Terminators & Litigators In Calif.

Important decisions are expected this week from two key players in the California gubernatorial recall drama — the state Supreme Court and Arnold Schwarzenegger.

The Los Angeles Times reports many legal scholars expect the court to decide this week on several lawsuits seeking to delay the Oct. 7 vote or change the ballot.

Schwarzenegger, meanwhile, promised to reveal whether or not he will run to Jay Leno during a Wednesday taping of "The Tonight Show."

At least one potential candidate took herself out of the race Wednesday when Sen. Dianne Feinstein ruled out running. While touted by some as a possible Democratic replacement candidate if Davis were recalled, she had previously indicated little interest in the race.

Legal scholars expect rulings soon because the Supreme Court has asked the parties in five election cases to file briefs, a sign that the justices may want to issue a quick decision.

The cases before the high court cover a range of issues. The justices could decide to hear all of them, agree to consider a few, or dismiss all five.

In perhaps the strongest case, lawyers for Gov. Gray Davis claim the Oct. 7 recall date is too early, and would deprive some voters — particularly minorities — of their rights, reports the Times.

Davis' argument is that the early election date means punch-card voting machines, which are due to be replaced soon by more reliable equipment, will still be used in some counties, including Los Angeles.

Also, some counties will consolidate voting precincts, which could make it harder for poor and minority voters to cast ballots. The counties say they must do so because the election will occur on short notice, and contend it will not affect voting rights.

Davis wants the vote pushed back to March 2004 to allow the new voting machines to be available statewide, and to give the counties more time to prepare.

As it stands now, California voters will face two questions on the recall ballot: whether or not to recall Davis, and who should replace him if he is recalled.

The governor, and others who've sued to challenge the recall vote, take issue with the part of the ballot where Davis' successor would be chosen.

According to the Times, some argue that there is no need to vote for a replacement because the lieutenant governor, Democrat Cruz Bustamante, is supposed to fill the office when a vacancy occurs. But Republicans say that's not what state laws envisioned when they authorized recalls.

For his part, Davis argues the replacement ballot must include his name to be fair.

Otherwise, he contends, his supporters votes could be worth less than votes for opposing candidates, the Times reports.

For example, his supporters could lose the recall vote even if they cast 49 percent of the ballots, while an opposing candidate could win the replacement vote with a much smaller percentage of the ballots. Because of the crowded field, a candidate may win that vote with far less than a majority of ballots cast.

The other legal challenges concern the requirements for getting on the ballot and the inclusion of propositions on the ballot. The Times reports there is also a case before federal court.

Davis got a boost from one of the nation's most powerful labor groups Tuesday. The AFL-CIO on called on Californians to oppose the recall and urged Davis' fellow Democrats to keep their names off the ballot.

"We call on all state leaders in the Democratic Party to stand united with the governor and stay off the recall ballot," according to a resolution adopted by the AFL-CIO Executive Council.

The vote in Chicago came a day after California's AFL-CIO sent a letter to state Democrats with the same message.

It was a crucial victory for Davis, who believes keeping the name of any prominent Democrat off the recall ballot will reduce the chances of his being recalled.

The labor backing comes amid crumbling public support from Davis' fellow party members. Some have called for a strong candidate on the two-part ballot to ensure the governorship remains in Democratic hands if Davis is recalled. Feinstein was a favorite of many.

On the Republican side, State Sen. Tom McClintock of Thousand Oaks filed his candidacy papers Tuesday. Rep. Darrell Issa, who bankrolled the recall drive, has said he will be a candidate.

Former Mayor Richard Riordan has said he will consider running if Schwarzenegger doesn't.

Former congressman and U.S. Senate candidate Michael Huffington is considering a run, and The Washington Post reported Wednesday that Huffington's ex-wife, columnist Arianna Huffington, will announce her candidacy on Wednesday's Today show.

The deadline for candidates to file candidacy papers is 5 p.m. Saturday.

Not all unions have taken the AFL-CIO's stance. The California Correctional Peace Officers Association, the 31,000-member prison guards union that has traditionally been one of Davis' top supporters and donors, is staying neutral for now, Executive Vice President Lance Corcoran said Tuesday.

"We've been a longtime supporter of Gov. Davis. At this particular time we're waiting, like many others, to make any endorsement," Corcoran said.