JUDGE: ALL VOTERS CAN PICK DAVIS REPLACEMENT COURT: YES OR NO VOTE ON RECALL NOT REQUIRED.

Byline: Staff and Wire Services

A San Diego judge struck down a portion of the state's recall law on Tuesday, saying voters will be allowed to cast a ballot for a potential successor to Gov. Gray Davis even if they don't vote on whether he should be recalled.

``What is at stake is the right of a voter to decide who shall succeed the governor, if recalled. Every voter, whether they voted for or against that recall, has a paramount interest in choosing the person who will govern them,'' said U.S. District Judge Barry Moskowitz.

The decision, while not likely to change the timing or outcome of the Oct. 7 special election, should eliminate confusion that might have affected the way some voters cast ballots, an election law expert said.

Under the state law first drafted in 1911, voters could say yes or no on whether Davis, a Democrat, 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.

Also on Tuesday, the field of likely candidates continued to widen as Republican businessman Bill Simon took out papers in Los Angeles County for a rematch against Davis, who defeated him last year. Simon joined some 40 mostly unknown candidates in Los Angeles County and dozens more statewide who have taken out papers.

Actor Arnold Schwarzenegger is expected to announce by the end of this week that he is not running, while former Mayor Richard Riordan, who has said he probably will run if Schwarzenegger does not, is still considering his decision.

The Los Angeles City Council voted 13-0 to oppose special recall elections because of the cost, with supporters including Dennis Zine, one of the council's two Republicans. The council's other Republican, Greig Smith, was absent.

Council members said voters should be made aware of the election's cost to the state, estimated by election officials at $35 million. They also expressed concern about how easy it is for a candidate to run for governor on the recall ballot, only requiring 65 signatures and a $3,500 fee.

``It costs more for the Olsen twins to get a star on the Hollywood Walk of Fame then it does for individuals to be on the governor's ballot,'' said Councilman Eric Garcetti.

Council members also suggested that the ballot contain a financial disclosure statement relating to the cost of the election, and questioned whether one could be added in Los Angeles, but were told the ballot's content would be uniform throughout the state.

City officials expressed concern that local voters may be confused on election day because the number of polling places will be barely a third of the usual number. Countywide elections have almost 5,000 polling places, but the Oct. 7 recall vote will have only about 1,800, a move designed to save money and cope with the short amount of time to prepare.

The precinct consolidation is similar to that for individual city elections, said Kris Heffron, county chief deputy registrar of voters.

Registrar Conny McCormack plans to take steps to ensure that voters aren't confused by highlighting polling locations on voter pamphlets and through the news media. She has authority to hire 1,600 temporary workers to help with preparations and hired about 75 over the weekend.