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Federal judge says he may delay California's Oct 7 recall
KESQ News ^ | August 15, 2033 | AP

Posted on 08/15/2003 5:39:00 PM PDT by Canticle_of_Deborah

(San Jose-AP) -- A federal judge in San Jose says he may decide to postpone California's October recall vote.

US District Judge Jeremy Fogel heard from civil rights groups earlier today. They argued that the quick election is forcing changes in the voting process that require federal approval.

Under the federal Voting Rights Act, 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 turnout.

Fogel set a hearing for August 29th. He suggested he may delay the election at that hearing if federal approval hasn't happened by then.

Also today, Fogel ordered Monterey County not to mail out its overseas ballots until the issues are resolved.


TOPICS: Breaking News; Crime/Corruption; Government; News/Current Events; Politics/Elections
KEYWORDS: calgov2002
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To: Canticle_of_Deborah
The rats will do anything to stay in power, even to subvert the will of the people.


21 posted on 08/15/2003 6:03:08 PM PDT by darkwing104 (Let's get dangerous)
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To: Canticle_of_Deborah; SierraWasp; RonDog; Carry_Okie; sasquatch; marsh2; bigfootbob; ...
WE get left without power in more ways than one.
22 posted on 08/15/2003 6:05:04 PM PDT by farmfriend ( Isaiah 55:10,11)
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To: AEMILIUS PAULUS
America has already fought against America once -1861-1865.

Yes, and none of us want that to happen again.

However, when federal judges become tyrannical rulers, and Democrats run away rather than do their duty as the minority like is happening in Texas right now, they bring us one step closer to the breakdown of our institutions.

23 posted on 08/15/2003 6:06:56 PM PDT by EternalVigilance
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To: All
This doesn't surprise me one little bit.
24 posted on 08/15/2003 6:08:48 PM PDT by sofaman
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Comment #25 Removed by Moderator

To: Rabid Republican
Pong!
26 posted on 08/15/2003 6:09:43 PM PDT by Bonaparte
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To: William Creel
"Fogel was a Clinton appointee."

Approved by our clueless Senate.

27 posted on 08/15/2003 6:12:06 PM PDT by Neanderthal
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To: farmfriend; Rabid Republican
Thanks!
28 posted on 08/15/2003 6:14:45 PM PDT by Canticle_of_Deborah (Schwarzenegger, who gave 1 million to his campaign on Tuesday, called Buffett "my mentor and my hero)
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To: EternalVigilance
Yep.! "And if the sun of our Republic is to go out into the endless night of history, then let it depart amid the roar of cannon and the din of battle." Speaker of The House Of Representatives. G. Grew July 1861.
29 posted on 08/15/2003 6:16:02 PM PDT by AEMILIUS PAULUS (Further, the statement assumed)
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To: Canticle_of_Deborah; section9; Nick Danger; Lazamataz
"Under the federal Voting Rights Act, any changes in the voting process must be pre-cleared by the Justice Department..."

Either lawyers and judges have been progressively [pun intended] dumbed down over time, or else Davis' allies are sincerely desperate...because for one thing, California's recall law has been in place since BEFORE the federal Voting Rights Act (note for NY Times Reporters and others who are "slow" due to diversity of everything except ideology: that means that the recall isn't a "change" in procedures for the Justice Department to review).

And for another thing, it's a cinch for Ashcroft to review the recall anyway, as the recall is the MOST DEMOCRATIC election possible.

Bar none.

So for anyone with even a modicum of sense or an ounce of a classical education, this whole legal challenge is meaningless. Sadly, there are probably entire law schools that can't accurately comprehend what I've just written above.

Sigh...

30 posted on 08/15/2003 6:17:29 PM PDT by Southack (Media bias means that Castro won't be punished for Cuban war crimes against Black Angolans in Africa)
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To: sofaman
Like Tom has a shot in CA...

After Ahnold's Economic Advisor said today we should raise property taxes, and Ahrnold is still hiding in his mansion? You better bet Tom has a shot. Hell Coleman wasn't so dense to campaign on that.

31 posted on 08/15/2003 6:18:53 PM PDT by PeoplesRep_of_LA (Governor McClintock on October 7, 2003!)
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To: Canticle_of_Deborah
Fogel set a hearing for August 29th. He suggested he may delay the election at that hearing if federal approval hasn't happened by then.

This makes it sound like Attorney General Ashcroft will decide when the election should be held.

32 posted on 08/15/2003 6:19:26 PM PDT by Scenic Sounds (All roads lead to reality. That's why I smile.)
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To: Scenic Sounds
Since when is a STATE election in a federal judge's jurisdiction? It seems to me he is exceeding his authority.
33 posted on 08/15/2003 6:21:41 PM PDT by goldstategop (In Memory Of A Dearly Beloved Friend Who Lives On In My Heart Forever)
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To: Southack
Sounds like a reasonable interpretation to me. I'd like to think that they are shooting all of their guns now rather than come crawling out after the election to challenge the results.
34 posted on 08/15/2003 6:28:53 PM PDT by Dolphy
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To: goldstategop
Since when is a STATE election in a federal judge's jurisdiction? It seems to me he is exceeding his authority.

Well, the article suggests that there is an issue with California's compliance with the Voting Rights Act. As to the Congress's right to pass the Voting Rights Act, see Section 2 of the Fifteenth Amendment.

35 posted on 08/15/2003 6:30:57 PM PDT by Scenic Sounds (All roads lead to reality. That's why I smile.)
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To: goldstategop
According to liberals, the voting rights of Latinos supercede everything. At least, that is their spin.
36 posted on 08/15/2003 6:32:18 PM PDT by Kuksool (There are No Guarantees in the Gray Recall)
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To: goldstategop
"Since when is a STATE election in a federal judge's jurisdiction?"

Its because of 3 counties (Monterey and couple others) have had a poor minority voter turn out in the past. These 3 are on some sort of federal guidance/monitoring/review to ensure it doesn't happen again.

37 posted on 08/15/2003 6:32:39 PM PDT by spokeshave (Will vote for a new 187 and retain prop 13...I guess that leaves McClintock)
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To: CarmelValleyite
Wake up; didn't you notice the NJ and Minn twists the demoncrats put on law of elections? This no surprise. It is precisely what the democrats relish ... cause racial strife and contention between states' rights and the fed. It is their stock and trade and they have packed the federal bench to be able to do it whenever and wherever they choose. This points out why the feckless pubbies need to start playing hardball with the democrap judicial obstructionism. I'm losing patience with them!
38 posted on 08/15/2003 6:41:53 PM PDT by MHGinTN (If you can read this, you've had life support from someone. Promote life support for others.)
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To: Kuksool
I wouldn't be suprised if the 9th Circuit Court of Appeals voids the Recall election.

Rubbing highly motivated people's noses in the mess of federal powers over and over is a very bad idea.

39 posted on 08/15/2003 6:44:49 PM PDT by Centurion2000 (We are crushing our enemies, seeing him driven before us and hearing the lamentations of the liberal)
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To: Centurion2000
I would be shocked if the courts stop this recall. Even federal judges don't usually want to incur the wrath of millions of voters from both parties.
40 posted on 08/15/2003 6:51:22 PM PDT by Dog Gone
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