/07/2003 4:59:03 PM PDT by RonDog
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To: mewzilla
Dunno. Here: California State Constitution
776 posted on 08/07/2003 4:59:33 PM PDT by snopercod
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To: daviddennis
As I understand it, the California governor appoints a lot of the bureaucrats who run the various commissions that are involved in the process. The commissions and the whole permitting process is where environmentalists wield their power. It might make more difference than you think.

Then again, it may not matter. Nobody is going to talk about that issue during this campaign, so there's no assurance that any changes will be made.

777 posted on 08/07/2003 4:59:35 PM PDT by Dog Gone
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To: Dog
Does anyone know what is involved in the still-proceeding FEDERAL case involving the recall?

I seem to remember a San Diego federal judge ordering that the state must count a voter's choice on the successor portion of the recall ballot, even if the voter abstained (left blank) the initial should-Davis-be-yanked portion. State law says that only those who vote yes/no on the first question may vote on the second.

Point is, if THAT is the only remaining court case, then Davis is TOAST. (Thanks to Nancy Pelosi for that quote.)
778 posted on 08/07/2003 5:00:45 PM PDT by pogo101
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To: lainie
ya know, it's still possible that he'll resign today.

If Davis was a team player, and note that that's a really big "if", he'd resign, make Bustamente Governor, and render the whole recall moot. I suspect, however, that he'll go out as easily as Ouday and Qusay Hussien did.

779 posted on 08/07/2003 5:01:58 PM PDT by Redcloak (All work and no FReep makes Jack a dull boy. All work and no FReep make s Jack a dul boy. Allwork an)
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To: pogo101
See my post (above):
"...Still, several federal lawsuits remain. A leading case was filed early Thursday in Los Angeles by the American Civil Liberties Union, alleging that some of the state's 58 counties are ill-prepared to administer a vote by Oct. 7, and that others would be forced to use voting machines they had promised a federal judge they would discard before using them again in March.

780 posted on 08/07/2003 5:02:29 PM PDT by RonDog
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