So I thought about this, and maybe legal eagles can weigh in:
Have two concurrent votes - one on the recall itself and another that serves as an actual election in the event the recall is successful. We'll assume that the Governor cannot stand for election if he is recalled, so he would not be on the ballot in the election vote. In the event the recall is successful, then the results of the election are certified. If the recall fails, then the results of the election are void.
I think a concurrent vote is a recipe for disaster. Lots of accusations of being confused and probably serious risks about the voters intent in the case of that confusion. A combined vote on the ballot COULD work.
The petition to hold the vote has been achieved, but a petition is not a vote.
I think the easiest way is to have the ballot go
- Do you think Governor Fitz should be recalled
[ ] Yes
[ ] No
- If the Governor is recalled who would you vote for?
[ ] Governor Fitz
[ ] GAWorth
If the No wins, it goes no further. But if the Yes wins, then the second question gets counted.
I'd be very wary of assuming that Fitz has no right to run if recalled. He's been removed from the office, but that really is only removal pending a final vote. Granted most people who have been recalled, naturally, don't bother running as a candidate.
But yes, another constitution with gaping and massive holes in its language.
Poll
