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Recall foes filing suit


July 15, 2003

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the petitions, those petitions should not be considered," Kiesel said.

Taxpayers Against the Governor's Recall, a consortium of union forces supporting Davis, is not a plaintiff in the lawsuit but was involved in its preparation.

The deadline to submit signatures is Sept. 2, but the earlier signatures are validated, the greater the chances of an election this fall, as recall supporters want, rather than next spring.

Gilliard had hoped county elections officials would validate the needed signatures as early as next week, all but ensuring a fall election.

He said his organization checked records before submitting signatures to be sure each paid circulator was a registered California voter. It is irrelevant, he said, how long circulators had lived in the state prior to their work.

"This happens in every petition drive in California," he said. "There are people who migrate around the western United States. This is how they make a living."

"The courts have actually allowed people to register from park benches in California," Gilliard continued. "Homeless people can vote. People without addresses can vote. So if someone's living in a motel in California, that's a legitimate address."

Meanwhile, recall supporters point to a 1999 U.S. Supreme Court ruling that struck down a Colorado law requiring initiative circulators to be registered voters. The high court said that law violated the First Amendment.

California changed its own law to reflect that ruling, but applied the changes only to initiatives, not recalls.

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About the Writer ---------------------------

The Bee's Margaret Talev can be reached at (916) 326-5540 or mtalev@sacbee.com.



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