Feds: Recall Nixed, Ari Deep-Sixed,

Feds: Recall Nixed, Ari Deep-Sixed, Ahnold Perplixed - The Ninth Circuit has just delayed the recall until March 1:

"A federal appeals court postponed California's Oct. 7 gubernatorial recall election, ruling Monday that the historic vote cannot proceed because some votes would be cast using outmoded punch-card ballot machines."

Lots of peoples' 15 minutes of fame just got extended by six months.

UPDATE: Powerline has the usual high grade analysis:

There are several ironies here. The Democrats' most recent ploy has been to disparage the recall as the latest in a series of "undemocratic" efforts by Republicans to overturn the popular will. (How an election can be undemocratic is unclear, but never mind.) It will be interesting to see how they react to something that is truly undemocratic; i.e., a court's order that an election called pursuant to state law not take place.

The implications of the court's order are unclear. Is the court telling us that it is unconstitutional for any county in America to use punch card machines? Or just these counties in California? Was every election held over the last 100 years unconstitutional? Or is the Constitutional right to non-punch card voting machines one that just now came into being?

Also, the court's solicitude for the possibility of punch card error is ironic in the context of the massive voter fraud that afflicts American elections. If voters are Constitutionally entitled to elections free of punch card error, are they also entitled to elections that are free of voter fraud? Or, more precisely, if counties are Constitutionally required to use the most up to date technology to reduce the relatively remote chance of machine error, why aren't they also required to use the most up to date technologies to reduce the much greater risk of voter fraud? And if punch cards are unconstitutional, why aren't Motor Voter laws?

And isn't the court's rationale - that minorities are more likely to screw up with punch-cards - an odd thing to say to minority voters.

SON OF UPDATE: In the quote above, Hindrocket asks "Was every election held over the last 100 years unconstitutional?".

As if on cue, Scrappleface says "9th Circuit Court Reverses Elections Since 1964".

Truth is stranger than satire these days.

Posted by Mitch at September 15, 2003 01:17 PM