Mock the Vote: What's the case for recalling Gray Davis?

"He won. Get over it." It's tempting to apply this Bush/Gore/2K catchphrase to the mounting drive to recall the governor of California.

At a glance, Governor Gray Davis makes a singularly unpersuasive test case for the extraordinary step of recalling a sitting executive. The arguments against him?his alienating, drippy personality, his deep attachment to special interests, even the general outlines of his fiscal negligence?were all well-known and very much in the foreground back in November, when California voters (ably assisted by an almost criminally incompetent state Republican party) re-elected him, warts and all.

Proponents of the recall?which is currently being promoted in a statewide petition campaign and has apparently gathered more than half the 900,000 required signatures (12 percent of the number of voters in the last election)?note, correctly, that none of these objections matter. The recall provision in the Golden State's constitution does not establish any legal or structural criteria for mounting a recall, and states that "sufficiency of reason is not reviewable."

"You're not gonna recall somebody just because you don't like their looks," says Ted Costa, a political consultant in Citrus Heights. Costa ("The REAL Taxpayer's Friend!"), who wrote the recall petition against Davis, notes that this is the state's 32nd recall effort since the recall mechanism was instituted in 1911, and says the simple fact of its popular success shows we're living in extraordinary times. "This governor has gone too far," he says. "Our organization, People's Advocate, had the opportunity to get involved in the recall of [Davis' Republican predecessor] Pete Wilson, but we didn't. When Wilson raised taxes, we were hoppin' mad, but we didn't think it rose to the level of recall. But the current governor lied to the voters about a $38 billion state budget deficit, and even now he continues to do nothing about it."

This is a theme sounded by other recall supporters, and it's a compelling one. "This [recall] is a law that's been on the books for like a hundred years," says Monica Getz of the Issa For Governor campaign. "It's not like we just said, 'Hey, let's overthrow the government.'" Republican Congressman Darrell Issa last month breathed new life into what was generally seen as a moribund recall campaign, with a $500,000 contribution, and intends to be on the ballot of alternative candidates. (His total support for the recall is now estimated around $800,000.)

More seriously, opponents of the recall appear incapable of arguing their strongest point. "What offends me is that Darrell Issa is a very wealthy guy, who has found a constitutional loophole designed to recall individuals for egregious acts," says Philip Muller, political director of the California Voter Project. "Definitely you've got to do something very bad to be recalled. Whatever you think of Gray Davis, that's not the case... What we have in California is a high percentage of households that have cable TV, a broad spectrum of right-wing talk radio, an unpopular governor, vast voter files, and consultants who know how to use them. Without those tools, this recall would have failed like the 31 previous ones."

In other words, if the situation were completely different we wouldn't be in this situation. It's hard to imagine anti-plutocrat sentiment or fear of the rightwing media gaining much traction when polls show 51 percent of Californians supporting the recall (with 43 percent opposed). And as is often the case with such invective, the nasty stories now being spread about car-alarm king Issa end up making you like him more. His teenage arrest for stealing a red Maserati indicates pluck and ambition. The tale of Issa's pulling a gun on an employee shows he's a hot-blooded manager, just the thing for voters ready to spew out the lukewarm Davis. The California Voter Project decorates the front page of its Stop Issa site with a menacing photo of a gunman, for which Muller makes no apologies. "There's an attempted coup d'état going on," he says.

The clash of left and right ideologies is familiar turf, and the prospect of a gubernatorial free-for-all in the nation's most populous state (more on that in a moment) is exciting. But what makes the recall an important matter outside the state of California is the long-term impact a successful recall will almost certainly have. If California truly leads the nation in structural political changes, then there is a disturbing, exhilarating one at work here: the steady dissolution of representative government.

A recall would be the third prong?along with ballot referenda and term limits?in the movement toward mob rule in the state. Every election year, Californians must sift through more costly ballot initiatives. Term limits have also played an unacknowledged role in the budget crisis. The irresponsible budgets Davis is (deservedly) being blamed for signing were in fact written by representatives whose limited time in office strongly encourages the kind of popular short-term decisions on spending and taxation that would drive even the most robust state's budget out of whack in a few years (by which time the same officials will be out of office).

Whether mob rule is necessarily a bad thing is a legitimate question, and there is certainly value in any event that prevents the government from functioning, passing laws, writing budgets, and so on. Unfortunately, California, a state populated largely by people who moved here expecting to get something for nothing, doesn't work that way. Proposition 13, the famous 1978 ballot initiative that sharply restricted the state's ability to raise taxes, has encouraged not spending cuts but an endless number of bond issues, duly passed in public referendums. Last year, for example, the state's grossly mismanaged public schools got bailed out by Proposition 47, a bond issue that totaled, by this writer's recollection, about a bazillion kajillion dollars.

With all due reverence to the constitutionality of a recall, it's naïve to imagine that the Democrats will not find or invent appropriate cause to recall Governor Issa two years down the road. "Let's say Issa does get this," says the Voter Project's Muller, "and he does become governor. People are going to realize we just elected an anti-choice, pro-gun, pro-offshore drilling goon, and he got elected with only 15 percent of the vote. What do you think they're going to do next time? You're going to see more recalls."

Recall advocates dismiss such concerns. "The polling that's been done shows that people are very reluctant to use the recall," says David Gilliard, a consultant at Rescue California. "They understand how extraordinary this is. The bar for a recall is set so high that it really can't be abused. This will succeed only in cases where the governor is so unpopular because of something he's done." To the argument that Issa's deep pockets have distorted the current recall drive, Gilliard responds that well-heeled labor unions funded the effort to recall Pete Wilson. "This is not only money," he says. "The people signing these petitions are angry because they see their state going down the drain."

"I've had several people call my office and ask about recalling their local officials," says People's Advocate's Costa. "For a short period you might see an increase. Every citizen in California has the right to use the recall process. It's a straight knock on the front door?'Hi, we're the public.' It's very straightforward."

Still, the 4-minute mile was once scientifically known to be impossible. Liberals are fond of ruing the evolution of once-progressive reforms: The independent prosecutor law, passed with such high hopes by Democrats in the 1970s, was used to hamstring Bill Clinton in the 1990s. The powa-to-the people institution of ballot referenda made conservative dreams come true with Prop. 13 and Prop. 187. The recall mechanism, signed by Governor Hiram Johnson to save the state from Southern Pacific, is now poised to place a pro-business conservative in Sacramento. You might call these political ironies, but if the same thing happens every time it's no longer an irony. It's a law of nature.

It's also a law conservatives might think twice about setting in motion. Understandably, recall proponents are at the moment more intrigued by the electoral prospects the chaos of a recall will let loose. The maverick Issa has taken a great gamble with his money and reputation, pulling a trigger the rest of the Republicans were too embarrassed to pull themselves. Given the large number of Republicans expected to be on the ballot (with The Terminator thrown in for comic effect), it's unlikely he'll win the governorship. Either way, however, a successful recall would put him at the front of a state party that desperately needs a leader. The potential impact for President Bush's efforts to win California in 2004 is obvious.

This, however, presupposes a successful recall, and Gray Davis' ability to thrive in days of acid and vitriol should never be underestimated. Already, California Democrats are showing confidence in him, with three prominent candidates refusing spots on the ballot should the recall work. (The lone likely holdout is lieutenant governor Cruz Bustamante, best known for uttering the n-word in a speech to the Coalition of Black Trade Unionists a few years back.)

Right now, Davis appears to have accepted that the recall will come to a vote, and is shifting to an effort to delay the ballot until next spring, when Democratic turnout will be higher because of the Democratic primary. It's not beyond possibility that the singularly uncharismatic Davis could emerge from the recall campaign a Democratic hero?the moderate, tough-on-crime governor who survived a Borking and an attempted overthrow by the vast rightwing conspiracy. Comical or horrific as the idea of a Davis presidency seems, it would at least give us the chance to see whether impeachment?another extreme measure made acceptable by use?is becoming as popular as it seems.

Nor do even the recall's supporters show much faith in the people who would take Davis' crown. "I haven't seen the great Schwarzenegger plan to solve the state's budget crisis," says Ted Costa. In this sentiment, he is echoed by the Voter Project's Philip Muller, who notes, "Darrell Issa is not telling us which programs he wants to cut, or God forbid which taxes he wants to raise, which universities, hospitals, or schools he wants to close."

But will that really matter? Populist measures like the recall haven't just chipped away at the separation of governmental powers; they've made such specific campaign issues increasingly irrelevant. Whoever emerges from the recall war as governor of California may find that there is less and less to govern.

"What offends me is that Darrell Issa is a very wealthy guy, who has found a constitutional loophole designed to recall individuals for egregious acts," says Philip Muller, political director of the California Voter Project. "Definitely you've got to do something very bad to be recalled. Whatever you think of Gray Davis, that's not the case... What we have in California is a high percentage of households that have cable TV, a broad spectrum of right-wing talk radio, an unpopular governor, vast voter files, and consultants who know how to use them. Without those tools, this recall would have failed like the 31 previous ones."

It absolutely boggles the mind how devoid of any intellectual capacity some people are. So if we did not have tvs, radios, internet access....or just relied upon only information gatekept by the lamestream media....this recall would not be successful either. Don't forget to blame/sue Adobe Acrobat while you're at it pal...no one has to make a special trip to Sec of State anymore either to get the evildoers petition. It will be nice when this Frank Adam Henry is outta work like a ton of other Californians...at least his unemployment will be his own fault.

"What offends me is that Darrell Issa is a very wealthy guy, who has found a constitutional loophole designed to recall individuals for egregious acts," says Philip Muller

“Constitutional loophole” is the code word for “a law a liberal doesn’t like.”

"Definitely you've got to do something very bad to be recalled. Whatever you think of Gray Davis, that's not the case...

Fortunately, the “constitutional loophole” leaves that decision up to the voters, rather than some hump in a liberal think tank.

The only case is that Mexifornians have absolutley nothing to lose...it simply could not get any worse...vehicle fees to be tripled,...cities and counties adding income taxes to cover the shortfall...billions of $ blown when Joe Davis laid-down for the energy bailout deal - I sure wish I had Joe as a customer when I was selling hifi...he would have been one of those that I sold phono cartridges to for $700 or &50,000 a pair for the Wam speakers...what a clod...

Populist measures like the recall haven't just chipped away at the separation of governmental powers; they've made such specific campaign issues increasingly irrelevant. Whoever emerges from the recall war as governor of California may find that there is less and less to govern.

I love the condescending elitist tone of this author... "populist measures like the recall"... Excuse me, it's the will of the people. Our Votes count... Populist means "The great unwashed" actually have a say... This is great: "are chipping away at the separation of governmental powers"... What seperation of governmental powers, you mean that tremendous gulf between us and our leaders... That unbridgeable gap? We're just supposed to watch as lierals run the country into the ground across this invisible fence...Yeah, it's being chipped away... What purpose does it serve except to alienate us and make us feel powerless in our own democracy... The governer has a 25% percent approval rating, and the larges state budget deficit in the hisTory of the united States. He's gone.

It can get pretty crazy! They don't stop to think that the inclusion of the recall abillity in the state constitution is just as valid and part of the law as is the call for periodic elections. The "will of the people" is what is being protected here, not thwarted. I wish it were not so easy to lead people with colorful words. I dream of a day when all folks will think beyond a dally phrase and take it all the way to it's logical conclusion. (clearing soapbox now)

ably assisted by an almost criminally incompetent state Republican party

I don't understand how a state as large and populous as CA can fail to have an at least competent republican party. What is it about the CA repub party that they are completely unable to accomplish anything? Rather than working on this recall, shouldn't the CA repub party be working to fix itself?

I am not in favor of the recall for a number of reasons: 1) I think it works more to CA repub/conservative advantage at the next elections to allow the Rats to continue to be in charge as CA's problems get worse and worse; 2) If Davis is recalled and a Repub gets elected Governor, he/she will have no mandate and will be stuck with a horrible situation (i.e., he/she will have to make all the tough choices / cuts and then be voted out in the next election); 3) if the recall vote is held and Davis somehow wins, he and the CA dems will be even stronger; 4) It is just as likely if Davis is recalled that another Dem will be elected governor and he/she will then be an incumbent in the next election - and won't be blamed for the mess CA is in; 5) Despite Davis' lies regarding the deficit, he did win in the last election and everyone knew then how horrible he was - even though it is allowed by the CA constsitution, there is something about the recall that does not sit right with me.

W/ all that said, I guess I would like to be proven wrong and have everything go great for conservatives in CA w/ the recall, I just don't see it as likely.

Davis is just a small part of what is wrong with California and, with the present debate, it is just not being said or understood. California's problems are the result of a near perfect "progressive" agenda. The tax rolls were reduced so most taxes were(are)paid by a small percentage of the population. During the boom phase, money kept pouring into the treasury. When the bubble burst, the "revenues" to the State plummeted. In the meantime, the "progressives" found a raft of ways to spend the money ("invest") on their constituencies and now they are in a box. In my opinion, it would be better to let the events play out. If a republican is elected, the Democrat legislature will block any reforms and "prove" the republicans cannot solve problems.

They're all full of crap.

Davis made this mess long before his re-election and he was just as surprised as his opponent when he won. The rats own the left-coast majority & the Gov office, who they gonna blame their mess on?

The best thing that could ever happen to the California DemonRat party right now is to have a Republican Gov to blame everything on!

...when California voters (ably assisted by an almost criminally incompetent state Republican party) re-elected him, warts and all.

OK, so the Republicans are criminally incompetent for running a crappy campaign, but Davis, the true criminal incompetent is let off the hook. Besisdes, wouldn't this mean the people are actually seeking redress from Republican incompetency to now properly remove Davis?

The recall measure is set up like an emergency tool to get a drunk out from behind the wheel of state before he crashes into anything else. I'd say that pretty well characterizes the state of affairs in California.

First they say the SC stole the Presidential election, now they're saying the people are stealing the election.

I got E-mail from someone I know who works in Europe yesterday accusing us of letting our Constitution erode; he was spouting Michael Mooreisms right and left, and then admitted he was a fan.

I find it amazing that people fail to recognize how vital and thriving our system of government continues to be. Most of it is because they fail to agree with the American system of government. I'd just like to say it's working, and working very well. Thomas Jefferson would be proud that the Supreme Court and the Electoral College ruled against the popular vote, or what was thought to be the popular vote. As I replied via E-mail, American representative democracy will survive when other governments claiming to be democratic have long fallen.

I also mentioned that our "penchant for guns" has a lot to do with it, but I had lost him long before. Our government is the oldest surviving democratic system in the world. We must be doing something right, and Jefferson knew that the rule of the mob would not last. Indeed, we are not ruled by a mob.

Also interesting are Hillary's cries to abolish the Electoral College, and Bill's pleas to amend the Constitution to be allowed to run again. Very telling: when they want power, they'll change the laws to get it, hold on to it, or otherwise do whatever it takes to have it. In other words, nevermind the genius of our Founding Fathers.

I am not in favor of the recall for a number of reasons:

I'm in favor of the recall for one reason, REBELLION!

-That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government,..(The Deceleration of Independence)

When one compares the list of grievances against King George, one can find the policies that Davis and the Democrats have inflicted on this state. It's time to go back to our roots.

Prediction: the Dems will have only Feinstein on the ballot, the GOP will nominate a handful of people from various parts of the party, and Feinstein will waltz to a huge victory this Fall in the recall. A huge negative for the GOP in California, since they won't be able to run "against" Davis' record next year in the presidential elections, or in the drive to unseat Barbara Boxer next year. Having Gray Davis in the statehouse was a huge asset for the GOP.

I was initially opposed to the recall effort, for the reasons stated in the article ("we had the chance in Nov. to rid ourselves of Gray Davis, and the people spoke -- returning him to office"), but have since changed my mind. Gray Davis is the most corrupt, dishonest, and coniving politician in America (or one of them), and a recall election is just what such a slimeball deserves.

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