Legal Question about the California recall

[MoonGod]

I know Gray Davis can't appear on the ballot, but can he be (re)elected as a write-in candidate? Or is that just a throwaway vote?

[JackSwift]

1. I think that Charles Manson

or at least Geronimo Pratt would add some flavor to the race.

[VoteClark]

2. It would be a wasted vote

I mean, it would be kinda funny to have 60% of the population vote to knock you out of office and 10% vote you back in the same day. :)


J4Clark

[MoonGod]

3. So, you're saying that votes for Gray Davis won't be counted at all?

Or you just think it's a wasted vote because he probably won't win?

[REP]

4. Voting "No" To Recall is Voting "Yes" for Davis

So when you cast your "no" ballot, you are voting for him, and a recent ruling allows us to also vote for a replacement. Who knows who will end up running, but I'm voting against recall (or Yes for Davis) and plan to also vote for the Dem with best chance of winning - as of today. Who knows what will be happening by October, but I'm definitely voting NO on the recall.

[MoonGod]

5. Well, I'm talking about 2 different things...

... and I'll explain using a hypothetical situation:

Davis loses the recall 49-51%

On the second half of the ballot, the votes are split among 9 candidates who each get 10% of the vote, except for Davis who gets 20% as a write-in.

Voila! Even though Davis lost the recall, he's still our elected governor.

But what I'm unclear on is if writing in Davis is even an option.

Anybody here who can add clarity?

[REP]

7. Ah. That's Not Allowed

He can't run in the election.

[Democat]

6. Here is a link to the recall details, including the CA Constitution

I don't see where your question is specifically addressed, but it appears to say that Davis can't be a candidate, not just that he can't be on the ballot.

http://www.igs.berkeley.edu/library/htRecall2003.html

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


SEC. 15. (a) An election to determine whether to recall an officer
and, if appropriate, to elect a successor shall be called by the
Governor and held not less than 60 days nor more than 80 days from
the date of certification of sufficient signatures.
(b) A recall election may be conducted within 180 days from the
date of certification of sufficient signatures in order that the
election may be consolidated with the next regularly scheduled
election occurring wholly or partially within the same jurisdiction
in which the recall election is held, if the number of voters
eligible to vote at that next regularly scheduled election equal at
least 50 percent of all the voters eligible to vote at the recall
election.
(c) If the majority vote on the question is to recall, the officer
is removed and, if there is a candidate, the candidate who receives
a plurality is the successor. The officer may not be a candidate,
nor shall there be any candidacy for an office filled pursuant to
subdivision (d) of Section 16 of Article VI.