Crap. The recall's back on -- disenfranchised voters be damned.

Let's hope the Supreme Court steps in to save the day.
(No I'm not holding my breath, but it would be nice, and I can dream, can't I?)

Here's the PDF Brief

Here's a story on CNN about it.

I'll be making the docs available in HTML soon...

Here's the full text of the article in case the link goes bad:

http://www.cnn.com/2003/ALLPOLITICS/09/23/recall.ruling/index.html

A second member of the U.S. military has been detained after being found with classified information on Guantanamo Bay detainees, CNN has learned. Details soon.

Appeals court reinstates California recall vote
Gubernatorial election gets green light for October 7

Tuesday, September 23, 2003 Posted: 1:19 PM EDT (1719 GMT)

Unless the U.S. Supreme Court steps in, California Gov. Gray Davis will face a recall vote on October 7.

SAN FRANCISCO, California (CNN) -- California's gubernatorial recall election should proceed as scheduled for October 7, a federal appeals courts ruled Tuesday, overturning last week's decision that delayed the proceeding.

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 American Civil Liberties Union argued that the recall election should be delayed until March because some counties would be using outdated and unreliable voting equipment.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 cited 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 a high minority population.

But the judges said such a claim of voting mishaps was only a "possibility," not "a strong likelihood."

Unless the ACLU goes to the U.S. Supreme Court and that court halts the proceedings, California voters will head to the polls in two weeks and decide whether Democratic Gov. Gray 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.

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 scheduled 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.