9th circuit court delays California recall

The link is to the full ruling; Clayton Cramer summaries thusly:

As transparently political as their decision is (putting off voting on Prop. 54 until the primary election), so far, from my reading, it looks to be correct. I haven't checked their footnotes (always useful with the Ninth Circus), but the essential arguments are:

Punch cards are very inaccurate compared to modern voting methods.
Because some counties still use them, voters in those counties will be disenfranchised relative to voters in counties that don't use them, thus violating equal protection.
The California Constitution does require a recall election within 60-80 days after the recall has been certiified, and this will be violated--but the California Constitution is clearly inferior to the 14th Amendment's equal protection clause in terms of authority. Therefore, with the choice of ignoring the California Constitution, or the 14th Amendment, the California Constitution's requirement goes by the wayside.

Posted on 2003-09-16 00:37:33.0 by matthew@triggerfinger.org

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