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Kiss of Death
Location: Perpetual wind and sorrow
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9th circuit allows recall to proceed???
http://www.cnn.com/2003/ALLPOLITICS/...ing/index.html
Quote:
SAN FRANCISCO, California (CNN) -- Barring some unforeseen move, California voters will decide in two weeks whether to kick Democratic Gov. Gray Davis -- under fire for his stewardship of the state's economy -- out of office.
The state's unprecedented gubernatorial recall election got the green light Tuesday from a federal appeals court, which overturned last week's decision delaying the October 7 vote.
The American Civil Liberties Union, which had sought the postponement, indicated it would not appeal Tuesday's ruling to the U.S. Supreme Court, suggesting the recall election is in the clear.
The unanimous ruling from an 11-judge panel with the 9th U.S. Circuit Court of Appeals came less than 24 hours after a hearing at which the ACLU argued that the recall election should be delayed until March when some counties would be able to replace outdated and unreliable voting equipment.
But the judges rejected that claim, concluding that more harm would come from postponing the election than allowing it to move forward. The ruling overturned a decision from a three-judge panel from the same court to postpone the election.
"There is no doubt that the right to vote is fundamental, but a federal court cannot lightly interfere with or enjoin a state election," the 11 judges ruled. The judges said that "hundreds of thousands" of absentee voters already have cast their ballot and that the candidates have crafted their campaigns to coincide with the October 7 election.
"These investments of time, money and the exercise of citizenship rights cannot be returned," the ruling said.
The judges said the ACLU had raised some valid points, particularly as they relate to the claim that the use of punch-card ballots would disproportionately affect minority voters. That machinery is used in six counties with large minority populations, and the six counties make up about 44 percent of registered voters.
But the judges said such a claim of voting mishaps was only a "possibility," not "a strong likelihood."
A coalition of civil rights groups originally had sought to delay the election in U.S. District Court, which denied the request. But the three-judge appeals panel granted it last week -- a move that turned out to be short-lived with Tuesday's ruling.
ACLU won't appeal
As it stands, Californians will face a two-part vote on October 7. They will decide whether Davis should be ousted. They also will pick a replacement -- choosing from 135 names on the ballot -- in case Davis is recalled.
Voters also will consider two statewide initiatives: Proposition 53, a proposed constitutional amendment requiring that a portion of the state budget be set aside for infrastructure spending, and Proposition 54, a measure that would restrict the ability of government agencies to collect racial data.
Kevin Shelley, California's secretary of state and chief elections officer, commended the judges on what he said was "their carefully reasoned deliberation and -- perhaps most importantly -- swift opinion."
An aide to Lt. Gov. Cruz Bustamante -- who was required by the California Constitution to set the date for the election -- said her boss, the leading Democratic contender in the recall race, also was pleased that the decision was a quick one.
"There are many important issues facing Californians, and now we can move on and let the people decide who they want to lead them," said Lynn Montgomery, chief of staff for Bustamanate.
A spokesman for Arnold Schwarzenegger, the leading Republican candidate, hailed the ruling as "good news."
"The election has been ongoing with absentee ballots, hundreds of thousands of votes have already been cast, and now is time to move on to Election Day on October 7," said spokesman Sean Walsh.
A spokesman for an anti-recall group suggested his organization would not pursue further legal appeals but called on officials to make sure the election would be fair.
"It is time to move forward, but it is now doubly important that counties do everything in their power to make sure every single vote is counted," said Peter Ragone, communications director for Californians Against the Costly Recall.
Meanwhile, Davis was scheduled to appear Tuesday with another high-profile Democrat, part of a bid to cast the recall as some sort of national referendum.
Democrats are trying to depict the recall election as an effort by Republicans to overturn an election they could not win in November, when Davis was re-elected to a second term.
Davis is set to discuss homeland security with Democratic presidential candidate Sen. Joe Lieberman in Santa Ana, while Schwarzenegger has a town hall meeting scheduled in Sacramento.
Even Schwarzenegger's wife, television journalist Maria Shriver, is in on the act, speaking to the Commonwealth Club in San Francisco on "Ten Things You Should Know About Arnold."
On Wednesday, the leading recall candidates -- including Schwarzenegger who has skipped earlier forums -- will gather for a debate.
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I must say I am surprised by the move, I think for once this court made the right decision. I guess they aren't half bad when they have the full 11 Judges presiding rather than 3. Reactions? THoughts?
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To win a war you must serve no master but your ambition.
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