The 2003 California gubernatorial recall election was a special
election permitted under
California state law
The law of California consists of several levels, including constitutional, statutory, and regulatory law, as well as case law. The California Codes form the general statutory law, and most state agency regulations are available in the California ...
. It resulted in voters replacing incumbent
Democratic Governor Gray Davis
Joseph Graham "Gray" Davis Jr. (born December 26, 1942) is an American attorney and former politician who served as the 37th governor of California from 1999 to 2003. In 2003, only a few months into his second term, Davis was recalled and remov ...
with
Republican Arnold Schwarzenegger
Arnold Alois Schwarzenegger (born July 30, 1947) is an Austrian and American actor, film producer, businessman, retired professional bodybuilder and politician who served as the 38th governor of California between 2003 and 2011. ''Time'' ...
. The recall effort spanned the latter half of 2003. Seven of the nine previous governors, including Davis, had faced unsuccessful recall attempts.
After several legal and procedural efforts failed to stop it, California's first-ever gubernatorial
recall election was held on October 7, and the results were certified on November 14, 2003, making Davis the first governor recalled in the history of California, and just the second in U.S. history (the first was
North Dakota's 1921 recall of
Lynn Frazier
Lynn Joseph Frazier (December 21, 1874January 11, 1947) was an American educator and politician who served as the 12th Governor of North Dakota from 1917 until being recalled in 1921 and later served as a U.S. Senator from North Dakota from 192 ...
). California is one of 19 states that allow recalls. Nearly 18 years after the 2003 election, California held a second recall election in
2021
File:2021 collage V2.png, From top left, clockwise: the James Webb Space Telescope was launched in 2021; Protesters in Yangon, Myanmar following the 2021 Myanmar coup d'état, coup d'état; A civil demonstration against the October–November 2021 ...
; however, this recall was unsuccessful, failing to oust Democratic Governor
Gavin Newsom.
California recall history
The California recall process
became law in 1911 as the result of
Progressive Era reforms that spread across the United States in the late 19th and early 20th centuries. The ability to recall elected officials came along with the
initiative and
referendum processes. The movement in California was spearheaded by Republican Governor
Hiram Johnson, a reformist, who called the recall process a "precautionary measure by which a recalcitrant official can be removed." No illegality has to be committed by politicians in order for them to be recalled. If an elected official commits a crime while in office, the state legislature can hold
impeachment
Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements.
In ...
trials. For a recall, only the will of the people is necessary to remove an official. Nineteen U.S. states, along with the District of Columbia, allow the recall of state officials.
Before the successful recall of Gray Davis, no California statewide official had ever been recalled, though there had been 117 previous attempts. Only seven of those even made it onto the ballot, all for state legislators. Every governor since
Ronald Reagan
Ronald Wilson Reagan ( ; February 6, 1911June 5, 2004) was an American politician, actor, and union leader who served as the 40th president of the United States from 1981 to 1989. He also served as the 33rd governor of California from 1967 ...
in 1968 has been subject to a recall effort.
Gray Davis
Joseph Graham "Gray" Davis Jr. (born December 26, 1942) is an American attorney and former politician who served as the 37th governor of California from 1999 to 2003. In 2003, only a few months into his second term, Davis was recalled and remov ...
was the first governor of California whose opponents gathered the necessary signatures to qualify for a special election. Davis also faced a recall petition in 1999, but that effort failed to gain enough signatures to qualify for the ballot. Davis's recall at the time was only the second gubernatorial recall election in U.S. history. The first governor recall occurred in 1921, when
North Dakota's
Lynn J. Frazier was
recalled over a dispute about state-owned industries, and was replaced by
Ragnvald A. Nestos
Ragnvald Anderson Nestos (April 12, 1877July 15, 1942) was a Norwegian-American politician who served as the 13th Governor of North Dakota from 1921 to 1925.
Early life
Ragnvold Anderson Nestos was a native of Voss, Norway. He was the son of A ...
. A third gubernatorial recall election occurred in
Wisconsin in 2012 which, unlike the previous two, failed.
The 2003 recall was prompted by some actions taken by Davis and his predecessor, Governor Wilson. Many people were upset with the governor's decision to block the enactment of
Proposition 187
California Proposition 187 (also known as the ''Save Our State'' (SOS) initiative) was a 1994 ballot initiative to establish a state-run citizenship screening system and prohibit illegal immigrants from using non-emergency health care, public ed ...
, which had been found unconstitutional by a Federal District Court. Davis, who had opposed the measure, decided not to appeal the case to the US Supreme Court, effectively killing the ballot measure. He also signed two new restrictive gun-control laws. Also, many people were very angry about the ongoing
California electricity crisis. The crisis was brought on by a series of deregulatory moves, including a bill signed into law by the previous Governor. As Davis's recall transpired before he had served half of his term as governor, he remained eligible to serve another term, should he win a future election for the California governor post.
Background
California law
Under California law, any elected official may be the target of a recall campaign. To trigger a recall election, proponents of the recall must gather a certain number of signatures from registered voters within a certain time period. The number of signatures statewide must equal 12% of the number of votes cast in the previous election for that office. For the 2003 recall election, that meant a minimum of 897,156 signatures, based on the November 2002 statewide elections.
The effort to recall
Gray Davis
Joseph Graham "Gray" Davis Jr. (born December 26, 1942) is an American attorney and former politician who served as the 37th governor of California from 1999 to 2003. In 2003, only a few months into his second term, Davis was recalled and remov ...
began with Republicans
Ted Costa
TED may refer to:
Economics and finance
* TED spread between U.S. Treasuries and Eurodollar
Education
* ''Türk Eğitim Derneği'', the Turkish Education Association
** TED Ankara College Foundation Schools, Turkey
** Transvaal Education Depart ...
,
Mark Abernathy
Mark may refer to:
Currency
* Bosnia and Herzegovina convertible mark, the currency of Bosnia and Herzegovina
* East German mark, the currency of the German Democratic Republic
* Estonian mark, the currency of Estonia between 1918 and 1927
* Finn ...
, and
Howard Kaloogian, who filed their petition with the California Secretary of State and started gathering signatures. The effort was not taken seriously until Rep.
Darrell Issa, who hoped to run as a replacement candidate for governor, donated $2 million to a new committee, Rescue California, which then led the effort. Eventually, proponents gathered about 1.6 million signatures, of which 1,356,408 were certified as valid.
Under most circumstances in which a recall campaign against a statewide elected official has gathered the required number of signatures, the governor is required to schedule a special election for the recall vote. If the recall campaign qualified less than 180 days prior to the next regularly scheduled election, then the recall becomes part of that regularly scheduled election. In the case of a recall against the governor, the responsibility for scheduling a special election falls on the
lieutenant governor
A lieutenant governor, lieutenant-governor, or vice governor is a high officer of state, whose precise role and rank vary by jurisdiction. Often a lieutenant governor is the deputy, or lieutenant, to or ranked under a governor — a "second-in-comm ...
, who in 2003 was
Cruz Bustamante.
Political climate
The political climate was largely shaped by the
California electricity crisis of the early 2000s, during which many people experienced a tripling in the cost of their energy consumption as rolling blackouts happened throughout the state. The public held Davis partly responsible, although the causes included Federal deregulation and California's Electric Utility Industry Restructuring Act, signed into law by Governor Wilson.
Driving the outcome of the recall was the perception that Davis had mismanaged the events leading up to the energy crisis. It was claimed that he had not fought vigorously for Californians against the energy fraud, and that he had not pushed for legislative or emergency executive action against the fraudulent companies soon enough. He was said to have signed deals agreeing to pay energy companies fixed yet inflated prices for years to come based on those paid during the crisis. Opponents felt that a corporate-friendly Republican governor could shield California politically from further corporate fraud. Others speculated that the corporations involved sought not only profit, but were acting in concert with Republican political allies to cause political damage to the nationally influential Democratic governor. Still others, such as
Arianna Huffington, argued that Davis's fundraising and
campaign contributions from various companies, including energy companies, rendered him unable to confront his contributors.
Davis had accepted $2 million from the California Correctional Peace Officers Association, and used his political connections to pass an estimated $5 billion raise for them over the coming years. That led many people throughout California to believe Davis was guilty of corruption, even if he did not meet the standard necessary for prosecution.
Arguments about the recall drive
Backers of the recall effort cited Davis's alleged lack of leadership, combined with California's weakened and hurt economy. According to the circulated petition:
Opponents of the recall said the situation was more complicated, for several reasons.
The entire United States and many of its economic trading partners had been in economic recession. California was hit harder than other states at the end of the
speculative bubble known as the "
dot-com bubble"—from 1996 to 2000—when
Silicon Valley was the center of the
internet economy
The digital economy is a portmanteau of digital computing and economy, and is an umbrella term that describes how traditional brick-and-mortar economic activities (production, distribution, trade) are being transformed by Internet, World Wide Web ...
. California state expenditures soared when the government was flush with revenues. Some Californians blamed Davis and the state legislature for continuing to spend heavily while revenues dried up, ultimately leading to record deficits.
Also, the
California electricity crisis of 2000–2001 caused great financial damage to the state of California. The legal issues still were not resolved in time to alleviate California's dire need for electricity, and the state instituted "
rolling blackouts" and in some cases instituted penalties for excess energy use. In the recall campaign,
Republicans
Republican can refer to:
Political ideology
* An advocate of a republic, a type of government that is not a monarchy or dictatorship, and is usually associated with the rule of law.
** Republicanism, the ideology in support of republics or agains ...
and others opposed to Davis's governance sometimes charged that Davis did not "respond properly" to the crisis. In fact most
economists disagreed, believing that Davis could do little else—and anyone in the governor's office would have had to capitulate as Davis did, in the absence of federal help. The
Bush administration rejected requests for federal intervention, responding that it was California's problem to solve. Still, subsequent revelations of
corporate accounting scandals and
market manipulation by some
Texas-based energy companies, mainly
Enron, did little to quiet the criticism of Davis's handling of the crisis.
Davis swept into the governor's office in 1998 in a
landslide victory
A landslide victory is an election result in which the victorious candidate or party wins by an overwhelming margin. The term became popular in the 1800s to describe a victory in which the opposition is "buried", similar to the way in which a geol ...
and a 60% approval rating as California's economy roared to new heights during the dot-com boom. Davis took his mandate from the voters and sought out a centrist political position, refusing some demands from labor unions and teachers' organizations on the left. The Democratic Davis, already opposed by Republicans, began losing favor among members of his own party. Nevertheless, Davis's approval ratings remained above 50%.
When the
California electricity crisis slammed the state in 2001, Davis was blasted for his slow and ineffective response. His approval rating dropped into the 30s and never recovered. When the energy crisis settled down, Davis's administration was hit with a fund-raising scandal. California had a $95 million contract with
Oracle Corporation
Oracle Corporation is an American multinational computer technology corporation headquartered in Austin, Texas. In 2020, Oracle was the third-largest software company in the world by revenue and market capitalization. The company sells da ...
that was found to be unnecessary and overpriced by the state auditor. Three of Davis's aides were fired or resigned after it was revealed that the governor's technology adviser accepted a $25,000 campaign contribution shortly after the contract was signed. The money was returned, but the scandal fueled close scrutiny of Davis's fundraising for his 2002 re-election bid.
In the 2002 primary election, Davis ran unopposed for the Democratic nomination. He spent his campaign funds on attack ads against
California Secretary of State
The secretary of state of California is the chief clerk of the U.S. state of California, overseeing a department of 500 people. The secretary of state is elected for four year terms, like the state's other constitutional officers; the officeho ...
Bill Jones and
Los Angeles mayor
Richard Riordan, the two well known moderates in the Republican primary. The result was that his opponent in the general election was conservative Republican and political newcomer
Bill Simon, who was popular within his own party but unknown by the majority of the state population. The attacks from both sides turned off voters and suppressed turnout; Davis ultimately won with 47% of the vote. The suppressed turnout had the effect of lowering the threshold for the 2003 recall petition to qualify.
On December 18, 2002, just over a month after being reelected, Davis announced that California would face a record budget deficit possibly as high as $35 billion, a forecast $13.7 billion higher than one a month earlier. The number was finally estimated to be $38.2 billion, more than all 49 other states' deficits combined. Already suffering from low approval ratings, Davis's numbers hit historic lows in April 2003 with 24% approval and 65% disapproval, according to a California
Field Poll. Davis was almost universally disliked by both Republicans and Democrats in the state and a recall push was high.
A hot-button issue that seemed to galvanize the public was the vehicle license fee increase Davis implemented under provisions of legislation passed by his predecessor which originally reduced the fees. On June 20, 2003, the Davis administration re-instituted the full vehicle license fee, and the action withstood legal challenge. The action was a key step in the plan to close the $38 billion shortfall in the 2003–2004 budget. The increase tripled the vehicle license fee for the average car owner, and began appearing in renewal notices starting August 1. The California state budget passed in late July 2003 included the projected $4 billion in increased vehicle license fee revenue.
Proponents of the Governor's recall characterized the increase as a tax hike and used it as an issue in the recall campaign. In mid-August 2003, Davis floated a plan to reverse the increase, making up the revenue with taxes on high income earners, cigarettes, and alcoholic beverages.
When Gray Davis was recalled and Arnold Schwarzenegger was elected governor in October 2003, Schwarzenegger vowed that his first act as governor would be to revoke the vehicle license fee increase. On November 17, just after his inauguration, Gov. Schwarzenegger signed Executive Order S-1-03, rescinding the vehicle license fee retroactive to October 1, 2003, when the fee increase went into effect. Analysts predicted that this would add more than $4 billion to the state deficit. Schwarzenegger did not indicate how cities and counties would be reimbursed for the lost revenue they received from the license fee to support public safety and other local government activities.
Recall election
Background
On February 5, 2003, anti-tax activist Ted Costa announced a plan to start a
petition drive to recall Davis. Several committees were formed to collect signatures, but Costa's Davis Recall Committee was the only one authorized by the state to submit signatures. One committee "Recall Gray Davis Committee", organized by Republican political consultant
Sal Russo
The Tea Party Express is a California-based group founded in the summer of 2009 to support the Tea Party movement. Founded as a national bus tour to rally Tea Party activists, the group's leadership also endorses and promotes conservative candidat ...
and former Republican assemblyman
Howard Kaloogian played a smaller role in drumming up support. Kaloogian served as chairman, Russo as chief strategist of the committee.
[
] After the recall both Kaloogian and Russo went on to found
Move America Forward
Move America Forward is a nonprofit military charity based in Sacramento, California. Howard Kaloogian, Melanie Morgan and Sal Russo established the organization in 2004. The organization supports front-line United States Armed Forces troops se ...
.
By law, the committee had to collect signatures from registered California voters amounting to 12% of the number of Californians who voted in the previous gubernatorial election (November 2002) for the special recall vote to take place. The organization was given the go-ahead to collect signatures on March 25, 2003. Organizers had 160 days to collect signatures. Specifically, they had to collect at least 897,158 valid signatures from registered voters by September 2, 2003.
The recall movement began slowly, largely relying on talk radio, a website, cooperative e-mail, word-of-mouth, and grassroots campaigning to drive the signature gathering. Davis derided the effort as "partisan mischief" by "a handful of right-wing politicians" and called the proponents losers. Nevertheless, by mid-May recall proponents said they had gathered 300,000 signatures. They sought to gather the necessary signatures by July in order to get the special election in the fall of 2003 instead of March 2004 during the
Democratic presidential primary election, when Democratic Party turnout would presumably be higher. The effort continued to gather signatures, but the recall was far from a sure thing and the proponents were short on cash to promote their cause.
The movement took off when wealthy U.S. Representative
Darrell Issa, a Republican representing
San Diego, California, announced on May 6 that he would use his personal money to push the effort. All told, he contributed $1.7 million of his own money to finance advertisements and professional signature-gatherers. With the movement accelerated, the recall effort began to make national news and soon appeared to be almost a sure thing. The only question was whether signatures would be collected quickly enough to force the special election to take place in late 2003 rather than in March 2004.
The Issa recall committee's e-mail claimed that
California Secretary of State
The secretary of state of California is the chief clerk of the U.S. state of California, overseeing a department of 500 people. The secretary of state is elected for four year terms, like the state's other constitutional officers; the officeho ...
Kevin Shelley, belonging to the same party as the Governor, resisted certification of the recall signatures as long as possible. By mid-May, the recall organization was calling for funds to begin a lawsuit against Shelley, and publicly considered a separate recall effort for the Secretary of State (also an elected official in California).
However, by July 23, 2003, recall advocates turned in over 110% of the required signatures, and on that date, the Secretary of State announced that the signatures had been certified and a recall election would take place. Proponents had set a goal of 1.2 million to provide a buffer in case of invalid signatures. In the end, there were 1,363,411 valid signatures out of 1,660,245 collected (897,156 required).
On July 24, Lieutenant Governor Cruz Bustamante announced that Davis would face a recall election on October 7. This was to be the second gubernatorial recall election in United States history and the first in the
history of California
The history of California can be divided into the Native American period (about 10,000 years ago until 1542), the European exploration period (1542–1769), the Spanish colonial period (1769–1821), the Mexican period (1821–1848), and Un ...
.
California's Constitution required that a recall election be held within 80 days of the date the recall petition was certified, or within 180 days if a regularly scheduled statewide election came within that time. Had the petition been certified at the deadline of September 2, the election would have been held in March 2004, the next scheduled statewide election. Instead, Bustamante had to select a date. He chose Tuesday, October 7, 2003, which was 76 days after the date of certification.
Top candidates
In total, 135 candidates qualified for the ballot for the October 7 recall election. Several of the candidates were prominent
celebrities. In the election, only four candidates received at least 1% of the vote:
*
Cruz Bustamante, lieutenant governor, Democrat
*
Peter Camejo, 2002
Green Party
A green party is a formally organized political party based on the principles of green politics, such as social justice, environmentalism and nonviolence.
Greens believe that these issues are inherently related to one another as a foundation ...
candidate for governor
*
Tom McClintock,
State Senator
A state senator is a member of a state's senate in the bicameral legislature of 49 U.S. states, or a member of the unicameral Nebraska Legislature.
Description
A state senator is a member of an upper house in the bicameral legislatures of 49 U ...
, Republican
*
Arnold Schwarzenegger
Arnold Alois Schwarzenegger (born July 30, 1947) is an Austrian and American actor, film producer, businessman, retired professional bodybuilder and politician who served as the 38th governor of California between 2003 and 2011. ''Time'' ...
,
Hollywood
Hollywood usually refers to:
* Hollywood, Los Angeles, a neighborhood in California
* Hollywood, a metonym for the cinema of the United States
Hollywood may also refer to:
Places United States
* Hollywood District (disambiguation)
* Hollywood, ...
actor, Republican
Election process
The ballot consisted of two questions; voters could vote on one or the other, or on both. The first question asked whether Gray Davis should be recalled. It was a simple
yes/no question, and if a majority voted no, then the second question would become irrelevant and Gray Davis would remain California governor. If a majority voted yes, then Davis would be removed from office once the vote was certified, and the second question would determine his successor.
Voters had to choose one candidate from a long list of 135 candidates. Voters who voted against recalling Gray Davis could still vote for a candidate to replace him in case the recall vote succeeded. The candidate receiving the most votes (a
plurality
Plurality may refer to:
Voting
* Plurality (voting), or relative majority, when a given candidate receives more votes than any other but still fewer than half of the total
** Plurality voting, system in which each voter votes for one candidate and ...
) would then become the next governor of California. Certification by the
Secretary of State of California would require completion within 39 days of the election, and history indicated that it could require that entire time frame to certify the statewide election results. Once the results were certified, a newly elected governor would have to be sworn into office within 10 days.
Filing requirements and candidates
Those Californians wishing to run for governor were given until August 9 to file. The requirements to run were relatively low and attracted a number of interesting and strange candidates. A California citizen needed only to gather 65 signatures from their own party and pay a nonrefundable $3,500 fee to become a candidate, or in lieu of the fee collect up to 10,000 signatures from any party, the fee being prorated by the fraction of 10,000 valid signatures the candidate filed. No candidate in fact collected more than a handful of signatures-in-lieu, so that all paid almost the entire fee. In addition, however, candidates from recognized third parties were allowed on the ballot with ''no'' fee if they could collect 150 signatures from their own party.
The low requirements attracted many "average joes" with no political experience to file as well as several celebrity candidates. Many prominent potential candidates chose not to run. These included Democratic
U.S. Senator
The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States.
The composition and powe ...
Dianne Feinstein, widely regarded as the most popular statewide office-holding Democrat in California, who cited
her own experience with a recall drive while she was
mayor of
San Francisco.
Darrell Issa, who bankrolled the recall effort and had said he would run for governor, abruptly dropped out of the race on August 7 among accusations that he had bankrolled the recall effort solely to get himself into office. Issa claimed that Schwarzenegger's decision to run did not affect his decision and he dropped out because he was assured that there were several strong candidates running in the recall.
The ''
San Francisco Chronicle'' claimed that Davis's attacks on Issa's "checkered past" and polls showing strong Republican support for Schwarzenegger caused Issa to withdraw.
Former
Mayor of Los Angeles
The mayor of the City of Los Angeles is the official head and chief executive officer of Los Angeles. The officeholder is elected for a four-year term and is term limit, limited to serving no more than two terms. (Under the Constitution of Califo ...
Richard Riordan and actor Arnold Schwarzenegger (a fellow Republican) agreed that only one of them would run; when Schwarzenegger announced on ''
The Tonight Show with Jay Leno'' that he would be a candidate, Riordan dropped out of the race. Riordan was surprised and those close to him say angered when he learned Schwarzenegger was running. Riordan did end up endorsing Schwarzenegger, but his endorsement was described as terse and matter-of-fact in contrast to his usually effusive way.
Lt. Gov. Cruz Bustamante himself entered the race and quickly became the Democratic frontrunner, although he continued to oppose the recall and urged Californians to vote against it. State Insurance Commissioner
John Garamendi (a Democrat) announced on August 7 that he would be a candidate for governor. However, just two days later and only hours before the deadline to file, he announced "I will not engage in this election as a candidate", adding, "this recall election has become a circus." Garamendi had been under tremendous pressure to drop out from fellow Democrats who feared a split of the Democratic vote between him and Bustamante, should the recall succeed.
Campaign
On September 3, five top candidates—independent Arianna Huffington, Democratic Lt. Gov. Cruz Bustamante, Green Party candidate
Peter Camejo, Republican State Senator Tom McClintock, and former baseball commissioner
Peter Ueberroth—participated in a live television debate. Noticeably absent was Arnold Schwarzenegger who opponents charged was not adequately prepared. Schwarzenegger had repeatedly stated that he would not participate in such events until later in the election cycle. Prior to this first debate, Gov. Davis spent 30 minutes answering questions from a panel of journalists and voters.
Due to the media attention focused on some candidates,
GSN held a game show debate entitled ''Who Wants to Be Governor of California? – The Debating Game'', a political game show featuring six candidates unlikely to win the election, including former child star
Gary Coleman and porn star
Mary Carey.
Several candidates who would still be listed on the ballot dropped out of the campaign before the October 7 election. On August 23, Republican
Bill Simon (the 2002 party nominee) announced he was dropping out. He said, "There are too many Republicans in this race and the people of our state simply cannot risk a continuation of the Gray Davis legacy." Simon did not endorse any candidates at the time, but several weeks later he endorsed front-runner Arnold Schwarzenegger, as did Darrell Issa, who had not filed for the race. On September 9, former
MLB commissioner and
Los Angeles Olympic Committee President
Peter Ueberroth withdrew his candidacy in the recall election.
On September 24, the remaining top five candidates (Schwarzenegger, Bustamante, Huffington, McClintock, and Camejo) gathered in the University Ballroom at
California State University, Sacramento, for a live televised debate that resembled the red-carpet premiere of a movie in
Hollywood
Hollywood usually refers to:
* Hollywood, Los Angeles, a neighborhood in California
* Hollywood, a metonym for the cinema of the United States
Hollywood may also refer to:
Places United States
* Hollywood District (disambiguation)
* Hollywood, ...
. Schwarzenegger's marquee name attracted large crowds, a carnival atmosphere, and an army of hundreds of credentialed media from around the world. While the candidate and his staff rode on buses named ''
Running Man'' and ''
Total Recall'', the reporters' buses were named after ''
Predator''.
The aftermath of the debate was swift. On September 30, author Arianna Huffington withdrew her candidacy on the ''
Larry King Live'' television program and announced that she was opposing the recall entirely in light of Arnold Schwarzenegger's surge in the polls. Apparently in response to her withdrawal, Cruz Bustamante endorsed her plan for public financing of election campaigns, an intended anti-corruption measure.
Election issues
Concurrent alternatives
On July 29, 2003, federal
judge
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
Barry Moskowitz ruled section 11382 of the California election code
unconstitutional. The provision required that only those voters who had voted in favor of the recall could cast a vote for a candidate for governor. The judge ruled that a voter could vote for or against the recall election and still vote for a replacement candidate. Secretary of State
Kevin Shelley did not contest the ruling, thereby setting a legal precedent.
Availability of Spanish-speaking poll workers
In August, a federal judge in
San Jose announced that he was considering issuing an order postponing the recall election. Activists in
Monterey County
Monterey County ( ), officially the County of Monterey, is a county located on the Pacific coast in the U.S. state of California. As of the 2020 census, its population was 439,035. The county's largest city and county seat is Salinas.
Montere ...
had filed suit, claiming that Monterey County, and other
counties of California affected by the
Voting Rights Act were violating the act by announcing that, because of budgetary constraints, they were planning on hiring fewer Spanish-speaking poll watchers, and were going to cut back by almost half the number of polling places. On September 5, a three-member panel of federal judges ruled that the county's election plans did not constitute a violation of the federal Voting Rights Act.
Punch card ballots
A lawsuit filed in
Los Angeles by the
American Civil Liberties Union (ACLU) claimed that the use of the "
hanging chad" style punch-card ballots still in use in six California counties (
Los Angeles,
Mendocino,
Sacramento,
San Diego,
Santa Clara, and
Solano) were in violation of fair election laws. U.S. District Judge
Stephen V. Wilson
Stephen Victor Wilson (born March 26, 1941) is a United States district judge of the United States District Court for the Central District of California.
Education and career
Wilson has claimed that he was born in New York City, New York, altho ...
in Los Angeles ruled on August 20, 2003, that the election would not be delayed because of the punch-card ballot problems. There was an estimate that up 40,000 voters in those heavily minority districts might be disenfranchised, if the election were not postponed to remedy the difficulty. His ruling was appealed, and heard by three judges in the
9th U.S. Circuit Court of Appeals. On September 15, the judges issued a unanimous ruling postponing the recall election until March 2004, on the grounds that the existence of allegedly obsolete voting equipment in those six counties violated the
equal protection constitutional guarantee, thus overruling the lower district court which had rejected this argument.
[The Big Kozinski]
'' Legal Affairs'', Emily Bazelon, February 2005. Retrieved August 5, 2018.
Recall proponents questioned why punch-card ballots were adequate enough to elect Governor Davis, but were not good enough to recall him. Proponents planned to appeal the postponement to the
U.S. Supreme Court. However, an 11-judge ''
en banc'' panel, also from the
Ninth U.S. Circuit Court of Appeals
The United States Court of Appeals for the Ninth Circuit (in case citations, 9th Cir.) is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts:
* District o ...
and quickly and carefully canvassed by Judge
Alex Kozinski, gathered to rehear the controversial case.
On the morning of September 23, the panel reversed the three-judge ruling in a unanimous decision, arguing that the concerns about the punch-card ballots were outweighed by the harm that would be done by postponing the election.
Further legal appeals were discussed but did not occur. The ACLU announced it would not make an appeal to the U.S. Supreme Court, and Davis was widely quoted in the press as saying "Let's just get it over with." Thus the election proceeded as planned on October 7.
Polling
Public opinion was divided on the recall, with many passionately-held positions on both sides of the recall election. Californians were fairly united in their disapproval of Governor Davis's handling of the state, with his approval numbers in the mid-20s. On the question of whether he should be recalled, Californians were more divided, but polls in the weeks leading up to the election consistently showed that a majority would vote to remove him.
Polls also showed that the two leading candidates, Lt. Governor Cruz Bustamante, a Democrat, and Hollywood actor Arnold Schwarzenegger, a Republican, were neck and neck with about 25–35% of the vote each, and Bustamante with a slight lead in most polls. Republican State Senator Tom McClintock also polled in the double-digits. Remaining candidates polled in the low single digits. Polls in the final week leading up to the election showed support for Davis slipping and support for Schwarzenegger growing.
Many observers outside California, and some members of the press, consistently called the recall chaos and madness as well as a
media circus and nightmare. With the candidacies of a few celebrities and many regular Californians, the entire affair became a joke to some (there were tongue-in-cheek references to Schwarzenegger's role in the science fiction film ''
Total Recall'') as well as an "only-in-California" event. Nevertheless, most Californians took the recall seriously, with the future of the governor's office at stake. In the months before the election, 380,000 Californians registered to vote, for a total of 15.3 million—more registered voters than there had been in the three previous presidential elections.
Results
The October 7
ballot had two questions.
The first question was whether
Davis
Davis may refer to:
Places Antarctica
* Mount Davis (Antarctica)
* Davis Island (Palmer Archipelago)
* Davis Valley, Queen Elizabeth Land
Canada
* Davis, Saskatchewan, an unincorporated community
* Davis Strait, between Nunavut and Gre ...
, the sitting governor, should be
recall
Recall may refer to:
* Recall (bugle call), a signal to stop
* Recall (information retrieval), a statistical measure
* ''ReCALL'' (journal), an academic journal about computer-assisted language learning
* Recall (memory)
* ''Recall'' (Overwatch ...
ed; those voting on it were 55.4% in favor of recall and 44.6% opposed.
The second question was who would replace the governor in the event that a majority voted to recall him. Among those voting on the potential replacement, Schwarzenegger received a
plurality
Plurality may refer to:
Voting
* Plurality (voting), or relative majority, when a given candidate receives more votes than any other but still fewer than half of the total
** Plurality voting, system in which each voter votes for one candidate and ...
of 48.6%, surpassing Lt. Gov. Cruz Bustamante's 31.5% – about a 3-to-2 ratio. Republican Tom McClintock received 13.4% of the vote – less than half the share of the candidate he trailed.
Green Party
A green party is a formally organized political party based on the principles of green politics, such as social justice, environmentalism and nonviolence.
Greens believe that these issues are inherently related to one another as a foundation ...
candidate
Peter Camejo polled 2.8%, trailing the third-place candidate by almost four-to-one. Each remaining candidate polled 0.6% or less.
Schwarzenegger's votes exceeded those for the next five candidates combined, despite the presumed division of Republican voters between him and McClintock. There were also more votes for Schwarzenegger (4,206,284) than votes against recalling Davis (4,007,783), avoiding the theoretical scenario of the replacement having less support than the recalled governor.
At 10 p.m. local time, Davis conceded that he had lost to Schwarzenegger, saying, "We've had a lot of good nights over the last 20 years, but tonight the people did decide that it's time for someone else to serve, and I accept their judgment." About 40 minutes later, in his acceptance speech, Schwarzenegger said, "Today California has given me the greatest gift of all: You've given me your trust by voting for me. I will do everything I can to live up to that trust. I will not fail you."
Following the election, all 58 of
California's counties had 28 days (until November 4, 2003) each to conduct a countywide canvass of their votes. Counties used this time to count any
absentee ballot
An absentee ballot is a vote cast by someone who is unable or unwilling to attend the official polling station to which the voter is normally allocated. Methods include voting at a different location, postal voting, proxy voting and online votin ...
s or provisional ballots not yet counted, to reconcile the number of signatures on the roster of registered voters with the number of ballots recorded on the ballot statement, to count any valid write-in votes, to reproduce any damaged ballots, if necessary, and to conduct a hand count of the ballots cast in 1% of the precincts, chosen at random by the elections official. Counties then had seven days from the conclusion of canvassing (November 11, 2003, 35 days after the election) to submit their final vote totals to the California Secretary of State's office. The Secretary of State had to certify the final statewide vote by 39 days (until November 15) after the election.
The vote was officially certified on November 14, 2003. Once the vote was certified, governor-elect Schwarzenegger had to be sworn into office within ten days.
[Cal. Elections Code, § 11386.] His inauguration took place on November 17, 2003.
Note that
San Bernardino County did not report write-in votes for individual candidates.
See also
*
1921 North Dakota gubernatorial recall election
The 1921 North Dakota gubernatorial recall election was a recall election of List of Governors of North Dakota, North Dakota Governor Lynn Frazier in 1921. Frazier was the first U.S. Governor (United States), governor ever successfully recalled ...
*
2012 Wisconsin gubernatorial recall election
The 2012 Wisconsin gubernatorial recall election was a special election to elect the governor and lieutenant governor of Wisconsin. It resulted in voters re-electing incumbent Republican governor Scott Walker over the Democratic candidate Tom ...
*
2021 California gubernatorial recall election
The 2021 California gubernatorial recall election was a special recall election, recall election that began in August 2021 and concluded on September 14, 2021, when California voters chose not to recall incumbent Democratic Party (United States), ...
*
2003 United States gubernatorial elections
United States gubernatorial elections were held in four states. Kentucky and Mississippi held their general elections on November 4. Louisiana held the first round of its jungle primary on October 4 and the runoff on November 15. In addition, Cali ...
References
External links
Special Statewide Election - Statement of Vote, October 7, 2003from the California Secretary of State
Davis Recall– Costa's Group
Rescue California– Issa's Group
Recall Gray Davis Committee– Kaloogian's Group
2003 California Recall ElectionWeb archive at the California Digital Library
Recall information
Recall foes put tactics online. Petition workers complain of intimidationRecall Drive Halts Collections. Organizers Say They Have Enough Signatures to Force Vote on DavisArticle 2 of the California state constitutiongoverns initiatives, referendums, and recall
California Elections Code, ss. 11381–11386govern the conduct of recall elections
{{Authority control
Recall
Recall may refer to:
* Recall (bugle call), a signal to stop
* Recall (information retrieval), a statistical measure
* ''ReCALL'' (journal), an academic journal about computer-assisted language learning
* Recall (memory)
* ''Recall'' (Overwatch ...
2003
File:2003 Events Collage.png, From top left, clockwise: The crew of STS-107 perished when the Space Shuttle Columbia disintegrated during reentry into Earth's atmosphere; SARS became an epidemic in China, and was a precursor to SARS-CoV-2; A des ...
2003 United States gubernatorial elections
California 2003
October 2003 events in the United States
2003
File:2003 Events Collage.png, From top left, clockwise: The crew of STS-107 perished when the Space Shuttle Columbia disintegrated during reentry into Earth's atmosphere; SARS became an epidemic in China, and was a precursor to SARS-CoV-2; A des ...