[finnman69]

WOW!
11382. No vote cast in the recall election shall be counted for any candidate unless the voter also voted for or against the recall of the officer sought to be recalled.

[dogbyte12]

cbolt just mentioned that that part of the law was overturned. I am pouring through the code right now, and I can't find anything definitive on this one.

[goldstategop]

That was the one thrown out by a federal District Judge in San Diego awhile back.

[William McKinley]

Federal Judge Strikes Down Section Of State's Recall Law

""The courts continue to go our way," said Phil Paule, director of Rescue California Recall Gray Davis. "The other side has gone into court trying to throw a monkey wrench into the recall process. It's a victory for the process.""

[Cboldt]

On 30 July 2003, the United States District Court for the Southern District of California
held that Elections Code section 11382, which prohibits a voter who has not voted on the
first question from voting for a successor candidate, violated the First and Fourteenth
Amendments of the United States Constitution. (Partnoy v. Shelley, Case No. 03CV1460 BTM
(JFS), RJN, Exh. S.). Secretary of State Shelley does not intend to appeal the court's
decision.