TO:		CVF-NEWS
FROM:		Saskia Mills
DATE:		September 23, 2003
RE:		Recall election will go forward Oct. 7th

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Hi folks,

An eleven-member panel of the Ninth U.S. Circuit Court of Appeals has reversed an earlier decision by a three-judge panel of that court regarding the timing of California's Recall election. The en banc panel ruled this morning that the election should go forward on October 7th, as originally scheduled.

The full text of the opinion is available online at: http://www.ca9.uscourts.gov/ca9/newopinions.nsf/
BE5FACF826D7E79788256DAA00565FD7/$file/0356498eb.pdf?openelement

A summary of that opinion is online at: http://www.ca9.uscourts.gov/ca9/newopinions.nsf/
7F3BA4A0474E22B988256DAA0056D28D/$file/press-release-swvoter-enbanc.pdf?openelement

The summary, prepared by court staff, states in part, "The en banc panel concluded that the plaintiffs had not established a clear probability of success on the merits of their equal protection claim that voters in counties that use punch-card machines will have a comparatively lesser chance of having their votes counted than voters in counties that use other technologies. The en banc panel concluded that the district court did not abuse its discretion in determining 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."

Please note that the deadline for registering to vote in the Oct. 7th election was yesterday. More information about the Recall is on the California Voter Foundation's web site at http://www.calvoter.org/recall; for up-to-the-minute Recall news, CVF recommends Rough & Tumble, online at http://www.rtumble.com.

-Saskia Mills
Executive Director
California Voter Foundation

saskia@calvoter.org
(530) 750-7650

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This page was first published on September 23, 2003 | Last updated on September 23, 2003
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