Petition for Writ of Mandate Grey Davis v. Shelley

http://news.findlaw.com/cnn/docs/elections/davisvshlly80403pet.pdf

This is a good read. Most interesting is that it mentions Larry Flint!

nt

Davis wants the recall effort stopped, and has filed the following with the SCOC:

PETITION FOR WRIT OF MANDATE AND/OR PROHIBITION;
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF
THE COURT SHOULD POSTPONE THE ELECTION
EMERGENCY STAY REQUESTED
CRITICAL DATE: AUGUST 31, 2003


I had to post this very first P&A cause I love the legal citation. :evilgrin:

A. An October Election Will Violate the Equal Protection Rights of Millions of California Voters

The right to vote is protected in more than the initial allocation of the franchise. Equal protection applies as well to the manner of its exercise. Having once granted the right to vote on equal terms, the State may not, by later arbitrary and disparate treatment, value one person’s vote over that of another.
(Bush v. Gore (2000) 531 U.S. 98, 104-105.)

With those words, the Supreme Court of the United States held that the recount procedures adopted by the Florida Supreme Court in the last presidential election were not “consistent with its obligation to avoid arbitrary and disparate treatment of the members of its electorate.” (Bush v. Gore, 531 U.S. at 105.) Noting that “he problem inheres in the absence of specific standards to ensure . . . equal application” of Florida’s rule that a vote will be counted if it is possible to determine the intent of the voter, the Supreme Court held that “he formulation of uniform rules to determine intent . . . is practicable and, we conclude, necessary.” (Id. at 106.)

That citation is great.

He wants it stopped,
and/or merged with the March election,
and he wants to be able to run to succeed himself if its held.

took a while to read it through. its a very good case and may trun this recall thing on its head.

I still think that the suit stating that the Lt. Gov. takes over vrs. oneof the 300 on the ballot is the right way to go.