[snopercod]

Of course, that could include Davis resigning, then getting elected in the recall!

That's why he went to court to have his name put on his own replacement list. DAVIS SUES TO BE ON RECALL BALLOT, even though the California Constitution specifically prohibits running for his own office:

CALIFORNIA CONSTITUTION ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL

SEC. 15. (a) An election to determine whether to recall an officer and, if appropriate, to elect a successor shall be called by the Governor and held not less than 60 days nor more than 80 days from the date of certification of sufficient signatures.

(b) A recall election may be conducted within 180 days from the date of certification of sufficient signatures in order that the election may be consolidated with the next regularly scheduled election occurring wholly or partially within the same jurisdiction in which the recall election is held, if the number of voters eligible to vote at that next regularly scheduled election equal at least 50 percent of all the voters eligible to vote at the recall election.

(c) If the majority vote on the question is to recall, the officer is removed and, if there is a candidate, the candidate who receives a plurality is the successor. The officer may not be a candidate, nor shall there be any candidacy for an office filled pursuant to subdivision (d) of Section 16 of Article VI.

[Howlin]

Thanks for clearing that up with the actual statute!

[frossca]

This may be my cynical, machiavellian side coming out but...

If Davis resigns, then he de facto is no longer the office holder. Could he then run as a candidate on the second part of the ballot?

Hmmmmmm....

[Common Tator]

  If the majority vote on the question is to recall, the 
officer is removed and, if there is a candidate, the 
candidate who receives a plurality is the successor. The 
officer may not be a candidate, nor shall there be any 
candidacy for an office filled pursuant to subdivision (d) 
of Section 16 of Article VI.

One thing I have learned . The law is not what you and I think the law says. It is what the Federal Judges think it says. And the California Constitution says what ever the judges want it to say. If the Federal 9th circuit court of appeals says this provision violates Davis's rights to be on the ballot, Davis will be on the ballot.

I have no idea of what Davis may do. If I were him I would resign and let someone else deal with the problem. I can't imagine anyone wanting to be governor of California. I could only blame Davis for the 40 percnet spending increase when I am willing to blame Reagn for the 100 percent spending increase during the Reagan years as president. The Democratic State Legislature spent the money...Just as the Democratic Congress spent the money during the Reagan yeasrs. They will do it again... no matter who is governor. Unless the legislature in California is changed.. not much changes. Just as nothing changed until the Republicans won the House. Clinton could not spend with the Republicans in control of the house... at least not like they used to spend.

Taking the job of Governor of California now is like geting to be Mayor of Hiroshima the week before we dropped the Atomic bomb on it. It will not be considered a successful career move.