While the attempt to recall
San Diego Mayor Bob Filner heats up, there is also talk that
the recall law is unconstitutionally drafted. The unconstitutional issue is based on a provision that in order to vote in the replacement race, a voter also has to cast an up or down vote. This type of provision was successfully challenged in the Gray Davis recall, however, that was just on the state level. That being said, this law would likely not stop a recall, just result in a minor change in the law.
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