Appeals Panel Hears Arguments for Halting California Recall Election

[Judi Lynn]

Appeals Panel Hears Arguments for Halting California Recall Election
Posted - September 11, 2003 2:59pm


Pasadena, Calif. (AP) - A three-member federal appeals court panel, clearly troubled by the prospect that some 40,000 voters might be disenfranchised by the use of punch-card ballots in the recall election, challenged lawyers Thursday to explain why the election should be allowed.

The legal challenge echoes problems with "hanging chads" in Florida during the 2000 presidential election. It appears to be the last major legal challenge that could halt the Oct. 7 election.

U.S. 9th Circuit Court of Appeals Judge Harry Pregerson said in court it was clear that the California secretary of state had found the punch-card system, still used in six counties, unacceptable because of errors. The six counties are already under court order to replace them by March.

"Does this mean that we have to accept the unacceptable?" Pregerson asked a lawyer arguing that the election should go forward. (snip/...)

http://www.wjla.com/news/stories/0903/102211.html

[qb]

1. What's this? A judge who actually starts with the assumption that

people's votes should be counted? This is unheard of! Bravo!

[David__77]

2. Laudable questions. I hope that voting rights wins the day.

I'm not a judge, but my impression is that according to the laws of the state and the constitution, the election should not be held until equal protection is assured. This is not unreasonable since it will be so by March, which is a regularly scheduled election.

[Proud_American]

3. Help me figure this out

Does postponing the recall election until March work to our advantage or theirs?

[PartyPooper]

4. Ours!

Because, presumably, more Democrats would show up at the polls to vote for this 'recall' thingie...which happens to fall on the same day as the Democratic primary! Plus, there would be added time for the soldiers serving overseas to receive their ballots!

:dem:

[Rose Siding]

5. Plus it works to the advantage of ALL who vote

It seems their machines have already been judged as unacceptable.

[Proud_American]

6. Thanks PP and P_L

Hadn't considered those angles and I couldn't agree with you more! Thanks again for enlightenment!

[David__77]

7. Cannot say for sure.

We have some momentum now and in my opinion can win if we all work hard. However, "conventional wisdom" is that a delay will be advantageous to the incumbant. I do believe that Arnie would crack under prolonged scrutiny and a GOP alternative would emerge in the interim. That would be interesting...

[dusty64]

8. Anyone know when a

decision will be made. There are so many problems with this recall I can't imagine it being legal as is.

[David__77]

9. Not known... probably "early next week."

That's what has been said. Of course, they could always wait a while, gumming up the works in terms of their decision (if it's to delay) being overturned by the Supreme Court. Justice O'Conner is responsible for "emergency" appeals in the 9th circuit, so I hear. I'd be more comfortable with John Paul Stevens, but I'm OK regardless of how the courts rule. We must be politically prepared to defeat this thing, whether on 10/7 or in March.