Santa Cruz County Elections
Special Statewide Election
October 7, 2003
September 15,2003 Appeals Court Decision
California Supreme Court Rulings on August 7, 2003 on the following Suits
(1) Frankel v. Shelley.
This case argues that the gubernatorial succession provisions of the state constitution
supersede the recall provisions of the Elections Code, and thus there should be no
replacement candidates on the ballot. Response by the defendant is due on August 4 at
noon. It is unknown whether there will be a hearing.
(2) Byrnes v. Bustamante (filed July 30)
Like Frankel, it argues that there should not be a second part of the recall ballot. It will probably be decided together with Frankel. Barry Keene is one of the plaintiffs. The Lt. Governor's response is due on August 4 at noon. Ruling: Denied, Unanimous decision.
(3) Burton v. Shelley (filed July 30)
It generally challenges the nomination requirements for successor candidates. It is
based on Elections Code section 8000, which says the nomination provisions of that chapter
do not apply to recall elections. SOS response is due on August 4 at noon.
(4) Eisenberg v. Shelley.
This case argues that the two initiative measures (Prop. 53 and 54) should not appear
on the recall ballot because the recall is not a special election. SOS response is due on
August 4 at noon. It is unknown now whether there will be a hearing.
Partnoy v. Shelley.
This San Diego federal case challenged Elections Code section 11382 requiring voters to
cast a "yes" or "no" ballot on the recall in order to be able to vote
on for a successor.
Robins v. Shelley.
Costa v. Shelley.
This case is the flipside of the Robins lawsuit. It seeks a declaration and injunction against the counties and SOS invalidating signatures on a recall petition based on the fact that the petition circulator was not a validly registered voter.
(8) Recall Gray Davis Committee v. Shelley (Kaloogian).
Court of appeal dismissed as moot the challenge to SOSs interpretation of Elections Code section 11104(a) verification of signatures and reporting by counties.
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