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To: Lurking Libertarian
Note also that the 9th has not imposed a remedy.

They did-- they ordered the recall postponed to March 2004, which is when the State was previously scheduled to have replaced all the punchcard machines.

Like a typical Libertarian you got it all wrong.

I am not sure libertarians can Read but you could try what I did... I read the decision. The 3 member panel voted to stay the vote on Oct 7th. And they voted to wait a week to execute the stay. They did not set a new date for it to be held. They held up the execution of the stay for a week so the supreme court could consider an appeal.

At this moment there is no stay in effect. The stay of the election will not be put in force until at least a week from now.

If the Supreme Court does not take the case away from them, they will issue stay for the recall next week, and then decide when to have the recall. The California Constitution says the vote MUST take place 80 days after the recall petitions are filed. If they stall until next spring, they can then declare the entire process NULL AND VOID. Since the election did not take place in the timely manner required by the California Constitution. Thus holding the election next spring is indeed unconstitutional.

They did not set a date so the 80 day limit would not be a matter before the Federal Supreme Court.

One of the most appealing things about Libertarians is they never check their facts.


67 posted on 09/15/2003 3:17:48 PM PDT by Common Tator (I support Billybob. www.ArmorforCongress.com)
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To: Common Tator
"If the Supreme Court does not take the case away from them, they will issue stay for the recall next week, and then decide when to have the recall. The California Constitution says the vote MUST take place 80 days after the recall petitions are filed. If they stall until next spring, they can then declare the entire process NULL AND VOID. Since the election did not take place in the timely manner required by the California Constitution. Thus holding the election next spring is indeed unconstitutional. "

===

Thanks for the explanation.

Good grief! So they may manage to totally thwarth the recall by their legal wranglings! Amazing!

I hope the Supreme Court will hear the appeal and voids their decision.

73 posted on 09/15/2003 4:19:13 PM PDT by FairOpinion
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