Reply #39: Answering my own post, a federal judge ruled otherwise

[IndianaGreen]

I dont' know if this decision has been appealed.

Wednesday, July 30, 2003, 12:00 A.M.
Judge rules California recall ballot open to all voters

By Seth Hettena
The Associated Press

SAN DIEGO — California voters will be allowed to cast a ballot for a potential successor to Gov. Gray Davis even if they do not vote on whether he should be removed from office, a federal judge ruled yesterday in striking down part of California's recall law.

Under state law, voters could choose "yes" or "no" on whether Davis should be recalled. Only voters who cast a "yes" or a "no" could then choose a potential successor from a list on the same ballot. The recall election is scheduled for Oct. 7.

In his ruling, U.S. District Judge Barry Moskowitz shot down the part of the law that said voters who did not answer the first question would not have their votes on the second question tallied. He sided with plaintiffs who said the process unconstitutionally compels voters to choose on one matter to gain eligibility for another.

"Every voter, whether they voted for or against that recall, has a paramount interest in choosing the person who will govern them," Moskowitz said.

http://seattletimes.nwsource.com/text/2001313052_recall30.html