'Chads' hang California polls
2003-09-16 09:02
Los Angeles - A US appeals court on Monday dropped a political bombshell by postponing October 7 polls aimed at ousting California's governor, because some voters would be forced to use a flawed voting system.
The Ninth Circuit Court of Appeals reversed a lower court decision that the vote should go ahead to honour the will of the people despite a battery of legal challenges, mostly brought by supporters of Governor Gray Davis.
But the court delayed implementation of the decision - which revives the spectre of the 2000 presidential electoral fiasco in the southern state of Florida - for seven days pending expected appeals to the US Supreme Court.
"(California's) secretary of state is enjoined from conducting an election on any issue on October 7, 2003," the judges said, sending shockwaves through the most populous US state. They did not set a new polling date.
Blow to Arnie
The move is expected to deal a blow to Republican movie star Arnold Schwarzenegger and the other 132 candidates vying to replace the Democratic governor blamed by foes for the state's financial woes.
The ruling by three judges sitting in Pasadena was based on fears that the state's aged punch-card voting system - the same type that caused Florida's electoral chaos - was error-prone and would distort the vote.
The suit brought by liberal groups, including the American Civil Liberties Union (ACLU) and the National Association for the Advancement of Coloured People, was the last of 12 challenges to the vote.
The court ruled that unequal voting systems across the state would violate the US Constitution and raised "almost precisely the same issue" as the Supreme Court case of Bush v. Gore that decided the 2000 election.
Hanging chads
The issue of "hanging chads" caused by the defunct machines left the US presidency hanging in the balance amid doubts over whether George W Bush or former vice president Al Gore had won the 2000 elections.
"The inherent defects in the system are such that approximately 40 000 voters who travel to the polls and cast their ballot will not have their vote counted at all," the judges wrote in a 66-page ruling.
The judges said it was "virtually undisputed" that the pre-scored punch-card voting system, which is being phased out but is still in use in some California counties, was more prone to error than others.
The judges said they would be "remiss" if they did not ensure that the election was fair at a time when the United States is "attempting to persuade the people of other nations of the value of free and open elections.
Free and fair elections
"Thus, we are especially mindful of the need to demonstrate our commitment to elections held fairly, free of chaos, with each citizen assured that his or her vote will be counted, and with each vote entitled to equal weight."
The ruling is seen as a boost for Davis's bid to keep his job in the vote ordered in July after his Republican opponents triggered the recall process. Davis hailed the judges' decision but said he would keep campaigning pending appeals.
"Right now I'm assuming the election will be on October 7 and I'm going to continue assuming that until we get a final determination from the courts," he said while campaigning in Los Angeles with former president Bill Clinton.
The ACLU - which wanted the polls delayed until punch-card machines, which they claim disadvantage minority voters, are replaced - welcomed the decision as "a masterpiece" and a victory for equal opportunity.
Analysts believe that if the vote is put off until presidential primary elections on March 2 as many expect, that Davis would have a better chance of surviving as Democratic voters come out to support their party nationally.
A shell-shocked Schwarzenegger demanded that Secretary of State Kevin Shelley immediately "appeal against this decision on behalf of the citizens who have exercised their constitutional right to recall Gray Davis, and who expect an election on October 7."
The action-movie star, saying the court's move was politically-motivated, vowed to "continue to vigorously campaign for governor. The people have spoken, and their word should - and will - prevail," he said.
Colourful campaign
Other prominent Republicans, including former gubernatorial candidate Bill Simon and the man who launched and bankrolled the recall effort, Darrell Issa, also rounded on the decision which came after millions of dollars have been spent on the very colourful electoral campaign.
Simon termed it an "outrageous interference with the rights of California voters and a transparent attempt to thwart the will of the people," while Issa said he was confident the ruling would be overturned.
A Los Angeles Times poll showed on Friday that 50% of voters would oust Davis and that lieutenant governor Cruz Bustamante was leading Schwarzenegger as the favourite to replace Davis by 30% percent to 25%.