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Fed. Court Orders Calif. Recall Postponed

HeadlineSep 16, 2003

A federal appeals court yesterday ordered the October 7th gubernatorial recall vote in California to be postponed likely until March 2. The three-judge panel unanimously ruled voters in six counties would be disenfranchised if they were forced to use antiquated punch-card voting machines similar to the ones used in the Florida presidential election three years ago. Experts say that votes cast using the punch-card system are two and a half times more likely not to register than votes cast on more modern equipment.

The court decision is expected to be appealed and may quickly land at the Supreme Court. The appeals court decision was based primarily on the findings of the high court in the Bush vs. Gore case which stopped the recount of Florida’s votes in 2000.

The Los Angeles Times reports that the delay raises additional questions for the state including whether to count the 100,000 ballots already submitted by absentee voters and whether new candidates would be allowed to join the race. It will also force candidates to prepare for a six-month campaign versus a six-week campaign.

Political analysts say Gray Davis, the Democratic governor who faces recall, stands to benefit most from a delay. Many Republicans protested the court’s decision including Darrell Issa, the state legislator who bankrolled the recall drive. Issa called the ruling an example of “judicial hijacking” He noted that all three judges on the panel were appointed by Democratic presidents.

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