As most of you have heard California will be holding a recall election to decide whither or not to recall Governor Grey Davis (Democrat). The recall election has been pushed by a group of right wing Republicans who've dug up a s century old state law dealing with the removal of corrupt politician from office. So far no one, not even the Republicans, has alleged any corruption has taken place yet the recall election is now set to go ahead any way and Republicans across the state are now rejoicing at the prospects that they could take over the Governor’s Mansion just one year after losing a general election.
The Democrats are down but they aren't out yet. In fact the Governor’s office has launched a complex legal challenge claiming that even if the governor was recalled the standing Lt. Governor would assume the office of Governor (as detailed in the state's law dealing with who takes over if the Governor can no longer lead the state) instead of who ever wins the Republican backed replacement election. Davis's lawyers point to a provision of the recall law in which it says a new election for governor will be held "if appropriate". Davis is arguing that a new election would not be appropriate since there is a duly elected legal successor pre the state's successor law.
It sounds complex but legal scholars give the governor’s suite a more then 50-50 chance of success; not that it would insure Davis's political survival but it just might block Republican hopes of stealing the election they lost last year.
The Democrats are down but they aren't out yet. In fact the Governor’s office has launched a complex legal challenge claiming that even if the governor was recalled the standing Lt. Governor would assume the office of Governor (as detailed in the state's law dealing with who takes over if the Governor can no longer lead the state) instead of who ever wins the Republican backed replacement election. Davis's lawyers point to a provision of the recall law in which it says a new election for governor will be held "if appropriate". Davis is arguing that a new election would not be appropriate since there is a duly elected legal successor pre the state's successor law.
It sounds complex but legal scholars give the governor’s suite a more then 50-50 chance of success; not that it would insure Davis's political survival but it just might block Republican hopes of stealing the election they lost last year.

Comment