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All Judges Rule to Allow California Recall Election to Proceed as Planned
Aired September 23, 2003 - 13:18 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: Punch card ballots will not postpone the California recall. That's the decision from the 9th U.S. Circuit Court of Appeals. National correspondent Bob Franken in Los Angeles now joins us live with the details -- Bob.
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Well, Kyra, I'm going to use a legal term here, a "slam dunk" is the legal term. That is exactly what we had here with all 11 judges who just about 16 hours before had finished hearing this case, operated with blinding speed to decide that the election should go on.
That, of course, overturns the ruling just a week before from a three-judge appeals court panel, meaning that the plans continue. Of course, none of the candidates ever stopped. The campaigning and the plans continue. There's going to be a debate tomorrow night. It is what Arnold Schwarzenegger call it is super bowl of debates. Could be because it's only one he's agreed to participate thus far, the one with the questions submitted in advance, as we all know.
But back to the court. The court, after hearing arguments that because six counties had the famous hanging chad machines, that they would not get equal treatment, which is required by the Constitution. Nevertheless, at the hearing the judges made it very clear that they would rule some like they did. Quote, "If the recall election scheduled for October 7, 2003, is enjoined," meaning stopped, "it is certain that the state of California and its citizens will suffer material hardship by virtue of the enormous resources already invested."
And, of course, that includes thousands upon thousands of absentee ballots that have already been submitted by the voters who are assume that it's going to go on October 7.
Now, what happens next? Well, that's up to the American Civil Liberties Union and its clients who are the ones who challenged the recall. The ACLU is deciding right now, they're involved in a bunch of meetings, if it is worth the effort to go to the U.S. Supreme Court. That's the last avenue left.
The question is whether it's worth the effort because virtually all legal experts say the highest court would be extremely reluctant to stop the process in California, particularly given its bruising experience in Bush v. Gore.
So the ACLU's going to decide if it proceeds. If it does it goes to the justice who handles this region, Sandra Day O'Connor, who would try and get a consensus on the court whether it even wanted to get involved.
And I point out again, it's just two weeks before the election. So the first question the Supreme Court would have to decide is whether it wanted to just totally throw its procedures in the air and decide this immediately.
It's not over yet, at least until the ACLU decides what it's going to do next, if anything -- Kyra.
PHILLIPS: Well, Bob, plain and simple, if you look at the voting procedures, I mean, there just is no way all systems could be created equal, right? I mean even though the money's been allocated, the plan has been put forward and the system is supposed to change and all sort of be on the same level, that's just no way you can do that, right?
FRANKEN: Well I think what you've just done is present the excellent argument for the state of California, possibly as well as they did in court yesterday.
That's precisely what they said, that state officials and those who support the recall say that, in fact, this is the best that they have right now to operate within California law, No. 1. And that no state, no jurisdiction has precisely equal voting procedures, that there's always some disparity. What the plaintiffs were arguing is that the disparity is greater here. They lost.
PHILLIPS: Maybe I should go back to law school. Bob Franken, thank you so much.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Proceed as Planned>
Aired September 23, 2003 - 13:18 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: Punch card ballots will not postpone the California recall. That's the decision from the 9th U.S. Circuit Court of Appeals. National correspondent Bob Franken in Los Angeles now joins us live with the details -- Bob.
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Well, Kyra, I'm going to use a legal term here, a "slam dunk" is the legal term. That is exactly what we had here with all 11 judges who just about 16 hours before had finished hearing this case, operated with blinding speed to decide that the election should go on.
That, of course, overturns the ruling just a week before from a three-judge appeals court panel, meaning that the plans continue. Of course, none of the candidates ever stopped. The campaigning and the plans continue. There's going to be a debate tomorrow night. It is what Arnold Schwarzenegger call it is super bowl of debates. Could be because it's only one he's agreed to participate thus far, the one with the questions submitted in advance, as we all know.
But back to the court. The court, after hearing arguments that because six counties had the famous hanging chad machines, that they would not get equal treatment, which is required by the Constitution. Nevertheless, at the hearing the judges made it very clear that they would rule some like they did. Quote, "If the recall election scheduled for October 7, 2003, is enjoined," meaning stopped, "it is certain that the state of California and its citizens will suffer material hardship by virtue of the enormous resources already invested."
And, of course, that includes thousands upon thousands of absentee ballots that have already been submitted by the voters who are assume that it's going to go on October 7.
Now, what happens next? Well, that's up to the American Civil Liberties Union and its clients who are the ones who challenged the recall. The ACLU is deciding right now, they're involved in a bunch of meetings, if it is worth the effort to go to the U.S. Supreme Court. That's the last avenue left.
The question is whether it's worth the effort because virtually all legal experts say the highest court would be extremely reluctant to stop the process in California, particularly given its bruising experience in Bush v. Gore.
So the ACLU's going to decide if it proceeds. If it does it goes to the justice who handles this region, Sandra Day O'Connor, who would try and get a consensus on the court whether it even wanted to get involved.
And I point out again, it's just two weeks before the election. So the first question the Supreme Court would have to decide is whether it wanted to just totally throw its procedures in the air and decide this immediately.
It's not over yet, at least until the ACLU decides what it's going to do next, if anything -- Kyra.
PHILLIPS: Well, Bob, plain and simple, if you look at the voting procedures, I mean, there just is no way all systems could be created equal, right? I mean even though the money's been allocated, the plan has been put forward and the system is supposed to change and all sort of be on the same level, that's just no way you can do that, right?
FRANKEN: Well I think what you've just done is present the excellent argument for the state of California, possibly as well as they did in court yesterday.
That's precisely what they said, that state officials and those who support the recall say that, in fact, this is the best that they have right now to operate within California law, No. 1. And that no state, no jurisdiction has precisely equal voting procedures, that there's always some disparity. What the plaintiffs were arguing is that the disparity is greater here. They lost.
PHILLIPS: Maybe I should go back to law school. Bob Franken, thank you so much.
TO ORDER A VIDEO OF THIS TRANSCRIPT, PLEASE CALL 800-CNN-NEWS OR USE OUR SECURE ONLINE ORDER FORM LOCATED AT www.fdch.com
Proceed as Planned>
