The San Diego City Council voted to repeal a section of the city's recall code because it could be deemed unconstitutional if challenged in court.
San Diego Municipal code section 27.2726 said votes for a candidate in a recall election would not be counted "unless the voter also voted on the recall question." Because a similar code had been struck down by a state court in 2003, City Attorney Jan Goldsmith determine the code unconstitutional.
The city council also approved a review of all of the city's rules on recall elections and processes. That task will be taken up by the council's Rules and Economic Development Committee by the end of the year, according to a statement from Councilman Mark Kersey's office.
