A San Diego judge struck down a portion of the state´s recall law today. Voters will be allowed to cast a ballot for a potential successor to Governor Davis even if they don´t vote on whether he should be recalled.

The decision does not affect plans to hold a recall election October seventh.

Federal Court Judge Barry Moskowitz said, “What is at stake is the right of a voter to decide who shall succeed the governor, if recalled.”

Under the state law first drafted in 1911, voters could say “yes” or “no” on whether Davis should be recalled. Only if a “yes” or a “no” vote was cast could voters then choose a potential successor from a list on the same ballot. Moskowitz shot down that portion of the law.

The portion of the California Election Code in question, Section 11382, says “no vote cast in the recall election shall be counted for any candidate unless the voter also voted for or against the recall of the officer sought to be recalled.”

University of San Diego School of Law professor Shaun Martin declares, “The voters of California won.”