Leno: This is funny: 49.9% pick Davis; 1% pick Arnold and Arnold Wins

[FullCountNotRecount]

Talk about American Democracy being the shining beacon for the world!

[ljm2002]

1. Why don't more people notice this?

It is this factor that, in my opinion, makes the recall challengeable on constitutional grounds (state and/or federal): the recall is one thing, and voting for a replacement is another. In the present situation, if the recall passes, then the eventual winner doesn't need to get anything near a majority of the votes in order to be elected. And that on its face is unconstitutional.

[bowens43]

5. No , it's not unconstitutional.

It's a state election and this procedure IS part of California's Constitution.

[FullCountNotRecount]

7. Has it ever been challenged in Supreme Court?

My point is that you could get less than 1% and win. Then there'd be another recall and another and another. It's not fair and not what the founding fathers intended. They wanted a Constitutionally-limited Democratic Republic. They didn't want the voters running to the polls every week when they change their minds.

[Robin Hood]

9. I think the real question is,

Does Davis meet any of the criteria for the re-call? He is not insane, he has not been caught in a crime, He IS fit to serve his term as Governor.

I believe that the recall had conditions attached to it that no one has talked about. A bad economy is not one of those conditions.

[bowens43]

11. Their is no criteria other then a sufficient number of signatures.

CALIFORNIA CONSTITUTION
ARTICLE 2 VOTING, INITIATIVE AND REFERENDUM, AND RECALL


SEC. 14. (a) Recall of a state officer is initiated by delivering
to the Secretary of State a petition alleging reason for recall.
Sufficiency of reason is not reviewable. Proponents have 160 days to
file signed petitions.
(b) A petition to recall a statewide officer must be signed by
electors equal in number to 12 percent of the last vote for the
office, with signatures from each of 5 counties equal in number to 1
percent of the last vote for the office in the county. Signatures to
recall Senators, members of the Assembly, members of the Board of
Equalization, and judges of courts of appeal and trial courts must
equal in number 20 percent of the last vote for the office.
(c) The Secretary of State shall maintain a continuous count of
the signatures certified to that office.

[Robin Hood]

12. Hmmm, I thought that there had to be extraneous circumstances.

But if there is no good reson to recall other than the fact that you lost, then I think that won't pass constitutional muster if brought up before the supreme court.

[ljm2002]

23. But this is not just a recall...

...it's a recall-plus-election with over 135 candidates! And the statute you cite says nothing about how the successor is chosen -- who came up with the current brilliant plan? I'm guessing that it could be challenged on California Constitutional grounds.

[bowens43]

10. The founding fathers have would have nothing to say .

It's a state issue, not a federal issue. The federal government has nothing to say about how the states chose a Governor. If the state Constitution said to chose a Governor by throwing a dead chicken out the window of the capital and seeing who it hits, from a federal point of view, it would be constitutional.

The ninth Circuit court shouldn't have stopped the recall vote just as the supreme court shouldn't have become involved in the florida election mess. Elections fall entirely in the realm of states.

The 10th Amendment:

Amendment X - Powers of the States and People. Ratified 12/15/1791. Note

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people

No where in the Constitution is the United States given the power to control how a state chooses it's Governor.

Don't get me wrong, I think the whole recall thing is ridiculous and inherently unfair, but IMO it isn't unconstitutional.

[Yupster]

18. Until the Civil War,

South Carolina never had a vote for president.

The Legislature just named a slate of electors who voted.

Completely Constitutional, and it would still be today.

[FullCountNotRecount]

21. Supremes Invalidated CO election which allowed Gay discrimination?

Or am I mistaken?

[FullCountNotRecount]

22. CA law prohibits noncitizens being paid to pass petitions

So the law is not being strictly adhered to because Issa hired many out-of-staters.

[dobak]

2. stupid idiot

Leno stopped being funny years ago

----

Just wait until the recall election

There will be a shit storm if Davis is recalled but a Republican wins with a smaller % than voted to keep Davis.

[joeybee12]

3. I think people are realizing how awful the alternatives are

Also, more people see how easily some schmuck can get in wiht about 20% of the vote.

[Swede]

4. If a repuke wins be sure and start a recall

all's fair in love and war.

[mitchtv]

16. Don't worry Swede, that is set in stone

the very next day.

[oasis]

6. Leno is is a Dennis Miller(cutting edge) wannabe

with an overwhelming amount of Jay's material cutting at Democrats. :puke:

[_Wayne_]

13. Leno jokes equally about both sides

He mentions the stolen election quite a bit. Leno may not be particularly funny, but he does give it to both Dems and Repubs; nowhere close to Dennis Miller, a neocon sellout shit licking piss ant.

[oasis]

14. Leno still cracking Bill Clinton/ Monica "jokes" despite a wealth of Bush

subject matter.

[mitchtv]

15. sorry wayne, I haven't noticed anything equal about Leno

but thats only my opinion, I could be wrong

[Scaramouche]

8. What people don't realize is that anyone could win and it would be legal.

We've all heard the urban legend how Mickey Mouse is the most popular write-in cadidate.

Chech out some of these folks:

http://www.techtv.com/unscrewed/specials/story/0,24682,3521969,00.html

[Yupster]

17. The law to me is obviously flawed, but

I really don't hear anyone talking about changing it after this mess is over.

[Skittles]

19. what is NOT funny, Leno -

is that digusting hacks like YOU help make it happen.

[Bertrand]

20. Leno isnt funny

not because he bashs Clinton or Dems, but because his material is stale and obvious.