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Appeals Court Reinstates California's Recall Election for Oct. 7 NewsMax.com Wires and NewsMax.comSAN FRANCISCO – A federal appeals court Tuesday reinstated California's gubernatorial recall election for Oct. 7. The 9th U.S. Circuit Court of Appeals unanimously reversed three of its own judges and upheld a lower court's decision to allow the election, for which absentee balloting has already begun. A three-judge panel of the 9th Circuit, all appointed by Democrats, had overturned the district court last week. The three said the vote shouldn't be held until next spring to give six urban counties more time to complete the switch from punch-card ballots to electronic voting machines. American Civil Liberties Union and other self-described civil rights groups claimed the October vote would disenfranchise minority voters. However, the evidence contradicts their argument. The 11-judge panel, which is the largest bench the 26-judge court permits to hear a case, consisted of eight Democrat appointees and three Republican appointees. "The district court did not abuse its discretion in concluding that plaintiffs will suffer no hardship that outweighs the stake of the state of California and its citizens in having this election go forward as planned and as required by the California Constitution," the opinion read. The Supreme Court is unlikely to agree to review the case.
Copyright 2003 by United Press International. All rights reserved.
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