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Last Updated: Tuesday, 16 September, 2003, 04:18 GMT 05:18 UK
Court halts crucial California vote
Arnold Schwarzenegger
Actor Arnold Schwarzenegger is one of more than 130 candidates
A US court has thrown the vote on the future of the California's governor into turmoil after it ordered a delay to the poll.

The federal appeals court said the poll, scheduled for 7 October, could not go ahead because votes in some counties would be cast using outmoded, punch-card ballot machines.

Similar machines were at the heart of a controversy in the 2000 presidential election when confusion surrounding punch ballot cards in Florida led to a delay of more than a month in determining the winner.

This recall has been like a roller coaster
Governor Gray Davis
In the two-part vote Californians were due to be asked whether they wanted Democrat Governor Gray Davis to be removed from office and, if so, to pick a replacement.

The BBC's Justin Webb in Washington says there is general agreement that the decision - taken by one of the country's most liberal benches - benefits Mr Davis.

A Los Angeles Times poll published on Friday found 50% in support of the recall, with 47% saying they would vote to keep Governor Davis in office.

Full of surprises

The leading Republican challenger, film star Arnold Schwarzenegger, has already demanded that the state appeal against the court's ruling.

We are especially mindful of the need t demonstrate our commitment to elections held fairly, free of chaos, with each citizen assured that his or her vote will be counted and with each vote entitled to equal weight,
Appeals court ruling
He said he would "continue to vigorously campaign for governor. The people have spoken, and their word should - and will - prevail".

The election was prompted by a popular petition driven by dissatisfaction with Mr Davis' handling of the state's economic crisis.

Mr Davis said he too would continue to campaign as if the vote were to take place as scheduled.

"This recall has been like a roller coaster," he said.

"There are more surprises than you can possibly imagine".

Our correspondent says if an appeal is launched the more conservative Supreme Court might overturn Monday's ruling but, he says, given the short time left before the election is due such an outcome is far from certain.

'Free and fair'

In its ruling, the three-judge panel agreed with the case brought by the American Civil Liberties Union that the voting system would not be fair.

Six counties in California - including the heavily populated Los Angeles county - would have used outdated punch-card machines to process the ballot papers in next month's vote.

The judges said that using a variety of voting systems could break the 14th amendment to the US constitution, which guarantees equal treatment of all people.

The ruling said that it was important to ensure the election was fair when the US was trying to persuade other nations to hold free and open elections.

"We are especially mindful of the need t demonstrate our commitment to elections held fairly, free of chaos, with each citizen assured that his or her vote will be counted and with each vote entitled to equal weight," it said.

More than 130 candidates are hoping to replace the governor.

Those running include several high profile political candidates but also an adult film star, a former child actor and a porn publishing magnate.




WATCH AND LISTEN
The BBC's Matt Frei
"Almost half of California's voters would have to use the same old fashioned punching machines to elect a governor"



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