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To: sd-joe
1. Does Cruz become "acting" gov, or "full" gov in the interim? There are major ramifications in this.

No there aren't ramifications, because it still appears on the ballot. We aren't recalling Davis, we are recalling the Governor. Since it has already been certified, the Constitution is quite clear. That is why you aren't hearing about this.

I know you've been burned by the Demo Party many times, but there is a difference between being Suspicious, and making them The All Powerful Boogie Man.

Its on the ballot, Gray's not stepping anywhere but out on Oct 7. The only thing to be frightened about it Cruz somehow coming through, which currently looks unlikely in the polls.

25 posted on 08/12/2003 11:39:43 AM PDT by PeoplesRep_of_LA (Governor McClintock on October 7, 2003!)
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To: PeoplesRep_of_LA
No there aren't ramifications, because it still appears on the ballot. We aren't recalling Davis, we are recalling the Governor.

Are you sure about this? The petition to recall was very specific. It said

"Pursuant to the California Constitution and California election laws, we the undersigned registered and qualified electors of the State of California, respectfullystate that we seek the recall and removal of Gray Davis holding the office of Governor, in California."

Furthermore, Article II Section 15 doesn't refer to the office but the "officer:"

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.
...
(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.

Davis is the officer in question.

The question of whether Bustamante is acting or full governor is still open, in my opinion, but if Davis resigns and Bustamante is governor, Section 1 does not become a recall of Bustamante (in my opinion).

-PJ

56 posted on 08/14/2003 1:09:27 PM PDT by Political Junkie Too (It's not safe yet to vote Democrat.)
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