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Last Updated: Tuesday, 16 September, 2003, 21:31 GMT 22:31 UK
California court mulls vote rethink
Arnold Schwarzenegger
Actor Arnold Schwarzenegger is one of more than 130 candidates
A California court has said it may reconsider its controversial decision to postpone a vote on the future of the state's Democratic Governor, Gray Davis.

A three-judge panel ruled on Monday that the ballot should be delayed because of concerns about the voting machines used in some counties.

But on Tuesday, following a request from one of its judges, the court indicated that it could convene an 11-judge panel to rethink the ruling.

The decision throws the state's already chaotic election into complete disarray, the BBC's Peter Bowes in California says.

In the unprecedented ballot, voters must decide whether or not to remove the governor - and, if so, chose from more than 130 candidates to replace him.

Deadline

The court has given interested parties 24 hours to file briefs explaining why they think a review should - or should not - be held.

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

It will then decide whether the case should be reviewed by the larger panel of judges.

Our correspondent says that the court often reviews controversial cases.

Any decision the California court makes will not affect appeals made to the US Supreme Court, California court officials told the French news agency AFP.

Critics of Mr Davis triggered the election - originally scheduled for 7 October - by collecting signatures from voters.

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

Punch-card machines

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

Governor Gray Davis
Governor Davis is fighting for his political life

But angry Republicans had dismissed the ruling as politically motivated.

A leading 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.

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."

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."




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