A US federal appeals court has halted California's recall election to replace Gov. Gray Davis, saying the obsolete punch card voting machines still used in six counties had an unconstitutionally high rate of error.
"The Secretary of State is enjoined from conducting anelection on any issue on October 7, 2003," a three-member panel of the Ninth US Circuit Court of Appeals wrote in its 66-page opinion that sent immediate shockwaves through the state.
The court stayed its order for seven days to allow the parties to either appeal its ruling to a full 11-judge panel of the Ninth Circuit or directly to the US Supreme Court.
The Republican-led recall election has galvanized the state as few political contests with Democrats, including former President Bill Clinton and Davis, claiming that Republicans are trying to steal elections they cannot win in the heavily Democratic state.
Dave Gilliard, whose group Rescue California spearheaded the recall drive against Davis, said they will appeal the decision "immediately."
He added, "We think we'll be going to the Supreme Court. Because of the timing there is no reason to mess with the Ninth circuit."
Secretary of State Kevin Shelley, in San Francisco,appeared surprised by the decision, but declined to comment indetail. "I have to continue to prepare for this election," hesaid.
But a spokesman for embattled Gov. Davis, who has longsought a delay of the vote, welcomed the decision. "Anythingthat leads to greater enfranchisement in California issomething we support," spokesman Peter Ragone said.
"The Ninth Circuit panel has ruled and delayed the electiondue to voting rights concerns, but its word is not final. Wewill continue to campaign for the Oct. 7 elections until theissue is resolved in the courts," he added.
The three-judge panel found fault with the punch cardsystem, used by 44 percent of the state's electorate, sayingthat because of "technological defects" with the machines some40,000 votes would effectively not be counted.
Punch cards were invented in the late 19th century, but itwas not until 1964 that they were first used in elections.
After hearing arguments last week from lawyers for theACLU, Shelley and Costa, the court agreed with the plaintiffsthat the punch card system is "so flawed that the Secretary ofState has officially deemed it 'unacceptable' and banned itsuse in all future elections."
Compounding the problem, the court said, was the fact thatelection officials could only ready about a quarter of thestate's polling places in time for the special election.
The panel said the recall election should be put off untilMarch when new voting machines will be in place throughout thestate.
"We would be remiss if we did not observe that this is acritical time in our nation's history when we are attempting topersuade the people of other nations of the value of free andopen elections," the court wrote.
It added: "Thus we are especially mindful of the need todemonstrate our commitment to elections held fairly, free ofchaos, with each citizen assured that his or her vote will becounted and with each vote entitled to equal weight. A shortpostponement of the election will accomplish those aims andreinforce our national commitment to democracy.
"In sum, in assessing the public interest the balance fallsheavily in favor of postponing the election for a few months."