[dirtboy]

If Davis resigns, the recall is still on, right?

Found this tidbit:

CA: Davis resignation won't help Democrats If Gray Davis resigns after the recall is certified, the recall election will still occur. Bustamante would become governor during the campaign, but the winner of the election would become still become Governor.

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

This information is from Daniel Weintraub of the highly regarded California Insider. I emailed him asking about it.

[NEWwoman]

Thanks!

[Hildy]

Interesting. If he resigns now, that frees him up to do what he likes best...dirty campaigning...Now, how does this fit in to the last court case which changed some of the rules? If you vote NO for the recall, you could still vote for Davis and would that count as TWO votes?

[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.

[heleny]

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

I don't think that Davis can run to succeed himself. Even if he resigned, he was still the officer being recalled.

[USNA74]

I tend to agree with you -- this seems the most logical thing for Davis to do -- that way he isn't leaving it to the courts as to whether or not he should be able to be on the ballot if the recall vote succeeds. He resigns in time to meet the registration deadline of tomorrow or the next day.