Voting Rights - Archive

WomenMatter will continuously post updates on all this and other issues as we monitor the continuing philosophical and practical debates nationwide. Please check back often for updates. Past updates are available for reference on the Voting Rights Archives page.

Recall Ready? California’s Contentious Election May Be Later Rather than Sooner

On Monday, September 15, 2003, a federal appeals court decided to postpone the California recall election.

Their decision was based on arguments made by the American Civil Liberties Union (ACLU), which claims that California’s outdated voting machines will prevent a fair election.

Many of the state’s most populous counties (including Los Angeles County) are still using punch-card voting machines that are considered faulty by the Secretary of State’s office. Approximately 40,000 votes would not be counted if the recall election were to take place as scheduled, on October 7.

To punch or not to punch

Those who want Democratic Governor Gray Davis out of office are likely to appeal to the Supreme Court. They argue that since the punch-card machines were used to vote Davis into office, they are good enough for voting him out. Some election officials believe that the punch-card system will be more accurate now that the public is aware of possible problems, such as hanging or dimpled chads.

The ACLU maintains that the increased awareness of punch-card voting does not transform it into a fair and accurate system. The ACLU is especially concerned because the six counties with punch-card machines have high populations of minority voters.

A three judge panel of the 9th Circuit Court of Appeals agreed with the ACLU’s equal protection claim. They stated that equal voting rights would be denied to those voters who used the outdated punch-card machines. To those who believe that judges follow their personal philosophies and their political history, it was somewhat predictable that the 9th Circuit Court of Appeals agreed with the ACLU, since this panel of three judges has a reputation for being one of the most liberal appellate courts in the country.

How does this affect the race?

The postponement is good for Democrats. Fewer Democrats are likely to vote in a special October 7th recall election than in the March 2nd primary, which is when the recall will take place if the postponement is upheld. For the same reason, the postponement is less favorable for Republicans and others who just want Governor Davis out now. President Clinton and other Democrats campaigning against the idea of recall claim that recall of an elected official every time there are difficult economic times or tough decisions have to be made undermines the whole electoral system. Is it like impeachment, as they say, a way to change the result of an election lost?

The postponement is not likely to affect the ballot itself. Arnold Schwarzenegger (R), Lt. Governor Cruz Bustamante (D), and Senator Tom McClintock (R), all plan to continue their campaigns until Election Day, regardless of when that day occurs.

Since the Supreme Court is in summer recess and will not reconvene until October, it is unclear if the October 7th election date can be re-established. Check back with WomenMatter to find out both the date and the argument that makes it through our court system.

To read more about the California recall, click here. To discuss this matter with other WomenMatter readers, click here.

Update Posted on: 9/16/2003

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