QUESTION OF FAIRNESS

"I don't think someone should be voted out of office because the voters don't like them any more," said Barbara Pavey, a Republican from Hollywood. "It's petulant."

That, in a nutshell, is what has become the main rationale against the recall: Even if you don't like Davis, he has done nothing so terrible that it justifies such a drastic act. A recent Los Angeles Times Poll showed that the view had been embraced by roughly half of California's voters -- mostly by Democrats, but by many independents and a few Republicans too. Davis needs to barely top 50% of the vote on Oct. 7 to stay in office.

"I think the tide is moving in our direction," Davis said in a recent television interview. "I think people realize that a recall is an extreme reaction, should not be taken except in cases of criminality or in impeachable offenses or gross abuse of office, none of which exist here."

Other arguments exist, of course. Many opponents of the recall cite specific issues on which they prefer a Democratic governor. Labor unions point to laws protecting workers, conservationists single out environmental laws, civil rights advocates point to measures that aid minorities. Other recall opponents say they flirted with supporting the recall, but decided that none of the candidates to replace Davis promised a clear improvement.

For most, however, the case against the recall rests on an elaboration of Pavey's objection: The recall is baldly partisan; threatens the civility that allows American democracy to work; has become a "circus" that mocks the electoral process; is inherently undemocratic; and has exposed serious flaws in a nearly century-old law that had never before been put to the test.

The opposition reprises many of the arguments made against the impeachment of President Clinton. "That's really what a recall is, it's an impeachment," said USC law professor Erwin Chemerinsky, who helped draft a proposed constitutional amendment that would revise California's recall statute.

Just as in the Clinton impeachment, the recall campaign has aroused strong feelings and considerable bitterness on both sides. Many critics of the recall point out that the law allows citizens to attempt to recall an elected official for any reason, no matter how petty.