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Court Delays California Recall Vote
9th Circuit Allows One Week for Appeal to Supreme Court
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By William Booth
Washington Post Staff Writer
Monday, September 15, 2003; 3:00 PM
LOS ANGELES -- Three weeks before voters are scheduled to go to the polls in California's historic recall, a federal appeals court today postponed the Oct. 7 election, ruling that the use of older punch-card ballot machines would disenfranchise poor and minority voters.
A three-judge panel of the 9th U.S. Circuit Court of Appeals sided with the ACLU that the use of punch cards in six urban counties would subject voters there to a greater likelihood that the ballots would be misread or discarded as happened during Florida's election fiasco in the presidential vote in 2000.
In it's decision, the judicial panel relied in part on the Supreme Court ruling that decided the hotly contested race between then vice president Al Gore and then Texas governor George W. Bush. The court wrote today, "The choice between holding a hurried, constitutionally infirm election and one held a short time later that assures voters that the 'rudimentary requirements of equal treatment and fundamental fairness are satisfied' is clear. . . . These issues are better resolved prophylactically than by bitter, post-election litigation over the legitimacy of the election, particularly where the margin of voting machine error may well exceed the margin of victory. The Supreme Court's admonition in [the Florida case] bears re-quoting: 'The press of time does not diminish the constitutional concern. A desire for speed is not a general excuse for ignoring equal protection guarantees.' "
The appeals court, however, said it would give the California secretary of state, the top election official, one week to appeal its decision. That appeal could be directed to an 11-member panel of the 9th Circuit or more likely to the U.S. Supreme Court.
The postponement adds more drama to what has been a sensational political campaign to remove Gov. Gray Davis (D) from office and replace him with one of 135 contenders.
If the election is postponed until March, Davis and his strategists believe they can beat back the recall, as the embattled governor will have many more months to calm voter anger. That March election also will feature the state's presidential primary and voter turnout, especially among Democrats, is expected to be higher than it is for the recall election.
A postponement would also throw the campaigns of his replacement challengers into turmoil, as their runs for office were based on strategies of a quick sprint versus a months long marathon.
Peter Ragone, a spokesman for Davis, who has supported a delay in the election, told CNN that "anything that would lead to more people participating in the election would be good for California."
There was no immediate comment from the campaigns of the major candidates seeking to replace Davis. However, Doug Woods, who argued the case for the state before the 9th Circuit panel last week, said then that if the court suspended the election, California officials would seek an appeal to the Supreme Court.
The case was focused on the question of the accuracy of older punch-card voting systems in six California counties. Even before the recall election was on the agenda, California Secretary of State Kevin Shelley (D) determined that the punch-card voting system in six counties -- Los Angeles, Mendocino, Sacramento, San Diego, Santa Clara and Solano -- had unacceptably high error rates, and they had been ordered by courts to replace their voting systems before the state's primary in March. But those plans were disrupted by the recall. Most were forced to use the old punch-card system for the Oct. 7 vote.
Recall opponents, recalling the confusion caused by such systems in the disputed 2000 presidential vote in Florida, said they could leave many votes disenfranchised.
The state's lawyers argued in court that errors in those counties was what would be expected and should not be a cause to delay the recall.
Some officials have also expressed concerns that there could be widespread voter confusion about polling places in the state for the recall election. Because of the short lead-up time to the election, only about 15,000 polling places are ready, state officials said. That number could grow, but it is expected to less than the usual 20,000 polling places in a normal election.
The decision by the 9th Circuit panel overturns a ruling by U.S. District Judge Stephen Wilson, who said the election should be held because it reflected the will of California voters.
The decision came in the midst of busy campaign day here. Former president Bill Clinton is in California campaigning with Davis and urging voters to defeat the recall. And Arnold Schwarzenegger, a key Republican challenger, appeared on the Oprah Winfrey syndicated television show today with his wife, Maria Shriver.
In the past few days, Democrats and Davis have been showing increased signs of vigor. A Los Angeles Times poll found Californians almost evenly split on the recall. Lt. Gov. Cruz Bustamante (D), who is also on the ballot as a possible replacement for Davis, and Davis made their first impromptu joint appearance at the state party convention Saturday in an appeal for unity.
On the Republican front, the party is still split between its two candidates, Schwarzenegger and state Sen. Tom McClintock, who vows not to get out of the race, thereby possibly splitting the GOP vote.
The decision also puts on hold two propositions on the ballot.
Staff writer Edward Walsh contributed to this story.
? 2003 The Washington Post Company
Court Delays California Recall Vote
9th Circuit Allows One Week for Appeal to Supreme Court
advertisement
By William Booth
Washington Post Staff Writer
Monday, September 15, 2003; 3:00 PM
LOS ANGELES -- Three weeks before voters are scheduled to go to the polls in California's historic recall, a federal appeals court today postponed the Oct. 7 election, ruling that the use of older punch-card ballot machines would disenfranchise poor and minority voters.
A three-judge panel of the 9th U.S. Circuit Court of Appeals sided with the ACLU that the use of punch cards in six urban counties would subject voters there to a greater likelihood that the ballots would be misread or discarded as happened during Florida's election fiasco in the presidential vote in 2000.
In it's decision, the judicial panel relied in part on the Supreme Court ruling that decided the hotly contested race between then vice president Al Gore and then Texas governor George W. Bush. The court wrote today, "The choice between holding a hurried, constitutionally infirm election and one held a short time later that assures voters that the 'rudimentary requirements of equal treatment and fundamental fairness are satisfied' is clear. . . . These issues are better resolved prophylactically than by bitter, post-election litigation over the legitimacy of the election, particularly where the margin of voting machine error may well exceed the margin of victory. The Supreme Court's admonition in [the Florida case] bears re-quoting: 'The press of time does not diminish the constitutional concern. A desire for speed is not a general excuse for ignoring equal protection guarantees.' "
The appeals court, however, said it would give the California secretary of state, the top election official, one week to appeal its decision. That appeal could be directed to an 11-member panel of the 9th Circuit or more likely to the U.S. Supreme Court.
The postponement adds more drama to what has been a sensational political campaign to remove Gov. Gray Davis (D) from office and replace him with one of 135 contenders.
If the election is postponed until March, Davis and his strategists believe they can beat back the recall, as the embattled governor will have many more months to calm voter anger. That March election also will feature the state's presidential primary and voter turnout, especially among Democrats, is expected to be higher than it is for the recall election.
A postponement would also throw the campaigns of his replacement challengers into turmoil, as their runs for office were based on strategies of a quick sprint versus a months long marathon.
Peter Ragone, a spokesman for Davis, who has supported a delay in the election, told CNN that "anything that would lead to more people participating in the election would be good for California."
There was no immediate comment from the campaigns of the major candidates seeking to replace Davis. However, Doug Woods, who argued the case for the state before the 9th Circuit panel last week, said then that if the court suspended the election, California officials would seek an appeal to the Supreme Court.
The case was focused on the question of the accuracy of older punch-card voting systems in six California counties. Even before the recall election was on the agenda, California Secretary of State Kevin Shelley (D) determined that the punch-card voting system in six counties -- Los Angeles, Mendocino, Sacramento, San Diego, Santa Clara and Solano -- had unacceptably high error rates, and they had been ordered by courts to replace their voting systems before the state's primary in March. But those plans were disrupted by the recall. Most were forced to use the old punch-card system for the Oct. 7 vote.
Recall opponents, recalling the confusion caused by such systems in the disputed 2000 presidential vote in Florida, said they could leave many votes disenfranchised.
The state's lawyers argued in court that errors in those counties was what would be expected and should not be a cause to delay the recall.
Some officials have also expressed concerns that there could be widespread voter confusion about polling places in the state for the recall election. Because of the short lead-up time to the election, only about 15,000 polling places are ready, state officials said. That number could grow, but it is expected to less than the usual 20,000 polling places in a normal election.
The decision by the 9th Circuit panel overturns a ruling by U.S. District Judge Stephen Wilson, who said the election should be held because it reflected the will of California voters.
The decision came in the midst of busy campaign day here. Former president Bill Clinton is in California campaigning with Davis and urging voters to defeat the recall. And Arnold Schwarzenegger, a key Republican challenger, appeared on the Oprah Winfrey syndicated television show today with his wife, Maria Shriver.
In the past few days, Democrats and Davis have been showing increased signs of vigor. A Los Angeles Times poll found Californians almost evenly split on the recall. Lt. Gov. Cruz Bustamante (D), who is also on the ballot as a possible replacement for Davis, and Davis made their first impromptu joint appearance at the state party convention Saturday in an appeal for unity.
On the Republican front, the party is still split between its two candidates, Schwarzenegger and state Sen. Tom McClintock, who vows not to get out of the race, thereby possibly splitting the GOP vote.
The decision also puts on hold two propositions on the ballot.
Staff writer Edward Walsh contributed to this story.
? 2003 The Washington Post Company
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