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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Friday, September 19, 2003

CA Recall Delay: I think the 9th Circuit case delaying the recall has some validity, as suggested by the links supplied below, but it might clearly have certain flaws as well. For instance, is delaying things to March a great idea? Will not the new technology cause its own problems, though if mandated by law, perhaps more effort can be put in dealing with expected problems? It is true, no matter how many want to ignore the fact, that the state did admit that the push card system was especially flawed (and facts back it up), but it might be the best in this special case.

Other safeguards also could be put in place instead of the election being delayed ... safeguards that might actually have a better chance to be upheld on appeal. On the other hand, this would still be a big step for the federal courts to take, and probably would have been criticized (and perhaps overturned, as this might very well be). I think the problems inherent in a rushed election in the midst of voting procedure change is an overall problem that must be faced here, even if the Court's decision regarding the push card system in certain districts is held to be a bad idea.

Also, relying on Bush v. Gore, even if we try to give it precedential value the Supreme Court said it did not have, has its problems. Putting aside the issues discussed in the linked story, should we respect an opinion not worthy of our respect, even if the Court did so to rub their noses in it? One problem suggested is that we knew the election was real close last time, but this time it is but a possibility. I think it perhaps best to deal with problems before they happen, but even if it isn't close, miscounting skewers the vote count. For instance, if one candidate gets 5% of the vote, maybe it won't matter, but if only 1% is counted, there is a harm. Finally, in a time when partisanship is high and races often close, a honest and fair election process is that much more important. Why not face this beforehand?