224,986 / 51.9% Yes votes ...... 208,872 / 48.1% No votes

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The state election code had a similar provision, which was successfully challenged in court. A federal court held that a vote for a replacement candidate must be counted, even if the ballot did not contain a vote for or against the recall. It is considered likely that a challenge to the charter provision would also be successful.

Changes contained in Charter Amendment B. The proposed amendment would change the charter to eliminate the link between the two questions on a recall election ballot. A voter would have his choice for a replacement candidate counted, even if he remained silent on the issue of recalling the incumbent.

Support and Opposition. The main argument in favor of this change is that it would make city law conform to state law in an area that has been tested in court. At present, there does not appear to be formal opposition to the change.

The Charter of the City of Los Angeles provides that in recall elections, the ballot must include two questions. The first question asks if the elected official should be recalled. The second question lists the names of persons nominated to replace the incumbent if voters approve the recall question. A voter must cast a vote for the recall question if their vote for a replacement candidate is to be counted. If the voter does not vote on the question of the recall, their vote for a replacement candidate is void. The specific language is found in Section 435 of the Charter.

The language in the Charter is the same as language which was in the State Election Code. However, the State law changed after the 2003 recall election for the Governor. A lawsuit challenged the provision in State law that a vote counted only if the voter cast a ballot on both the question of recall and on a replacement candidate. The court agreed with the challenge. A Federal district court overturned the State law and required that votes for replacement candidates in a recall be counted even if the voter did not vote for recall of the incumbent.

The City's Charter provisions regarding vote tallies in a recall election could also be challenged in court based on the same arguments used against the State. This could result in delaying the outcome of a recall election for an unknown period of time. To prevent delays in a vote tally in a recall election because of this Charter requirement, the City Council is asking voters to amend the Charter. The proposed amendment simply removes language in Section 435 of the Charter that is similar to language in the State Election Code that was overturned by the court. This will allow voters to remain silent on the question of recall, but still vote for a replacement candidate and have their vote count.

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• Print Media Available on the Internet

• Talk of the City - scroll to Wednesday, May 4
  

  Kitty Felde Interviews Raphe Sonenshein, Professor of Political Science at CSU Fullerton, on Charter Amendments A & B
  

Both the Los Angeles City Charter and the California State Elections Code contain Recall Election provisions that require a voter to first vote on whether the incumbent should be removed in order to have their vote for a replacement candidate counted.

In the recent California Governor Recall Election, a Federal District Court ruled that this requirement is unconstitutional. The Court opined that a voter has the right to choose their elected representative even if they do not vote on the recall of the incumbent.

Voters have the fundamental right to vote for the candidate they want to represent them. In a Recall Election, a voter may not be sure if they want to recall the incumbent-but they must always maintain the right to vote for a replacement candidate if the Recall is successful.

Charter Amendment 8 will ensure that the Recall Election provisions of the Los Angeles City Charter comply with the United States Constitution by removing the requirement that a voter must first vote on whether the incumbent should be removed in order to have their vote for a replacement candidate counted.

VOTE YES - to make the City Charter Recall Election provisions constitutional.

VOTE YES - to ensure that all votes in Recall Elections are counted.

VOTE YES - to protect voter rights.

VOTE YES ON CHARTER AMENDMENT B.

/s/

ALEX PADILLA
President, Los Angeles City Council

ROCKY DELGADILLO
Los Angeles City Attorney

FRANK T. MARTINEZ
Los Angeles City Clerk

COUNCILMEMBER WENDY GREUEL
Vice Chair, Rules & Elections Committee

JANE C.L. GOICHMAN
President, League of Women Voters Los Angeles

JOHN W. MACK
President, Urban League of Los Angeles

ANN MARIE TALLMAN
President & General Counsel, MALDEF

ARTURO VARGAS
Executive Director, National Association of Latino Elected and Appointed Officials

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Arguments printed on this page are the opinions of the authors and are not checked for accuracy by any City agency.

(No arguments against Measure CharterAmendment-B were submitted)

Section 435 of the Charter of the City of Los Angeles is hereby amended to read:

Sec. 435. Recall Ballot.

In addition to the question of whether the incumbent shall be removed from office, each recall ballot shall also list the names of all persons who have been nominated as candidates to succeed the person whose removal is sought. No vote cast for any candidate shall be counted unless the voter also voted on the question of recall of the incumbent. The name of the incumbent shall not appear on the ballot as a candidate for the office. If a majority of the registered voters voting on the matter vote in favor of the recall, then the incumbent shall be removed from office effective on the date the successor qualifies.