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Recall bid to land in court? In a letter released late in the day, the secretary of state's office told elections supervisors in all 58 counties that while they must keep a continuous count of signatures submitted in support of the recall, they can wait a month before validating those signatures. Some recall supporters threatened to sue, saying Secretary of State Kevin Shelley's interpretation is misguided and could delay until March an election that recall supporters hope to hold by late October or early November. A March election could give the Democratic governor the political advantage of a higher Democratic turnout expected for the presidential primary. "A judicial clarification appears to be required," said James Sweeney, a lawyer for the Recall Gray Davis Committee, one of three groups trying to remove Davis. "It's our view that the constitution requires a continuous count and validation and that it does so to prevent politically motivated officials from derailing, slowing down or stalling the certification of a recall petition." U.S. Rep. Darrell Issa of San Diego County, a Republican financing the recall drive and hoping to replace Davis, on Monday accused the governor and Democratic Party of pressuring Shelley. "We fully intend to make sure that he complies with the law," Issa said of Shelley. In an interview last week, Shelley hinted at Monday's opinion, saying a bipartisan group of lawyers unanimously had advised him that the counties may verify the signatures as they receive them, but that they aren't required to do so. "I'm proud that my election attorneys (are) all on the same page," he said. But the opinion could set off a partisan showdown. The campaign to remove Davis just months into his second term is being led by Republicans; Shelley, like Davis, is a Democrat. To hold a recall election, proponents must submit 897,158 valid voter signatures by early September. Recall supporters say they've already collected more than that number, but as of last week, election officials had reported receiving only about 376,000 signatures. "He (Shelley) has no policy justification for his sort of twisted interpretation of the statute other than a political motivation," said Thomas Hiltachk, a lawyer representing Rescue California, the group of recall backers financed by Issa. "Even if he takes this bizarre interpretation, my view is it's still going to qualify for a fall election anyway." At the same time, Hiltachk said he's hopeful local elections officials will verify signatures as they receive them. Candy Lopez, assistant registrar for Contra Costa County, said her county already has begun the verification process. But she acknowledged the recall law is confusing. "I could see where people could read the same thing and come to different conclusions," she said. "Sooner or later they're going to have to agree, or somebody's going to have to take somebody to court and have a judge decide what it means. Isn't democracy great?"
-------------------------------------------------------------------------------- About the Writer --------------------------- The Bee's Margaret Talev can be reached at (916) 326-5540 or mtalev@sacbee.com. Bee Political Editor Amy Chance contributed to this report.
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To Get Involved * For information on how to support the recall, contact Rescue California at (916) 443-6703 or www.rescuecalifornia.com; or contact People's Advocate at (916) 482-6175 or www.davisrecall.com * For information on how to oppose the recall, contact Taxpayers Against the Governor's Recall (formerly Taxpayers Against the Recall) at (213) 382-4111 or www.stoptherecall.com
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