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8
Wednesday, September 23, 2003
NATION
THE BATTAL
Appeals court allows California recall vote
v By David Kravets
THE ASSOCIATED PRESS
SAN FRANCISCO — With
stunning decisiveness, a federal
appeals court Tuesday unani
mously put California’s recall
election back on the calendar for
Oct. 7, sweeping aside warnings
of a Florida-style fiasco two
weeks from now.
The American Civil
Liberties Union, which had
sought a postponement, said it
would not appeal to the U.S.
Supreme Court, removing the
final legal roadblock to the
recall and setting up a 14-day
sprint among the candidates in
the historic election to remove
Gov. Gray Davis.
The 11-member panel of the
9th U.S. Circuit Court of
Appeals swiftly overturned a
decision issued last week by
three of the most liberal judges
on the court.
The three judges had post
poned the election until perhaps
March to give six counties more
time to switch over to electronic
voting systems from the error-
prone punch-card ballots that
caused the recount mess in Florida
during the 2000 presidential elec
tion. The panel repeatedly cited
the Supreme Court’s Bush v. Gore
decision that effectively decided
the 2000 election.
The more conservative 11-
judge panel acknowledged that
allowing the election to go for
ward now could cause some
votes to go uncounted. But the
panel said that the candidates,
the voters and the state have
already spent a huge amount
of time and money on the
assumption the election would
be held Oct. 7.
If the election is postponed, the
court said, “it is certain that the
state of California and its citizens
will suffer material hardship by
virtue of the enormous resources
already invested in reliance on the
elections proceeding on the
announced date.”
“In short, the status quo that
existed at the time the election
was set cannot be restored
because this election has already
begun,” the court said in a ruling
issued less than 20 hours after
the panel heard arguments.
The judges acknowledged
the possibility of lawsuits after
the votes are in and counted,
saying the ACLU is “legiti
mately concerned that use of
the punch-card system will
deny the right to vote to some
voters who must use that
system.”
But the court added: “At this
time it is merely a speculative
possibility, however, that any
such denial will influence the
result of the election.”
Some observers thought a
delay would have benefited
Davis by allowing voter anger
over the state’s problems to
cool, and because many
Democrats would be drawn to
the polls for the presidential
primary in March.
But even Davis said in
recent days that he wanted to
see the election go forward
next month, and campaigns
from both parties hailed the
court's decision.
“I think we have the momen
tum and I think we should strike
while the iron is hot,” the gover
nor said while campaigning with
presidential candidate Sen. Joe
Lieberman. “I think people are
deciding as the date narrows, as
the date is around the comer,
Recall limbo didn’t
deter registrations
Thousands of people registered
to vote as late as Monday, the
last day to register, California
election officials said. Los
Angeles County had 7,000
registrations in a seven-hour
span despite the unclear fate of
the recall election at that time.
Officials haven’t yet released
statewide data that includes
Monday’s new voters.
Percent of eligible voters that
are registered to vote
100 percent
80
60
40
20
•90 ’92 94 96 '98 00 02 03*
‘Registered voters through Aug. 8
SOURCE: California Secretary of
State
that this is not good for
California. I’d rather have the
election now.”
Arnold Schwarzenegger, the
leading Republican in the race,
said: “This legal process has
made clear that a March election
would deprive the people of
California the opportunity to
vote without delay and without
confusion. It is time for the legal
wrangling to end.”
Davis, a Democrat, has seen
has approval ratings sink for his
handling of California’s ailing
economy and energy crisis. Lt.
Gov. Cruz Bustamante is running
as a fallback Democratic candi
date if voters oust Davis, and
Republicans Schwarzenegger and
state Sen. Tom McClintock are
among 135 candidates also can
paigning for Davis’job.
Legal scholars had predici
Tuesday’s outcome, if noli
unanimous vote. A day afteri
three-judge panel delayed I
vote, the court announced
would reconsider the case n
11 judges — a sign the courtb
misgivings.
The 11 judges — none«
whom were on the origin:
three-judge panel — based Ik
decision on the Calif®;
Constitution, not any precede:
set by Bush v. Gore.
Among other things, dt
court cited the time and mot:
that have been spent to prepr:
voter information pamphle:
and sample ballots, mail on
absentee ballots, and hire are
train poll workers.
It noted that candidates b:
raised money and "crafted b
message to the voters in light d
the originally-announced sched
ule and calibrated their messaget
the political and social enviror
ment of the time.”
Also, it said that if the elec
tion is postponed, the hundrec
of thousands of absentee voterJ
w ho have already cast their bai
lots “will effectively be toldtb
the vote does not count andtb
they must vote again."
Dorothy M. Ehrlich, ikl
ACLU’s executive directorfej
Northern California, said ik|
ACLU will not pursue its easel
the Supreme Court.
“With the elect ion jusi two
weeks away, we do not belieuj
we should prolong the unce;
tainty any longer,” she sail
“At this point it is importaml
that the candidates, the cam
paigns and the voters know
that the election will be kid
on a date that is certain.”
World leaders demand collective efforts
By Edith Lederer
THE ASSOCIATED PRESS
UNITED NATIONS —
Meeting for the first time since
the United States went to war
against Iraq without U.N.
authorization, world leaders on
Tuesday criticized President
George W. Bush’s policy of
“pre-emptive” military strikes
and demanded that conflicts and
global threats be resolved col
lectively by all nations.
The fallout from the divisive
Security Council battle over the
war, which sidelined the United
Nations after more than a
decade of trying to disarm
Saddam Hussein, was a focal
point of every speech on the
opening day of the U.N.
General Assembly’s annual
ministerial debate.
Despite lingering differences
over the war, nations rallied
behind Secretary-General Kofi
Annan’s call to join forces to
build a peaceful democracy in
Iraq, but sharp differences
remained over the timetable and
the U.N. role.
French President Jacques
Chirac, who led
the opposition to
the war, criti
cized the United
States for
launching a war
without U.N.
approval and
undermining the
international sys
tem of collective
security. That
system, he said,
must now be
modernized
and restored.
The problems facing the
world today — including Iraq
The war (in Iraq)
has created far many
more problems than
those it intended to
solve.
use of force or laying down uni
versal norms,” he said.
South African President Thabo
Mbeki said Iraq raised questions
about “the very future of the
United Nations.” He said it was a
test of whether the world body
enjoyed the confidence of the
world and was capable of being
“the principal guarantor of inter
national peace and security.”
“The poor of the world
expect an end to violence and
war everywhere,” Mbeki said.
“For us, collectively, to meet
these expectations, will require
that each and every one of us,
both rich and poor ... commit
ourselves practically to act. This
includes the most powerful.”
Annan set the stage for the
two-week session, challenging
the 191 U.N. member states
before they arrived to re-exam
ine the way the international
community is dealing with wars,
terrorism, poverty and other
threats to international security.
He urged world leaders not to
shy away from recommending
“radical” changes — including
to the United Nations.
His call brought 86 presi
dents and prime ministers,
three vice presi
dents, 99 for
eign ministers,
and three heads
of delegation to
U.N. headquar
ters, a very large
turnout for the
annual session.
Chirac said it
‘‘definitely
shows that the
U.N. is not dis
credited as
some have tried
to say or have
World leaders debate rebuilding Iraq
In the first gathering of the U.N. General Assembly since the
United States invaded Iraq and ousted Saddam Hussein, world
leaders are debating how to handle the postwar transition.
ON THE WAR
ON POSTWAR IRAQ
* United
States
President
George W.
Bush
The deadly combination
of outlaw regimes, terror
networks and weapons of
mass murder is a peril
that cannot be ignored or
wished away.”
“This process must unfold
according to the needs of Iraqis
- neither hurried nor delayed
by the wishes of other parlies.”
5 I
French
President
Jacques
Chirac
“In an open world, no one The transition needs to be
can isolate themselves, no conducted "according to a realistic f
one can act alone in the timetable.” The transfer of
name of all.” sovereignty to the Iraqis, who
must have sole responsibility foe
their future, is essential for stability |
and reconstruction."
U.N.
Secretary
General
Kofi
Annan
Bush’s “pre-emptive"
attack on Iraq “could set
precedents that result in
a proliferation of the
unilateral and lawless use
of force, with or without
credible justification."
The U.N. is “prepared to play a
full role” in Iraq “as part of an
international effort.” “If it takes extra
time and patience to forge... a
policy that is collective, coherent
and workable, then I ... would
regard that time as well spent."
SOURCE: Associated Press
Megawati Sukarnoputri
Indonesian President
— can be addressed only in a
multilateral forum like the
United Nations, which guaran
tees “legitimacy and democracy,
especially in matters regarding the
us believe.”
In his keynote address at
Tuesday’s opening, the secre
tary-general criticized Bush’s
“pre-emptive” attack on Iraq,
warning that unilateral action
could result in a proliferation
of unlawful attacks “with or
without credible justification.”
He underlined that all
nations should collectively
address the threats that prompt
pre-emptive action — terror
ism and weapons of mass
destruction.
Indonesian President
Megawati Sukarnoputri
pointedly began her address
with praise and gratitude for
the United Nations from the
world’s largest Muslim
nation and strong criticism
for “the big powers” for their
attitudes toward Islamic
countries and for failing to
resolve the Israeli-
Palestinian conflict.
“The war (in Iraq) has
created far many more
problems than those it
intended to solve,” she said.
“I do believe that a great
many lessons can be
learned from the Iraq war.”
Rejecting unilateralism
she said all nations “
have the courage to review
revitalize and empower
the United Nations and
other regional institution
to strengthen international
cooperation.
Brazil’s President Lois
Inacio Lula da Silva said
impasse over reconstruction
Iraq “can only be overcofflf
under the leadership of tk
United Nations — leadership
not only in re-establishin!
acceptable security conditions
but equally in guiding thepolil
ical process toward the restora
tion of Iraqi sovereignty as soon
as possible.”
“We must not shy away
from our collective responsi
bilities,” he said. “A war can
perhaps be won single-hand
edly. But peace — lasting
peace — cannot be secured
without the support of all.”
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