9th Circuit Court Of Appeals Says Recall Election, As It Now Stands, Is Unconstitutional Due To Improper Voting Equipment

Bravo! Bravo! I must say, I am pleasantly surprised by this thoughtful ruling by the 9th District Court of Appeals.
(Too bad the Supreme Court wasn’t as thoughtful in the 2000 presidential election.)

Appeals court blocks California recall

By Bob Franken and Kelly Wallace for CNN.

The ruling follows a hearing last week at which the American Civil Liberties Union argued that election officials should have more time to replace antiquated voting machines in several California counties.
The ACLU said the punch-card system could disenfranchise voters in six counties, including Los Angeles, the state’s largest. Those six counties include 44 percent of state voters and have heavy concentrations of minority voters.
A lower court last month had rejected the request, but the appeals court disagreed.
“In sum, in assessing the public interest, the balance falls heavily in favor of postponing the election for a few months,” the court concluded, citing the U.S. Supreme Court’s Bush v. Gore decision that settled the 2000 presidential election.
“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.”
Mark Rosenbaum, a lawyer for the ACLU, called the decision “a masterpiece.”


Here is the full text of the article in case the link goes bad:
http://www.cnn.com/2003/ALLPOLITICS/09/15/recall.delay/index.html
Appeals court blocks California recall
Voting equipment ‘defects’ cited
Monday, September 15, 2003 Posted: 5:45 PM EDT (2145 GMT)
California Gov. Gray Davis talks to reporters Monday, following a court decision postponing the recall election.
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3 thoughts on “9th Circuit Court Of Appeals Says Recall Election, As It Now Stands, Is Unconstitutional Due To Improper Voting Equipment

  1. Passerby

    “Thoughtful ruling” my ass.
    The *same* machines that voted Davis into office have now been deemed “unfair” and unfit for voting.
    I call BullShit.
    This is just the same “tie it up in the courts” shit that the Dems and Pubs did in 2000. I tell ya, there’s nothing like having the judiciary branch extending its role beyond its purpose.

  2. Bill Alread

    Hey Lisa,
    Great things DO happen!!! As with Bush vs. Gore
    The Recall will continue.
    We can finally get rid of overspending,
    vote-buying Gray Davis !!!!!
    There is JUSTICE in the Courts !!!
    Have a nice day!!!

  3. Bill Alread

    Hey Lisa,
    Great things DO happen!!! As with Bush vs. Gore
    The Recall will continue.
    We can finally get rid of overspending,
    vote-buying Gray Davis !!!!!
    There is JUSTICE in the Courts !!!
    Have a nice day!!!

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