I've written about Davis' under-handed attempts to thwart the recall election previously, and via Drudge I see that he's setting up another legal challenge. Unless I'm misunderstanding the article, it appears that Davis wants the California Supreme Court to invalidate part of California's constitution.

Arguing that October's recall election would result in chaos, Democratic Gov. Gray Davis and his supporters say they will ask the California Supreme Court today to delay the vote until the March 2004 primary and also place Davis' name on the ballot. ...

In Davis' petition, his attorneys say that the governor should be allowed to have his name on the ballot as a replacement candidate -- separate from the issue of whether he should be recalled.

The Democrats are challenging part of a state constitutional provision that provides that if an elected official is recalled, the candidate who receives a plurality of votes will be the successor. But the law also states: "The (official) may not be a candidate."

"The governor has a right to be on the ballot," said Michael Kahn of San Francisco, one of the lawyers bringing the suit on behalf of Davis.

Of the 18 states that allow recall elections, California is one of only four states that bar the targeted officer from being on the ballot.

The California Supreme Court doesn't have the power to invalidate any part of California's constitution, and the only way this lawsuit could possibly succeed is if the court oversteps its bounds as the Nevada Supreme Court did last month.

Davis could have filed suit in the federal courts, which would at least have had the authority to invalidate parts of the state constitution -- although I doubt they would have had jurisdiction in this case, any more than they did in the Nevada case, which they refused to consider.



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