CA: Obscure panel could be thrust into key role -- and a firestorm

Sac Bee ^ | 7/24/03 | Gary Delsohn

[NormsRevenge]

Democrats may have lost the battle over whether Gov. Gray Davis must stand before voters in a historic recall election, but they were zeroing in Wednesday on a politically charged legal strategy that could preclude voters from picking his successor if Davis gets tossed from office.

[NormsRevenge]

Ping

[mvpel]

The problem here is that Bus-boy has a decent case for his proposition. The Constitution states in Article 5, Section 10:

The Lieutenant Governor shall become Governor when a vacancy occurs in the office of Governor.

In legalese, "shall" is mandatory language, as opposed to "may." Section 5 states "unless the law otherwise provides," the governor can appoint a replacement for an office until a successor qualifies, and Section 10 is the "otherwise provides" for the governor's office.

And also, Section 5 spells out the replacement details for state-level offices like the Lieutenant Governor, Secretary of State, Controller, Treasurer, or Attorney General - even those are elected offices the replacement procedure is that the governor appoints and the legislature confirms within 90 days. So, we may wind up with Governor Bus-boy.

[Carry_Okie]

A recall is not a simple vacancy, which is why the State Constitution makes provision for election of a successor.

IMO, this is quite simply the slimy move it appears at first to be. It would be interesting to research what was on the ballot in prior recall elections where there was a Section 5 process for usual vacancies.

If I am faced with the question of recalling Davis and getting Bustamante or keeping him as a wounded king, it would probably be the latter.

[mvpel]

IMO, this is quite simply the slimy move it appears at first to be. It would be interesting to research what was on the ballot in prior recall elections where there was a Section 5 process for usual vacancies.

The thing is, we're in uncharted territory now - there's never been a successful ballot-placement of a recall of a statewide constitutional office before.

[Carry_Okie]

On that I am not at all certain. I thought there had been in the 20s, but that it was unsuccessful.

[NormsRevenge]

1921 .. North Dakota,, Gub Frazier.

[mvpel]

It depends on how the provisions of the North Dakota and California Constitutions compare, of course.

[Carry_Okie]

I am speaking specifically to a recall attempt under California law.

[Congressman Billybob]

As usual, the lamestream media misses the heart of the story. There is a sound reason for the words "if appropriate" in the California Constitution. Judges can be recalled from the bench under the Constitution. But, replacement judges are NOT elected; they are appointed and confirmed. So the "if appropriate" language obviously applies to offices for which no successor can be elected, because elections do not apply TO THAT OFFICE.

Fortunately, a majority of the current California Supreme Court were appointed by Republicans. And, that Court is aware of the voters' choice to remove from that bench former Chief Justice Rose Byrd and two of her colleagues, for consistently voting the lib-Dem line on death penalty cases. (That's two more relevant pieces of information not contained in this article.)

Bottom line: I expect the Democrats and bureaucrats to do the right thing and put the would-be replacement candidates on the ballot. I expect them to do that not because they want to, but because they correctly expect the California Supreme Court to slap them down fast and hard if they do not do that. Which would result in embarrassing those Democrats and damaging if not destroying their own political careers.

Shelly, the Secretary of State, appears to have gotten the message already. He's the guy who's charged with preparing the ballot. And he intends to put the replacements who timely file, on that ballot. The Gubernatorial Commission would be a collection of fools to attempt to mess with that. And the Cal SC will let that stand.

Game, set and match to the good guys.

Congressman Billybob

Latest article, now up FR, "Sixteen Little Words."

[mvpel]

Sorry, I should have specified "never been a successful ballot-placement of a recall of a statewide constitutional office in California before."

[NormsRevenge]

No problem, This will be the first successful Recall in California. WooHooo!!!

[NormsRevenge]

What is it, 31 times before Recalls have been mounted in California, but never succeeded.. Try TRy Again. 32 is a charm ;-)

[NormsRevenge]

It's the old leave no legal option or distraction untried or untested. The demRats are shameless. But we all know that . ;-)

[taxcontrol]

I would submit to you that Davis is in charge until the election. If there are not enough votes to recall, he remains in charge. If there are enough votes and a sucessor is elected, the Lt Gov is in charge until the new Gov takes office.

[mvpel]

We'll see what the California Supreme Court says, I guess.

[randita]

And in San Diego, a law professor at the University of San Diego School of Law went to federal court to block the recall because, he said, some voters will be disenfranchised by the process. Professor Shaun Martin said the portion of election law that allows voters to select a replacement candidate only if they vote yes or no on whether Davis should be recalled violates the federal Constitution.

I think I'll become ill. Democrats are bound and determined to make this a Florida 2000 repeat.

[NormsRevenge]

His logic is so warped,, I am speechless (well, almost ;-) )

I don;t see any disenfranchisement at all, if anything the Recall statute is too generous to those who Vote No to the Recall, but then are still allowed to cast a vote for a replacement. That, to me , at least, seems like a double dip effect, but..

The courts will knock every nonsensical appeal down.. or pay a price themselves if they sucker into such arguments. imo

[Ernest_at_the_Beach]

calgov2002:

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calgov2002: for new calgov2002 articles. 

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[NormsRevenge]

Rex Babin Sac Bee cartoon of the day