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Reply #8: This raises a question for me [View All]

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Ivory_Tower Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Aug-08-03 08:38 AM
Response to Reply #4
8. This raises a question for me
According to 11302, if Davis resigned now, then Bustamante would become the governor, and the recall would proceed.

Now, is the recall vote against the PERSON (i.e., Davis) or is it against the current officeholder (in this scenario, Bustamante)? The reason I'm asking is that 11382(c) says that nobody being recalled can be a candidate to succeed himself. If the the law is interpreted to mean that the current officeholder is being recalled, then Bustamante could not succeed himself (even though he's on the ballot).

I'm hoping the recall law has been interpreted to mean that it's against the person, then. (Otherwise, Davis should NOT resign now, for Bustamante's sake.) Does anyone know if that's the case?

(p.s. Hope I'm spelling Bustamante's name right. :) )
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