[Monty22]

Davis is so hated that any attempt to save him will backfire in a big way.

Go ACLU go!

[BurbankKarl]

Recall election date hanging in the balance

By DAVID KRAVETS

The Associated Press

SAN JOSE

A federal judge on Friday was considering postponing California's Oct. 7 recall vote after civil rights groups argued that the hurry-up election is forcing changes in the voting process that require federal approval.

Civil rights lawyers argued that under the federal Voting Rights Act of 1965, any changes in the voting process must be pre-cleared by the Justice Department in places like Monterey County that have a history of low voter participation.

"I don't think there can be an election without pre-clearance," warned U.S. District Judge Jeremy Fogel during two hours of oral arguments Friday. He said he might rule anytime.

The election, just 53 days away, is forcing some counties to make a number of money-saving changes that lack federal approval. The cases argued Friday focus on Monterey County, which, among other things, plans to cut costs by reducing its usual 190 polling places to 86 and hiring fewer Spanish-speaking poll workers.

The California Attorney General's office and Monterey County officials conceded that they need federal approval, and that without it, the entire recall election, including the two voter initiatives on the ballot, would have to be postponed, perhaps to the March primary.

Justice Department spokesman Jorge Martinez said the department was reviewing the state's pre-clearance request. And if the federal government approves the changes before Oct. 7, "there's no harm, no foul," argued Leroy Blankenship, Monterey's assistant county counsel.

But it's already too late to get federal approval, argued the Mexican American Legal Defense and Educational Fund and the Lawyers Committee for Civil Rights. They said the changes had to be approved before the election was certified by the state secretary on July 23, or perhaps even earlier.

"You must pre-clear your voting changes before they are adopted," said attorney Robert Rubin, of the Lawyers Committee.

Monterey, with its large Hispanic population and history of low turnout among Hispanics, is one of four California counties subject to the "pre-clearance" requirement under the Voting Rights Act. The others are Merced, Kings and Yuba.

The 1965 law was intended to prevent the various means that had been used in the South to disenfranchise black voters, such as changes in polling stations or other requirements imposed on voters just before Election Day.

The cases are Oliverez v. California, 03-3658 and Salazar v. Monterey County, 03-03584.

___

Editors: David Kravets has been covering state and federal courts for a decade.

Published: Friday, August 15, 2003 15:10 PDT

[.38sw]

Hmmmm. If it is a requirement to speak English to be a naturalized citizen of the United States, then why should it be a concern that there aren't enough Spanish-speaking poll workers? And, if you are supposed to be a citizen in order to vote, why is this an issue?

These are, of course, rhetorical questions.