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August 13, 2003
CA Recall | Davis Files Recall Lawsuit

This is a bit dated, but when it occurred I refrained from posting it. Gov. Gray Davis has filed a law suit seeking to delay the California recall election until March and to fix alleged weaknesses in the recall election law. All so that the CA election of 2003 doesn't make the Florida election of 2000 look like a "cakewalk".

On the October 7th ballot, voters will have to answer two questions. A) Should Gov. Davis be recalled and (B) Who should relpace him. The alleged weakness is that the first question is a yes/no question which requires a strict majority. Question B has an unlimited range of choices requiring one only to receive a plurality in order to win. Davis' contention is that it is unfair and "unconstitutional" that he could have 49% of the votes on the first question, but still be replaced by someone with a mere 20% on the second question. So
Its certainly a creative argument but it doubtful it will get very far.

Davis also wants to move the election to March claiming it will save the state millions of dollars



Posted by Mike Van Winkle at August 13, 2003 08:17 AM | TrackBack
Comments

So what’s the over/under on Davis? Do you REALLY think he’s going to get 49%? The way the recall is set up, there’s a very good chance the winner will have fewer total votes (say 20% to 21%) than Davis, and that may seem “unfair”, but how is it “unconstitutional”? Ignoring for a moment the Californian constitution (I’m assuming he’s referring to the US Constitution), there is no requirement for a plurality of the vote.

Put it another way: Davis is still in the running until he drops below 50% on Question 1. If he hits 49% on Question 1, he’s FINISHED. Like most politicians who see the handwriting on the wall, he doesn’t want to go down without a struggle. If he’s history on Question 1, it doesn’t matter if the winner on Question 2 takes 10% of the vote. This is the way the recall has been structured since the 1800’s and no one’s complained - until now. It behooves politicians to repeal laws which don’t make sense - least they be hoisted by their own petard.

Sunsetting and repealing laws is just as important as writing them, but you wouldn’t know by watching Washington (or Sacramento, for that matter). A stupid law reflects badly on the stupid people who wrote it and the people who are forced to enforce it.

Speaking of which, the FCC wants everyone in CA to turn in their personal copies of Terminator (even the boxed sets) until after the election. It’s not fair until all 247 candidates have their own blockbusters.

Right?

Posted by: torpedo_eight at August 13, 2003 04:28 PM

T-8 - I don’t want to see MissCarey’s Blockbuster, or her BallBuster. Miss Behavin’ is another story. Well, I take that back, because I have a personal ‘distaste’ for the entire PornThing. Top to Bottom, if you get my drift. It’s as bad for women as Islam. Butt… ‘Nough said. I made my point. I think. Tellin’ folks not to watch a BlockBuster like the ‘Terminator’, is way too steep for logic in my book. Don’t you watch it, like, once a week at least?

Posted by: Cap'n SPIN at August 13, 2003 04:46 PM

“Potentially good sex is a small price to pay to be able to spend money on the things I want.”

If you can tell me where I pulled that quote, we have an interesting argument ahead of us.

Posted by: TBox at August 14, 2003 11:22 AM

TBox,

Mae West?

Posted by: Elvis at August 15, 2003 01:58 AM

TBox - If you feel that way, how about hittin’ the PornIndustry up for a lift? Heh…

Posted by: Cap'n SPIN at August 15, 2003 10:39 AM

T-Box:

Kobe?

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