What happens if Davis resigns?

[jplvr]

So I'm bored as hell driving back into town and I decide to listen to Rush for a while. Don't ask me why I do it; he tends to get my heart rate up so I guess I use him to wake me up at times.

Anyhoo, he was saying that there was probably never going to be a special election because all Davis has to do is resign to assure that a Democrat would remain in the Govenor's house.

Is this true?

[Webster Green]

1. NO!!!!!!!!!!!!!!!!

eom

[slackmaster]

2. Nope

The Elections Code specifies that once the petition for a recall election has been certified the election shall proceed.

[DeathvadeR]

4. What the hell////

What happened to the guy under him??

[slackmaster]

16. Do you mean under Rush or under the Governor?

I didn't even know Rush was gay. :)

But if the Governor resigns now, Lieutenant Governor Cruz Bustamante, a Democrat who yesterday announced he was a candidate for replacement Governor, would take over the duties of the office until a replacement is sworn in.

[jplvr]

6. Thanks

Thought it was B.S., but Rush believes the crap that comes out of his mouth so much that he can get you to believe it as well.

[DeathvadeR]

3. True......

And for God sakes, thats better what he fuqin does.

[mdmc]

5. True

The recall would end. Lt. Gov. would take control. The "recall" would be successful (Davis out of office).

[jplvr]

7. So which is it

I'm more confused now than when I started this.:dunce:

[Shrek]

8. This has been discussed in numerous threads already.

Here is a recent one.

[DeathvadeR]

10. im trying to figure it out now.. n/t

[Demobrat]

The way I understand it is

that if the office of governor becomes vacant for any reason,including resignation, the lieutenant governor automatically steps into the position. At that point the recall becomes moot because the target is gone. I hope it happens.

[Terwilliger]

11. INCORRECT!

The recall will still go forward even if Davis resigns

[SeattleDem]

19. yup, then Bustamante could be recalled

I saw some lawyer on TV explaining it. Even if Davis stepped down now, Bustamante would become governor, but the recall would still be in effect and now it would apply to Bustamante instead.

[Terwilliger]

9. that is incorrect

The recall will go forward whether Davis is in office or not

I think Rush is trying to play down the recall because he and the other nutballs think AHH-nold's too liberal.

[jplvr]

12. Sorry

Got in a hurry skimming over the titles of recent threads and must've skipped.

Apologies.

[Terwilliger]

14. no worries

but there have been many many many threads explaining California law :D

[Capn Sunshine]

13. OK

Legally, THE ELECTION MUST PROCEED ONCE CERTIFIED.

However, the process would be moot: The recallee is no longer a member of the State Government. What would happen if the recall proposition wins?

THEN we have a (no pun intended) Gray area. Constitutional crisis as it were.


I suppose the case would go to the Supremes, who are loath to comment or rule on elections, unlike the Fedearl Version

[slackmaster]

17. It would be moot only as far as Gray Davis is concerned

If the recall measure were to pass, a replacement Governor would still be chosen.

[DeathvadeR]

15. Who knows everyting is so damn confussing thses days....

Fine print and astricks on fuqin everything..... Appearantly it seems that Davis waited too long. what a dummy.....

Hey maybe we can REcall BUSH??????

[slackmaster]

18. Davis has been in denial

And so have Democratic Party leaders.

Throughout the petition drive we kept hearing about how it would be IMPOSSIBLE for them to gather enough signatures.

When they were turned in back in early July, we kept hearing how SURELY too many of the signatures would be found invalid.

Then we started hearing about how this lawsuit or that lawsuit would stop the recall because a little birdie told us the Issa people had used non-California voters as petition gatherers.

And all along Gray Davis has been sure none of this would happen, or that if it did he could beat the recall.

Democrats up and down the state and in DC cried "We must not play by THEIR rules! Nobody should oppose Davis." And the labor unions threatened to punish any politician who dared to become a candidate for replacement governor.

Then everyone started realizing that this was real, that Davis just might go down, so maybe we'd better pick a credible Democrat to run JUST IN CASE.

And then the one right decision happened: The right guy, Cruz Bustamante, declared himself a candidate. But John Garamendi hosed us on that one.

And on and on. I'm getting one hell of a Cassandra complex.