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Almost a century after Californians gained the right to force a recall election
against a sitting governor, the state today appeared on the verge of using
the power for the first time and authorizing a vote on whether to oust
Gov. Gray Davis.
California's counties had submitted to the state more than 1.3 million
valid ballot petition signatures needed to secure the recall question
a spot on a fall special election ballot, state and local officials said.
The number of signatures was nearly a fifth of the 6 million state residents
who voted in the election last year.
Secretary of State Kevin Shelley officially certified the results early
this evening. Never before, in 31 other tries, has a governor recall effort
made it this far. The initiative would send the state into uncharted political
and legal territory that had officials in Sacramento consulting election
lawyers in a dizzying state of uncertainty today.
Some basic aspects of the likely vote remained in contention. Chief among
them was whether Lt. Gov. Cruz Bustamante — a Democrat like Mr.
Davis — who is charged under the state constitution with calling
the election, would set a two-part ballot: one determining Mr. Davis's
fate and one choosing a successor.
Some Democrats now say they believe that Mr. Bustamante, who does not
have warm relations with the governor, is required only to call a vote
on Mr. Davis. The presumption had been that the lieutenant governor must
also give voters the chance to select a replacement.
Some experts say that no election is needed because the state constitution
provides for the elevation of the lieutenant governor when the governor's
office is vacant.
A certification by Mr. Shelley would mark a new stage in a campaign that
only three months ago seemed destined to go nowhere. But because of the
fervor of a few antitax crusaders, the money of another recall supporter
and Mr. Davis's unpopularity, the stars aligned against the governor in
a state where voter revolt has a long history of roiling the political
cosmos.
As Mr. Davis faces a plebiscite on his political future, he can take
some comfort in knowing that, at least in part, he is the victim of quirks
in the state's constitution and of California's fevered politics.
"This is a case where Republicans in California clearly understood
that at this point they are not politically competitive," said Garry
South, who was Mr. Davis's chief political strategist last year and is
informally advising him on the recall. "They now smell blood —
right-wing radio, right-wing groups, the whole right-wing-nut axis that
has been shut out of California politics for some time."
California is one of only 15 states that allow for the recall of state
officials, which along with the referendum and the popular initiative
are a legacy of the state's progressive politics of the early 20th century
and Gov. Hiram Johnson, who was looking for ways to circumvent the reach
of big railroad interests.
The targets of the 31 previous attempts against California governors included
the likes of Jerry Brown, a Democrat, and Ronald Reagan and Pete Wilson,
both Republicans.
This time around, polls show that half the California electorate is angry
and willing to consider tossing Mr. Davis from office. But that anger
is counterbalanced by widespread apathy, or perhaps despair, leading to
consistently falling voter turnout.
Under the state's recall procedures, it takes signatures amounting to
just 12 percent of the votes cast in the last election for governor to
force a recall — in this case 897,158.
The recall election itself could be decided by as few as a third of the
state's 15 million registered voters.
Governor Davis's room to maneuver has been further eroded by the public's
extensive use of the initiative process, which has tied the hands of elected
officials by limiting the amount of taxes that can be collected and by
directing how much of the revenue that is raised can be spent. Thus, the
steps he might take to counter the state's budget crisis have been sharply
restricted.
Between 1978 and 2000, more than 600 statewide initiative petitions were
circulated, 118 issues appeared on the ballot and 52 passed. The subjects
ranged from prison terms to car insurance rates. Roughly a quarter concerned
how the state raises and spends tax money.
Proposition 13, which passed in 1978, not only cut property taxes in half
statewide, but also required a two-thirds vote to raise new local taxes
to replace them. Proposition 98, passed a decade later, required that
40 percent of state revenues go directly to public schools. When mandatory
health care spending is factored in, there is little discretionary spending
left for the governor and legislature to adjust to produce a balanced
budget.
Term limits, meanwhile, which were also imposed through public initiative,
and gerrymandered legislative districts have produced a State Legislature
that is inexperienced, highly polarized and seemingly immune to compromise.
The result, many experts say, is a state that is virtually ungovernable.
"There is a climate of suspicion here that no one in California can
govern us so we have to willy-nilly govern ourselves," said D. J.
Waldie, a longtime local official in Lakewood, a suburb of Los Angeles.
"We have in essence a fourth branch of government — the initiative
— and that's a difficult place to be."
Leon Panetta, a former member of Congress from Monterey and former budget
director and White House chief of staff for President Bill Clinton, said
that the recall is a case of direct democracy run amok.
"The initiative process more and more became a substitute for governance
in Sacramento, and it ultimately produced this recall," he said.
"The result is ultimate chaos."
But more than California's history of direct democracy has brought Mr.
Davis to this extraordinary moment.
A state budget shortfall, already of record proportions last fall, nearly
doubled by this summer, setting off new rounds of partisan rancor in Sacramento
as programs were slashed, new taxes were debated and an apathetic public
was roused by their pocketbooks.
Mr. Davis, whom polls showed to be hugely unpopular even as he won re-election
in November, found he had no reservoir of goodwill among the electorate
to draw on as the state descended into political chaos.
Even Democratic voters told pollsters that the recall process was a legitimate
way to register dissatisfaction with Mr. Davis. Both Republicans and antitax
crusaders jumped to take advantage of the sentiment.
"I know we're turning on the stress machine here, not just on the
governor but on the whole bureaucracy," said Ted Costa, who is the
chairman of People's Advocate, a group that had pushed tax-related ballot
initiatives for 25 years but had not undertaken a statewide recall before
this one. "But when you have a firmness in the right, you proceed."
The recall idea was born in December in the somewhat disorderly world
of Mr. Costa, who labors from a shabby suite of offices behind an all-night
Krispy Kreme stand on the north side of Sacramento.
Mr. Costa describes himself as a "government reformer" and a
"wacko" dedicated to returning power from corrupt and incompetent
elected officials to the sovereign people. He says he was moved to action
by Mr. Davis's handling of the state's staggering budget deficit, which
has recently been calculated to be a record $38.2 billion.
It would not be very long before Mr. Costa had company in the form of
two other ad hoc groups, Rescue California, organized by a former Republican
member of the California Assembly, Howard Kaloogian, and Recall Gray Davis,
the vehicle of a political consultant, Sal Russo. Republicans had criticized
Mr. Russo for the ineffectual challenge last November posed to Mr. Davis
by their candidate, Bill Simon Jr.
Mr. Russo said he had been frustrated on Election Day by voter apathy
about Mr. Davis's shortcomings, that nothing Mr. Simon said about Mr.
Davis seemed to stick, even concerns he raised about the budget.
Once the new deficit numbers became known after the election, Mr. Russo
said, the mood change among the public was palpable.
Money was being cut for schools, universities, arts organizations, hospitals,
parks, law enforcement agencies and more; virtually no one in the state
was left untouched.
"The problem with the recall efforts in the past was that they were
always narrowly based," said Mr. Russo, who had been involved in
a recall drive against Jerry Brown. "You can impeach a governor for
a single act, but for a recall you need a broader political purpose. This
time we have people mad at him from across the ideological spectrum."
Still, with the sobering realities of organizing a recall campaign in
a state of 35 million people, the effort was going nowhere without a bankroll.
That came from Darrell Issa, a millionaire Republican congressman from
San Diego, who contributed more than $1.6 million to pay for professional
signature gatherers.
"This is not just about Gray Davis's low job ratings," said
Mr. South, the adviser to Mr. Davis. "It illustrates the larger point
that you can put almost anything on the ballot, no matter how goofy or
crazy, if you have enough money."
Mr. Davis has been trying to make his opponents the issue, arguing that
California is in danger of being hijacked by the right. Today he predicted
he would survive.
"I've had to fight for everything in my life and trust me, I've
had more political obituaries written about me than you could possibly
imagine," he said on KFWB-AM.
Analysts from both parties say that many of Mr. Davis's problems are
his own making. They cite his passive response to the energy crisis three
years ago, his participation in a state spending spree during the boom
years early in his governorship and his relentless fund-raising.
Trying to steer a political course down the center of the state's ideological
divide, in part to attract donations from corporations, he managed to
offend countless Democrats from the party's traditional base among blue-collar
workers and minorities.
Robert Gnaizda, the policy director of the Greenlining Institute, a group
in San Francisco that promotes the interests of low-income and minority
communities, said Mr. Davis ignored the group for his entire first term
and met with its leaders for the first time in April, as the recall campaign
was gaining steam.
"Not meeting with the Greenlining coalition wasn't the problem itself,
but it was symptomatic of how minority groups were viewed," said
Mr. Gnaizda, who said he thought Mr. Davis had seen the error of his ways.
"Many people believe it would have been best if he had won his second
election by one vote so he would have understood the importance of courting
the voters from the base."
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