Judge strikes down part of California recall law

SAN DIEGO -- A federal judge struck down a portion of California's recall law Tuesday in a ruling that will not stop the Oct. 7 election to remove Gov. Gray Davis but will change the way the balloting is done.

U.S. District Judge Barry Moskowitz said voters will be allowed to cast a ballot for a potential successor to Davis even if they do not vote on whether he should be removed from office.

Under the state law, voters could choose "yes" or "no" on whether Davis should be recalled. And only voters who cast a "yes" or a "no" could then choose a potential successor from a list on the same ballot.

Moskowitz shot down the portion of the law that said voters who did not answer the first question would not have their votes on the second question tallied. He sided with plaintiffs who said the voters should be allowed to choose their preferred successor to Davis even if they didn't make a decision on the recall.

"What is at stake is the right of a voter to decide who shall succeed the governor, if recalled. Every voter, whether they voted for or against that recall, has a paramount interest in choosing the person who will govern them," Moskowitz said.

Potential replacement candidates have until Aug. 9 to decide whether to run. Rep. Darrell Issa funded the recall drive and is the only declared Republican candidate.

A senior adviser to Arnold Schwarzenegger said Monday that the actor is leaning against running in the Oct. 7 recall election. He could decide by the end of the week, the adviser said, speaking on condition of anonymity.

Former Los Angeles Mayor Richard Riordan has said he will look hard at running if Schwarzenegger does not.

Also considering are GOP businessman Bill Simon, who lost to Davis in November; state Sen. Tom McClintock; and former congressman Michael Huffington. His ex-wife, columnist Arianna Huffington, is the subject of a campaign to draft her but she said she would not run if her ex-husband does.