FindLaw Legal News: Special Coverage: California Recall Election

AP - Gubernatorial Election News

RESULTS FROM CALIFORNIA STATEWIDE SPECIAL ELECTION, OCTOBER 7, 2003:

Shall GRAY DAVIS be recalled (removed) from the office of Governor?
100.0 % ( 15235 of 15235 ) precincts reporting as of Oct 13, 2003 at 10:29 am
Votes Percent
Yes	4,536,262	55.3

No	3,668,076	44.7

For Additional Information Click Here For the California Secretary of State's Website

CASES FILED IN FEDERAL COURTS:

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UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Southwest Voter Registration Education Project, et al. v. Kevin Shelley, Cal. Sec'y of State (Case No. 03-56498)

Opinion (Recall Reinstated by 11-judge, En Banc panel) (Sep. 23, 2003) [PDF File]
Audio of Oral Arguments [Transcipted Streaming Audio] [MP3 (50 MB)] [WMA (10 MB)] (Rehearing En Banc) (Sep. 22, 2003) You will need RealAudio Player to listen to the streaming audio version. Click here to download free RealOne Player. You will need Windows Media Player to listen to the WMA version. Click here to download free Windows Media Player
Order (Rehearing En Banc Granted) (Sep. 19, 2003) [PDF File]
Order (Order Allowing Videotaping of En Banc Hearing) (Sep. 19, 2003) [PDF File]
Order (Hearing Time set, 11-Judge Panel Named) (Sep. 19, 2003) [PDF File]
Appellee Secretary of State's Letter Brief (Sec'y of State's Request for En Banc Review) (Sep. 17, 2003) [PDF File]
Appellants' Letter Brief (ACLU's Opposition to En Banc Review) (Sep. 17, 2003) [PDF File]
Intervenor-Appellee's Brief (Brief of Ted Costa in Support of En Banc Review) (Sep. 17, 2003) [PDF File]
Amicus Curiae Letter of Richard L. Hasen (Sep. 17, 2003) [PDF File]
Los Angeles County's Motion to File Amicus Brief (Sep. 17, 2003) [PDF File]
Amicus Curiae Letter of Bill Jones (Sep. 17, 2003) [PDF File]
Letter of Sacramento County Registrar of Voters (Sep. 17, 2003) [PDF File]
Order (Recusing Judges Reinhardt and Wardlaw) (Sep. 16, 2003) [PDF File]
Order (Requesting briefing on whether to hold En Banc hearing) (Sep. 16, 2003) [PDF File]
Order and Injunction (District Court Reversed, Secretary of State enjoined from holding election on Oct. 7) (Sep. 15, 2003) [PDF File]
Audio of Oral Arguments (Sep. 11, 2003) (15 MB) You will need Windows Media Player to listen to these arguments. Click here to download Windows Media Player
Appellants' Letter (Letter from ACLU pursuant to Fed. R. App. P. 28(j) directing court's attention to Idaho Coalition for Bears, et al., v. Cenarussa, No. 02-35030, slip op. 13125 (9th Cir. 2003) [PDF of case]) (Sep. 10, 2003) [PDF File]
Intervenor-Appellee's Brief (Opposition of Ted Costa) (Sep. 4, 2003) [PDF File]
Appellee's Brief (Opposition of Calif. Secretary of State) (Sep. 4, 2003) [PDF File]
Order (Expedited Hearing Granted; Briefing Schedule Set) (Aug. 28, 2003) [PDF File]
Motion to File Amicus Brief and Amicus Brief (Prof. Richard Hasen's Request to File Friend of Court Brief Supporting Appellants) (Aug. 27, 2003) [PDF File]
Appellants' Opening Brief (ACLU's Appeal from Judge Wilson's Refusal to Delay Recall Election Based on Use of Punchcard Ballots) (Aug. 26, 2003) [PDF File]
Ninth Circuit Court Staff's Case Summary [PDF File]

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA (Los Angeles)

Southwest Voter Registration Education Project, et al. v. Kevin Shelley, Cal. Sec'y of State (Case No. 03-CV-5715)

Order Denying Application for Temporary Restraining Order (Judge Wilson's Decision Not to Delay Recall Election) (Aug. 20, 2003) [PDF File]
Opposition to Motion for Temporary Restraining Order (Secretary of State's Opposition to ACLU's TRO motion) (Aug. 15, 2003) [PDF File]
Brief of Amicus Curiae Ted Costa in Opposition to Motion for Temporary Restraining Order (Amicus Brief in Opposition to ACLU's TRO motion, Declarations included) (Aug. 15, 2003) [PDF File]
Memorandum of Points and Authorities in Support of Exp Parte Application for Temporary Restraining Order (ACLU's TRO motion) (Aug. 7, 2003) [PDF File]
Complaint (Suit Against Use of Punch Card Voting Machines) (Aug. 7, 2003) [PDF File]

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA (San Jose/San Francisco)

Aurelio Salazar, et al. v. Monterey County, California, et al. (Case No. 03-CV-3584)

Order Denying Motion for Preliminary Injunction Without Prejudice and Conditionally Dissolving Temporary Order Restraining Mailing of Overseas Ballots (Order of Three-Judge Panel) (Sep. 5, 2003) [PDF File]
Order Setting Further Hearing for Preliminary Injunction (Order of Three-Judge Panel) (Aug. 29, 2003) [PDF File]
Response to Order to Show Cause: Opposition to Motion for Preliminary Injunction (Sec'y of State's Opp'n to Motion for Prelim. Injunction) (Aug. 27, 2003) [PDF File]
Order Designating U.S. District Court Comprised of Three Judges (9th Cir. Chief Judge Schroeder Designates Judges Callahan and Whyte to Sit with Judge Fogel) (Aug. 22, 2003) [PDF File]
Judge Fogel's Request for Designation of Three Judge Panel (Letter from Judge Fogel to Chief Judge of 9th Cir.) (Aug. 21, 2003) [PDF File]
First Amended Complaint (Voting Rights Action) (Aug. 21, 2003) [PDF File]
Temporary Restraining Order (Temporarily Restraining Monterey Co. from Issuing Absentee Ballots) (Aug. 15, 2003) [PDF File]
Opposition to Application for Temporary Restraining Order (Sec'y of State's Opp'n to TRO App.; Includes Appendices) (Aug. 14, 2003) [PDF File]
Request for Judicial Notice (Sec'y of State's Request for Jud'l Not. Supporting Opp'n to TRO App.) (Aug. 14, 2003) [PDF File]
Declaration of John Mott-Smith (Decl. of Chief of Elections Supporting Opp'n to TRO App.) (Aug. 14, 2003) [PDF File]
Declaration of Priscilla Smith (Decl. of Mgr. of Election Prep. Div. of L.A. Co. Registrar Supporting Opp'n to TRO App.) (Aug. 14, 2003) [PDF File]
Ex Parte Application for Temporary Restraining Order (Includes Brief in Support) (Aug. 1, 2003) [PDF File]
Complaint (Voting Rights Action) (Aug. 1, 2003) [PDF File]

Juan Oliverez, et al. v. State of California, et al. (Case No. 03-CV-3658)

Order Designating U.S. District Court Comprised of Three Judges (9th Cir. Chief Judge Schroeder Designates Judges Callahan and Whyte to Sit with Judge Fogel) (Aug. 22, 2003) [PDF File]
Temporary Restraining Order (Temporarily Restraining Monterey Co. from Issuing Absentee Ballots) (Aug. 15, 2003) [PDF File]
Motion for Temporary Restraining Order (Includes Brief in Support) (Voting Rights Action) (Aug. 7, 2003) [PDF File]

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA (Fresno/Sacramento)

Dolores Gallegos, et al. v. State of California, et al. (Case No. 03-CV-6157)

Complaint (Voting Rights Action) (Aug. 25, 2003) [PDF File] (3.5 MB)

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA (San Diego)

Frank Partnoy, et al. v. Kevin Shelley, Cal. Sec'y of State (Case No. 03-CV-1460)

Order Granting in Part And Denying In Part Judgment on the Pleadings, Aug. 21, 2003 [PDF File]
Amended Final Judgment, Aug. 21, 2003 (Main Case) [PDF File]
Judgment, Aug. 21, 2003 (Complaint in Intervention) [PDF File]
Secretary of State's Answer to Complaint in Intervention (Aug. 18, 2003) [PDF File]
Los Angeles County Registrar's Answer to Complaint in Intervention (Aug. 18, 2003) [PDF File]
San Diego County Registrar's Answer to Complaint in Intervention (Aug. 18, 2003) [PDF File]
Complaint of Scott Rafferty in Intervention (Intervenor seeking to hold entire recall law unconstitutional) (Aug. 15, 2003) [PDF File]
Order Granting Motion to Intervene, Aug. 14, 2003 [PDF File]
Reply in Support of Motion to Intervene (Rafferty's Reply to Opposition) (Aug. 13, 2003) [PDF File]
Opposition to Motion for Leave to Intervene (Opposition of Original Plaintiffs) (Aug. 12, 2003) [PDF File]
Response to Motion for Leave to Intervene (Secretary of State's Response) (Aug. 12, 2003) [PDF File]
Motion for Leave to Intervene (Motion for Leave to Intervene, to Reconsider Order, to Vacate Injunction, or in the Alternative to Grant Stay Pending Appeal) (Aug. 8, 2003) [PDF File]
Opinion of U.S. District Court, Part of Recall Law Held Unconstitutional July 29, 2003 [PDF File]
Complaint (Law professors seek to hold recall unconstitutional) (July 23, 2003) [PDF File]

PRECLEARANCES FROM U.S. DEPARTMENT OF JUSTICE:

Preclearance Letter for Monterey County from U.S. Department of Justice (Preclearing Change in: No. of Bilingual Poll Workers, Consolidating Certain Precincts) (Sep. 4, 2003) [PDF File]
Partial Preclearance Letter for Monterey County from U.S. Department of Justice (Sep. 4, 2003) [PDF File]
Preclearance Letter for Merced County from U.S. Department of Justice (Sep. 2, 2003) [PDF File]
Partial Preclearance Letter to Chief Counsel for Cal. Secretary of State from U.S. Department of Justice (Preclearance for Ballot Measure, not for consolidating polling places in Monterey, Kings and Merced Counties) (Sep. 2, 2003) [PDF File]
Amended Secretary of State's Fifth Advice of Communication from the United States Department of Justice (Answers to questions from US Dept. of Justice) (Aug. 29, 2003) [PDF File]
Letter to U.S. Department of Justice from Chief Counsel for Cal. Secretary of State (Reiterating Request for Expedited Review for Preclearance of Ballot Measures) (Aug. 25, 2003) [PDF File]
Letter to U.S. Department of Justice from Chief Counsel for Cal. Secretary of State (Requesting Preclearance for Ballot Measures; supporting documents) (Aug. 21, 2003) [PDF File]
Partial Preclearance Letter from U.S. Department of Justice, Civil Rights Division (Approving Special Recall Election, but not addressing change in date of initiative election) (Aug. 19, 2003) [PDF File]

CASES FILED IN CALIFORNIA STATE COURTS:

CALIFORNIA SUPREME COURT

Governor Gray Davis v. Kevin Shelley, Cal. Sec'y of State (Case No. S117921)

Order of California Supreme Court, Petition Denied August 7, 2003.
Reply in Support of Petition (Governor's Reply to Sec'y of State Shelley's Opposition) (Aug. 7, 2003) [PDF File]
Supplemental Declarations in Support of Petitioners' Reply (Declarations of Henry E. Brady, David Ely, and Andrew Jon Westall) (Aug. 7, 2003) [PDF File]
Opposition to Petition for Writ of Mandate (Sec'y of State Shelley's Opposition) (Aug. 6, 2003) [PDF File]
Petition for Writ of Mandate (Governor's Petition to Delay, Place Name on Succession Ballot)
(Aug. 4, 2003) [PDF File]

Mark Burton v. Kevin Shelley, Cal. Sec'y of State (Case No. S117834)

Majority Opinion of California Supreme Court, Petition Denied August 7, 2003. [PDF File]
Concurring Opinion of Justice Kennard [PDF File]
Dissenting Opinion of Chief Justice George and Justice Moreno [PDF File]

James B. Frankel, et al. v. Kevin Shelley, Cal. Sec'y of State (Case No. S117770)

Opinion of California Supreme Court, Petition Denied August 7, 2003. [PDF File]
Petition for Writ of Mandate (Suit claiming that Lieutenant Governor succeeds Governor in Recall Election) (July 28, 2003) [PDF File]

Jon B. Eisenberg v. Kevin Shelley, Cal. Sec'y of State (Case No. S117763)

Order of California Supreme Court, Petition Denied August 7, 2003.

Camille Robins, et al. v. Kevin Shelley, Cal. Sec'y of State, et al. (Case No. S117661)

Order of California Supreme Court, Petition Denied August 7, 2003.
California Court of Appeal, Decided July 23, 2003: Petition Denied
Complaint (Class Action by California Taxpayers Against the Governor's Recall filed in L.A. County) (July 15, 2003) [PDF File]

CALIFORNIA COURT OF APPEAL

Recall Gray Davis Committee, et al. v. Kevin Shelley, Cal. Sec'y of State (Case No. C044487)

Order of California Court of Appeal, Petition Granted July 18, 2003 [PDF File]
Petition for Writ of Mandate (Suit to Count and Verify Signatures on Recall Petitions) (July 10, 2003) [PDF File]

CALIFORNIA SUPERIOR COURT

Ross Johnson v. Cruz Bustamante, et al. (Sacramento County Case No. 03AS04931)

Order Granting Injunction, (Ordering Lt. Gov. to Return Campaign Funds to Donors) (Sep. 22, 2003) [PDF File]

GENERAL ELECTION NEWS

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