Judges cite potential for punch-card error

KTVOTV3 ^ | 9/15/2003 | AP

[yonif]

San Francisco-AP -- According to a federal appeals court -- if the California recall election were to take place as scheduled, it would be constitutionally flawed.

The court today ordered the postponement of the October seventh vote.

The three-judge panel brought back memories of the 2000 presidential election -- in saying that the use of punch-card machines by six counties would cause the results to be challenged in court.

The judges in San Francisco wrote that it's "virtually undisputed" that the punch-card systems are much more likely to result in a ballot not being counted. And they said voters in counties that use the machines are more likely to be disenfranchised.

The state constitution says a recall election has to take place within 80 days after enough signatures are collected. But the judges said it's not a good enough reason to hold a vote in which tens of thousands of votes could be wrongly counted or thrown out.

[mewzilla]

Didn't CA pass legislation mandating that the new machines be in place for the '04 election cycle? If they were content to leave it until then, how in Hades does the 9th Circus think they can get away with this?

[sauropod]

At what point does a free people reject tyrannical judges' rule and hold the election anyway?

[Poohbah]

Believe me, that WILL be identified as an issue in the appeal. The judges had every opportunity to consider the possibility of a special election and include instructions for handling it in their ruling; they opted not to. They can't suddenly flip like this.

[mewzilla]

Well, Heaven help us if the SCOTUS doesn't come through...

[kdf1]

Who and how many judges got bought? They should be recalled also.

[marsh2]

Who reimburses the counties with "legal" systems for the costs of printing and mailing ballots that they have already incurred? (These are in the tens of thousands of dollars.) Will we have to incurr more expense for a delayed election?

[marlon]

I think the judges saying that the state constitution stating that an election be held within 80 days is not good enough reason about says it all. California's (US of for that matter) new slogan should be Constitution, we don't need no stinking constitution!

[mewzilla]

If I understand this correctly, the Circus stayed their own ruling and because of that absentee ballotting can continue. FWTW. No guarantee the votes will ever be counted properly, though.

[45Auto]

The only thing that is "Constitutionally flawed" is the 9th Circuit itself.

[sauropod]

And then they will come out and say that the Pubbies are trying to steal the election by insisting the law be followed. Just like in the Algore election.

[goldstategop]

And the 2002 election which used the same procedure is also prima facie unconstitutional? Then all of the elected officials in California have no legal standing to continue in office, which illustrates how ridiculous this Nine Circus ruling is, if you take it to its logical conclusion. Let's hope the SCOTUS sees just how bad this ruling out of California is and overturns it pronto.

[Fire_on_High]

Whiskey Tango Foxtrot?! I'm not one to see racism at every action and turn, but this is blatant racism! How in the blazes are those liberal creeps going to weasel out of the fact they just called minorities too stupid to figure out a punch card? IF it were actually a complicated issue, which it's NOT, how hard would it be to have posters and brochures showing the proper procedure at each polling place? This is a blatant refusal to take the chance on having to surrender power.

[mewzilla]

Or that punch cards were good enough when they got Gray-out elected. But it's not racism when Dems do it....

[whereasandsoforth]

I called this one wrong! Just a few days ago I stated that I couldn't imagine the 9th could be this stupid and risk there reputation on a shut-down. When will I ever learn?

[Sacajaweau]

Sure do like the timing of Bubba and the Judges!!! Ain't that special!!

[mewzilla]

Guess Bubba decided the Circus needed a goose, or maybe some greasing...

[NJJ]

. . . a vote in which tens of thousands of votes could be wrongly counted or thrown out.

Oh! That explains how Davis got elected by the same flawed process.

[joltinjoe]

Interesting how we never threaten to withhold money from Mexico for building illegal settlements in what used to be free-kalifornia.

[TX Bluebonnet]

Don't all elections have a potential for error? Why not declare elections unconstitutional?