Subject: news of the day 7/28/03
From: Rick Hasen
Date: 7/28/2003, 9:56 AM
To: "election-law@majordomo.lls.edu" <election-law@majordomo.lls.edu>
Reply-to:
rick.hasen@mail.lls.edu

Susan Estrich column on "as appropriate" theory It is available here.

Oped on recall by Professors Martin and Partnoy See this New York Times oped, on the San Diego federal litigation over the format of the recall ballot.

"California's Recall Election Likely to Bring Spending Frenzy" See this report, originally appearing in the Los Angeles Times.

Mistaken column on recall law This oped by Harley Sorenson in the San Francisco Chronicle asks Governor Davis to resign to prevent the recall, allowing the Democratic Lt. Governor, Cruz Bustamante, to take over. To add a twist, Sorenson suggests, "Davis could resign, Bustamante would take over, Bustamante would then appoint Davis as his lieutenant governor and then resign himself, propelling Davis back into the governor's chair. Davis could then appoint Bustamante lieutenant governor, and everything would be back to what the voters decided last November." Though noting potential term limits problems, Sorenson ignores the particular provision of the Elections Code that provides the recall election goes forward once the recall petitions have been filed. Though there was some dispute over precisely when "filing" took place, it certainly took place by last week when the Secretary of State certified the recall election. So Sorenson's idea simply cannot work.

In today's Roll Call Today's Roll Call features this story (registration required), entitled "CFR Backers’ Next Goal: Free Air Time." There is also this oped by Federal Election Commission chair Ellen Weintraub entitled "FEC Reform Would Enshrine Partisanship."

Dan Weintraub is reporting.... that Arnold Schwarzenegger had decided not to run for governor. See the story here.
"Fresh Hope for Fat Cats" The New York Times offers this editorial opposing the nomination to the Federal Election Commission of Robert Lenhard.

"McCain-Feingold opponents fight for time in court" The Washington Times offers this article on attempts of the main plaintiffs' groups to exclude three other plaintiffs' groups from oral argument. Interestingly, the article fails to mention the Adams plaintiffs, who also have a different position from those of the main plaintiffs' groups.
-- 
Professor Rick Hasen
Loyola Law School
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