California Asks Appeals Court to Reinstate Recall
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The 9th Circuit Court of Appeals (search) collected legal briefs Wednesday from parties petitioning it to take the unusual step of overruling a decision by its own three-judge panel to postpone California’s recall election. Secretary of State Kevin Shelley (search) filed a brief asking for an 11-judge panel to be appointed to reinstate the Oct. 7 date, saying to do otherwise would violate the state constitution’s direction to hold the election within 80 days of certifying the signatures petitioning for it. “The irreparable harm to the state from the panel’s injunction includes not only the inability to fulfill its mandated duty to proceed with the ongoing election, but also the destruction of the state’s interest in neutral, general application of the election schedule requirements,” Shelley wrote. Shelley said the vote must go forward because thousands of absentee voters have already been mailing in their ballots, reflecting their decisions whether to recall and replace Gov. Gray Davis (search). More : foxnews.com |