[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.

[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."

[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.

[Saundra Duffy]

OMG!

[Brad’s Gramma]

bttt for later

[quietolong]

Now you know why they want your guns!)

[Ernest_at_the_Beach]

After a frantic day of legal and political maneuvering up and down the state, Senate President Pro Tem John Burton, D-San Francisco, scheduled a press conference for 11:45 a.m. today, when he is expected to disclose whether Bustamante's scenario can proceed.

I watched the Press Conference held by John Burton and I believe that this will not go forward. He says the commission was set up for very narrow issues and this isn't one of those!

Bustamonty needs another angle , perhaps he should put his name on the ballot!