tuesday, September 16, 2003
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Court postpones recall vote
The Associated Press
SAN FRANCISCO - A federal appeals court threw California's tumultuous recall campaign into complete turmoil yesterday, postponing the Oct. 7 election because several counties planned to use the punch-card ballots that made such a mess in Florida three years ago.
The decision by the 9th U.S. Circuit Court of Appeals is certain to be appealed to the U.S. Supreme Court, putting the justices in a position to influence yet another monumental election.
The three-judge panel did not set a new date for the recall election, but backed a suggestion from the American Civil Liberties Union that the balloting be held during the March 2 presidential primary.
primary.
"It is virtually undisputed that ... punch-card voting systems are significantly more prone to errors that result in a voter's ballot not being counted than the other voting systems used in California," the
judges wrote.
The 9th Circuit is the nation's largest and most liberal federal appeals court. It was the 9th Circuit last year that declared the reciting of the Pledge of Allegiance in public schools unconstitutional because of the words "under God."
Yesterday's ruling was the last of about a dozen legal challenges to the attempt to unseat Democratic Gov. Gray Davis. Several candidates are running to replace him, including Democratic Lt. Gov. Cruz Bustamante, action star Arnold Schwarzenegger and conservative state Sen. Tom McClintock.
Davis would probably benefit the most from the ruling if the election were held in March, because the presidential primary is expected to bring a large number of Democrats to the polls. It could also give Davis more time to address the state's budget crisis and force Schwarzenegger, the GOP front-runner, into a longer campaign.
The appeals court unanimously ruled it is unacceptable that six California counties would be using outdated punch-card ballots _ the same system at the center of the recount furor that erupted in Florida after the 2000 presidential election.
The six counties include the state's most populous, Los Angeles, as well as Sacramento and San Diego counties. Altogether they contained 44 percent of California's registered voters during the 2000 election.
Ted Costa, head of the Peoples Advocate, one of the groups that put the recall on the ballot, said an appeal is certain.
"Give us 24 hours," he said.
The California official responsible for elections, Secretary of State Kevin Shelley, said through a spokeswoman he is consulting with fellow Democrat Attorney General Bill Lockyer. He would not say when the state would decide whether to appeal.
The Supreme Court could reinstate Oct. 7 as the date.
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If the high court does agree to hear the case, it would again be embroiled in another highly partisan political issue reminiscent of the 2000 election, in which the court declared Republican George Bush the winner.
Schwarzenegger called on the secretary of state to appeal. Both he and Davis said they would continue their campaigns in the meantime.
"Historically, the courts have upheld the rights of voters, and I expect that the court will do so again in this case," Schwarzenegger said in a statement. "The people have spoken, and their word should, and will, prevail."
"This recall has been like a roller coaster. There are more surprises than you can possibly imagine," Davis told reporters after appearing with former President Clinton at a school dedication in Compton. "I'll continue to make my case to the people that a recall is not good for them."
news
Teacher suspended for school computer porn
KANSAS CITY, Kan. - An elementary school teacher has been accused of having child pornography on his work computer, police said. Joseph T. Martin Jr., 46, of Olathe, was charged Friday after pornography was found at Whittier Elementary School in Kansas City, Kan., police said. He was suspended Thursday.
Barton deputy accident second in two years
GREAT BEND, Kan. - At traffic accident that killed a Great Bend man over Labor Day weekend was the second such accident in two years involving the same Barron County sheriff's deputy, authorities say.
Brian Frenzl, 40, died Sept. 1 when his motorcycle struck the
front end of David Paden's patrol car on Kansas 281. Paden also was involved in a January 2002 chase that claimed the life of 16-year-old Adam Mayers of Albert, the Sheriff's Department said.
Kline says sodomy case will nullify some laws
TOPEKA, Kan. - Attorney General Phill Kline said yesterday that if the state loses a sodomy case currently before a state appeals court, Kansas marriage laws and laws against sex with children will be nullified. Kline said the American Civil Liberties Union is attacking the state's prohibition of same-sex marriages as well as laws against polygamy, incest, bestiality and sex between adults and children. An ACLU attorney said Kline had distorted the group's arguments and dismissed his statements as "an act
of desperation."
The ACLU is representing Matthew Limon, convicted in 2000 of having sex at age 18 with a 14-year-old boy when both were residents of a Paola group home for the developmentally disabled.
Sunday liquor sales drawing challengers
TOPEKA, Kan. - Patty Allerheiligen is fighting efforts to bring Sunday liquor sales to the Kansas capital. She herself a liquor store owner, and is trying to persuade her customers to sign a petition in hopes of forcing an election on the issue.
nance allowing Sunday sales will take effect Oct. 26 unless opponents gather the signatures of 1,484 registered voters to force a special election. The city has about 40 liquor stores.
The Sunday sales wave started with liquor store owners in Kansas City, Kan., who complained that they were losing business to Missouri stores that could remain open. Topeka's ordi-
Sprint IT jobs cut after outsourcing deal made
KANSAS CITY, Mo. - Sprint Corp. said Monday it will use outside contractors to handle some software operations, a move that will affect hundreds of jobs at the Overland Park, Kan-based telecommunications company.
telecommunications company.
"Several hundred jobs" would be affected, sources said. Sprint's about 7,000 IT employees, including more than 5,000 in the Kansas City area, have known for months the company was considering outsourcing technology jobs.
The Associated Press
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