Three Separate Legal Challenges Mounted to California's Recall

[papau]

http://ap.tbo.com/ap/breaking/MGAQMZ34QID.html

Jul 29, 2003
Three Separate Legal Challenges Mounted to California's Recall Election Process
By David Kravets
Associated Press Writer

SAN FRANCISCO (AP) - As the clock ticks toward the state's first gubernatorial recall election, three separate lawsuits are challenging the way California plans to carry it out. Meanwhile, an adviser to actor Arnold Schwarzenegger said he is leaning against running.

A hearing was set for Tuesday in a San Diego federal court regarding the way voters would choose a successor to Gov. Gray Davis.
The recall law demands voters choose "yes" or "no" on whether to recall Davis before becoming eligible to choose a successor listed on the same ballot. The challenge by University of San Diego School of Law professor Shaun Martin and other legal scholars says the process unconstitutionally compels voters to choose on one matter to gain eligibility for another. "A voter may have no desire to vote regarding whether to recall Gray Davis but nonetheless feel strongly - and wish to vote - about the identity of the new governor of the state of California," Martin said. The California attorney general's office supports the requirement....Pending the outcome, legal experts expect confusion at the polls when Davis' fate is decided Oct. 7. <snip>

... two separate elections challenges were filed Monday with the California Supreme Court, which has yet to act on them. If one of the petitions, filed late Monday, is successful, the San Diego federal case may become moot. James Frankel, a retired attorney, is asking the justices to block potential names of successors from appearing on the ballot. He says the California Constitution demands Lt. Gov. Cruz Bustamante to serve the remainder of Davis' term if the recall is successful. <snip>

The third point of legal contention is whether two ballot initiatives, which are not related to the recall, should allowed on the Oct. 7 ballot.
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Associated Press writer Erica Werner in Los Angeles contributed to this report.

[Cronus Protagonist]

1. Hahahah I hope Bustamante has to replace the governor

That will take the steam out of the neo-cons temper. They'll pretty much abandon the effort, I bet :)


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[umcwb]

2. Locking - Dupe

Please continue here:
http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=102&topic_id=39803&mesg_id=39803&listing_type=search




Thanks,
UMCWB
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