Oral Argument in 9th Circus Punchcard Ballot (CA Recall) Case

U.S. Court of Appeals, Ninth Circus ^ | September 11, 2003 | N/A (recording)

[South40]

But these are newly licensed drivers and they may not read english, yet...

If Tom Mcclintock is successful in getting cruz bustamante elected they won't have to.

[ambrose]

No, I am politely asking you to comply with the rules of the forum, but you seem intent on turning every single thread into a flame war.

This thread pertains to litigation before the 9th Circuit. Do you have anything relevant to say about this particular subject?

[South40]

I am politely asking you to comply with the rules of the forum, but you seem intent on turning every single thread into a flame war.

You're desperate pal. I'm doing no such thing. I'm simply responding to your posts. And I'll suggest to you politely, again, if you don't care for the responses your posts gererate perhaps you should consider the context before posting them.

This thread pertains to litigation before the 9th Circuit. Do you have anything relevant to say about this particular subject?

My original post in this thread wasn't? I know you read it; you posted the entire text of the article to me.

Tell me how posting a link pertaining to the subject of the thread is anything but relevent.

My link.

[dc27]

Basically all the arguements the ACLU is using, should exclude the morons from voting. Last time I checked, the polling place is printed on the sample ballot that is mailed to your house.

[alwaysconservative]

And just what the hell do polling locations have to do with the punch card case? Pregerson is on crack.

LOL! How true! Note that a lack of facts doesn't prevent the ACLU from arguing the point, however.

[Brandon]

Lawyers for civil rights groups that want to stop the election argued that a statistical study showed 40,000 poor and minority voters might have their ballots excluded if punch-card ballots are used in the Oct. 7 election.

I wonder if this might give the 9th Circus a way to punt? California has ... what? 30 or 35 million people? There will most likely be more than 10 million votes cast. The likelihood that either the yes/no on Davis, or the 1st and 2nd place finishers on Part 2, will be within 40,000 votes of each other is very small. The 9th could dismiss this case on the grounds that it is not ripe, and tell the ACLU to come back after the election if it looks like these allegedly disenfranchised 40,000 people could have changed the outcome.

[Political Junkie Too]

Yeah. I thought an overt act had to first happen before someone can go to the courts and claim that they were harmed. It would be wrong to stop an election because a few people had the possibility of doing something wrong by not following or understanding the instructions. Let's wait and see if harm actually occurred before going to the courts.

-PJ

[Brandon]

There's also the point that the ACLU, as I understand it, entered into a consent decree with the state back in 2001(?) over this exact issue. The decree requires that the punch card ballots not be used after March 1, 2004, which means that the ACLU was perfectly willing to have them used for the 2002 elections. Why was that okay, but now suddenly they are so terribly unfair that the will of the people of California must now be thwarted?

Never mind ... we already know the answer to that question, don't we?

[DoctorZIn]

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[DoctorZIn]

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[BJungNan]

This is not about polling places or punch card ballots or disenfranchisment. This is about politics. Will the go to the supreme court? Will the 9th have the nerver to undo the recall?

[Political Junkie Too]

I'm just now thinking that if the Ninth did try to stop it, that would shatter the Ninth and Tenth Amendments completely. The Federal government has no business interfering with the legitimate elections by the states. The Ninth and Tenth amendments have been hard to enumerate until now (to me), but a state's right to hold its own elections has to be an integral part of the Tenth Amendment. The people allowing themselves the right to recall is a Ninth Amendment right.

The Ninth Circuit Court better be ready for a constitution buster if they try to stop the election.

-PJ