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Judge threatens to delay election
San Jose Mercury News ^ | Sat, Aug. 16, | Edwin Garcia

Posted on 08/16/2003 7:02:32 AM PDT by tdadams

A San Jose federal judge late Friday threatened to halt California's first-ever gubernatorial recall vote unless the federal government can ensure that minority voters won't be left out of the political process.

U.S. District Court Judge Jeremy Fogel issued a temporary restraining order preventing Monterey County from proceeding with its preparations because its election plan has not been reviewed by the U.S. Department of Justice, a requirement for certain counties where the voting rights of minorities have been violated in the past. The statewide election could not proceed unless voters in all counties can participate. [snipped]

Specifically, Fogel barred the county from mailing absentee ballots to overseas voters, the next step in its preparations.

But civil rights attorneys, who have said the speedy election violates the Voting Rights Act of 1965 and have sought to postpone the election to the March presidential primary, praised the judge's order.

(Excerpt) Read more at bayarea.com ...


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events; Politics/Elections; US: California
KEYWORDS: arnold; california; davis; democrats; greydavis; huffington; injunction; recall; republicans; shwarzenegger; specialelection; zeroapprovalrating
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But civil rights attorneys, who have said the speedy election violates the Voting Rights Act of 1965 and have sought to postpone the election to the March presidential primary, praised the judge's order.

What a crass and transparent act of political calculation, made even more repugnant by the use of the race card. There is no real concern for minorities in this maneuvering. It's merely a pretext to delay the election and give Davis a fighting chance of staying in office.

This article seems to be saying until proven otherwise, we should presume that minorities will be prevented from voting and need to have special protection to have their vote counted. How patronizing!

1 posted on 08/16/2003 7:02:33 AM PDT by tdadams
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To: tdadams
This is the stuff revolutions are made of.
2 posted on 08/16/2003 7:05:52 AM PDT by Eric in the Ozarks
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To: 2Fro; all_mighty_dollar; Arkat Kingtroll; Battle Hymn of the Republic; billycat95130; Bullgoose; ...
Silicon Valley
Click for San Jose International, California Forecast
Send FReepmail if you want on/off SVP list
Silicon Valley Slang

Oh, hot diggity dog. < /s>

3 posted on 08/16/2003 7:06:49 AM PDT by martin_fierro (A v v n c v l v s M a x i m v s)
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To: tdadams
Once Jeremy realizes that Warren intends to gut Proposition 13, the election will move forward.
4 posted on 08/16/2003 7:09:03 AM PDT by Roscoe
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Comment #5 Removed by Moderator

To: tdadams
While it might be for the purpose of mobilizing their forces of liberalism who've been caught napping, in the long run, it is nothing to be afraid of to have scrutiny of anyone who turns out to be a candidate. I think the 200+ candidates is a zoo.

If there's time, let the Repubs/conservatives run a primary campaign and select a candidate. If it's Arnie, then no one can complain. If it's a conservative, then we've got better ideas being proposed.

The campaign slogan should be: ROLL BACK THE BUDGET FRAUD!

Slice everything that was added to the budget because of lies about the size of the deficit or the projected income.

6 posted on 08/16/2003 7:13:20 AM PDT by xzins (In the Beginning was the Word)
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To: tdadams
Easy fix:

Have the Justice Dept approve the plans on Monday, and announce that they will be sending special teams of US Marshals to observe the voting in these 'special' districts to ensure there is no voter intimidation, or fraud for that matter ...
7 posted on 08/16/2003 7:20:28 AM PDT by fnord ( Hyprocisy is the tribute vice pays to virtue)
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To: tdadams
So what part of a state's electoral process can't the feds overrule? Medical pot? Recalls? Individual counties need to get Uncle Sam's APPROVAL to participate in the recall? And just how is it that only having 90 days notice for an upcoming election somehow limits the voting ability of minorities? It takes them that long to decide which way to vote? Typical Rat BS.

This is too much.
8 posted on 08/16/2003 7:23:10 AM PDT by 11B3 (Looking for a belt-fed 12 guage. Liberal season is coming up.)
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To: tdadams
The first sentence should read like this,

A San Jose federal judge late Friday threatened to halt California's first-ever gubernatorial recall vote unless the federal government can ensure that the illegal aliens will be left out of the political process.

9 posted on 08/16/2003 7:25:22 AM PDT by jetson
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To: tdadams
A San Jose federal judge late Friday threatened to halt California's first-ever gubernatorial recall vote unless the federal government can ensure that minority voters won't be left out of the political process. U.S. District Court Judge Jeremy Fogel issued a temporary restraining order preventing Monterey County from proceeding with its preparations because its election plan has not been reviewed by the U.S. Department of Justice, a requirement for certain counties where the voting rights of minorities have been violated in the past. The statewide election could not proceed unless voters in all counties can participate. [snipped]

Oh, so Mr. Fogel WANTS an armed uprising.

Gotchya.

10 posted on 08/16/2003 7:35:13 AM PDT by Lazamataz (PROUDLY POSTING WITHOUT READING THE ARTICLE SINCE 1999!)
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To: tdadams
At the current rate of $35M per day, this decision could cust California taxpayers $5,250,000,000. If he makes this ruling he should be immediately impeached and then tarred and feathered.
11 posted on 08/16/2003 7:35:27 AM PDT by Mad_Tom_Rackham
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To: tdadams
The dem organization needs to move a half million wetbacks north so that the will be able to vote against recall one or more times. The rights of these minority voters suffer as a result of the October election. Further, if the neocommunists make an stink about minority voting rights, then the wetbacks who are already here will have fewer problems voting more times if the poll watchers are already primed to avoid even the hint of offending a "guest voter."
12 posted on 08/16/2003 7:37:02 AM PDT by Tacis
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My revised prediction:

1. Delayed election
2. Cruz
3. No Recall
4. Mary Carey
5. The rest of the field

13 posted on 08/16/2003 7:39:32 AM PDT by Consort
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To: fnord
Have the Justice Dept approve the plans on Monday, and announce that they will be sending special teams of US Marshals to observe the voting in these 'special' districts to ensure there is no voter intimidation, or fraud for that matter ...

An easier fix: Californians tell the federal government to stay the hell out California's elections. That's all.

14 posted on 08/16/2003 7:50:25 AM PDT by Mad_Tom_Rackham
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To: tdadams
I specialize in election law. Having read the entire article it is clear that the only impediment to the election that the judge recongized was that under the Voting Rights Act four counties in California require acceptance of their election procedures by the US Justice Department.

Under Attorney General John Ashcroft, that US approval will come promptly, and this case will then be dismissed. The same goes for the Hispanic case filed separately before the same judge. (Given the background of the judge, this is "forum-shopping" or looking for a judge who's most likely to rule your way.)

This is a tempest in a teapot. Both cases will be dead within 8 days, based on the interim order the judge has issued now.

Congressman Billybob

Latest column, "Nuts and Bolts in California" posted on FR, also published in San Francisco and on UPI.

15 posted on 08/16/2003 8:15:08 AM PDT by Congressman Billybob ("Don't just stand there. Run for Congress." www.ArmorforCongress.com)
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To: Congressman Billybob
I specialize in election law.

Thanks for your expertise here. Can you help me to understand how minorities could be possibly left out of the election process? Is it not a matter of going to the local polling place and casting a ballot?

How does being Black or Hispanic keep one from casting a ballot?

Somebody please help me here.

16 posted on 08/16/2003 8:25:00 AM PDT by Semper911 (For some people, bread and circus are not enough. Hence, FreeRepublic.com)
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Comment #17 Removed by Moderator

To: Semper911
"How does being Black or Hispanic keep one from casting a ballot?"

I've been asking the same question - not only about the California elections, but also about the Texas redistricting. The Rats are trying to use the same "minority voter disenfranchisement" down there too.

18 posted on 08/16/2003 8:40:19 AM PDT by 11B3 (Looking for a belt-fed 12 guage. Liberal season is coming up.)
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To: jetson
Of course. Two months isn't enough time for the illegals to get drivers licenses and regsister to vote. This is total f**king outrage if a Clinton hack stops the recall.
19 posted on 08/16/2003 8:50:29 AM PDT by novacation
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To: Semper911
You hit the nail on the head. Being "Black or Hispanic" will not prevent anyone from going to the polls and voting, with no greater or less difficulty than anyone else. However, I guarantee this right now: Subtantial numbers of Blacks and Hispanics will go to the polls, and WILL have the Palm Beach problem -- inability to read and follow instructions (which are even posted on the walls of every polling place in English and Spanish), and casting a valid basis.

Law suits will then follow, claiming discrimination but in fact based on the ignorance of individual voters. I've discussed those on another thread.

Congressman Billybob

Latest column, "Nuts and Bolts in California" posted on FR, also published in San Francisco and on UPI.

20 posted on 08/16/2003 9:14:13 AM PDT by Congressman Billybob ("Don't just stand there. Run for Congress." www.ArmorforCongress.com)
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