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Last Updated: Tuesday, 16 September, 2003, 17:00 GMT 18:00 UK
Fury at California vote delay
Arnold Schwarzenegger
Actor Arnold Schwarzenegger is one of more than 130 candidates
Republicans in California have reacted angrily to a court decision that delays a vote on the future of the state's Democratic Governor, Gray Davis.

The Ninth Circuit Federal Appeals Court ruled that the ballot should be put off because of the risk that outdated and possibly defective voting machines would disenfranchise thousands of people.

The "recall" election - scheduled for 7 October - was triggered when critics of Mr Davis's handling of the economy collected enough signatures from voters.

Republicans are keen to regain control of the powerful state ahead of next year's presidential election.

The BBC's Maggie Shiels, in San Francisco, says the court's decision - which has been condemned as politically motivated by the Republicans - is certain to be appealed.

All parties have been given seven days to lodge their appeal.

Punch-card machines

Civil rights groups had argued that the use of the punch-card voting machines, similar to those in Florida which caused a constitutional crisis in the presidential election three years ago, would mean that the votes of many black and Hispanic people would not be counted.

There is a saying in law that justice delayed is justice denied
State Senator Tom McClintock
Three judges at the court - one of the most liberal in the United States - agreed, saying that the vote should be delayed until new, more reliable voting machines become available next year.

But Republicans say that any delay will help Mr Davis, and have urged California's Secretary of State, Kevin Shelly - a Democrat - to appeal the decision.

Mr Shelly will hold a news conference in Sacramento later on Tuesday to announce if he will go to the US Supreme Court or ask a full 11-judge bench of the Ninth Circuit to re-hear the case.

Our correspondent reports that legal analysts are hedging their bets as to whether the Supreme Court will get involved in California's election quagmire.

She says its intervention during the last presidential election was unprecedented, and there is a belief that the Supreme Court justices do not want to become the final arbiter of elections in America.

Governor Gray Davis
Governor Davis is fighting for his political life
Hollywood actor Arnold Schwarzenegger, one of the leading candidates in the election, said: "Historically, the courts have upheld the rights of voters, and I expect that the court will do so again in this case.

"The people have spoken, and their word should, and will, prevail."

Another Republican candidate, State Senator Tom McClintock, described the ruling as anti-democratic, authoritarian and un-American.

"There is a saying in law that justice delayed is justice denied," he said.

Governor Davis said he expected the decision to be appealed, and was prepared to go forward with the election "whenever the courts tell me the election will occur".

"This recall has been like a rollercoaster," he added. "There are more surprises than you can possibly imagine."

HAVE YOUR SAY
I don't like the idea of a recall, but what the court has done is scarier.
Madeleine Dunn, USA

Two-part vote

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

In the two-part vote, Californians were due to be asked whether they wanted Mr Davis to be removed from office and, if so, to pick a replacement.

More than 130 candidates are hoping to replace the governor.

Those running include several high profile political candidates but also a former child actor and a porn publishing magnate.

All the candidates have said they will continue to campaign until a final ruling has been handed down.

Californian state officials have also been instructed to prepare for the 7 October election as normal.

Voters are also being urged to complete their absentee ballots, even though no one is sure if these votes will be declared invalid if the election is delayed.




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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