The recall election will take place on Oct. 7, exactly two weeks from today, the U.S. 9th Circuit Court of Appeals announced this morning.

An 11-judge panel from the court ruled that the election should be held as originally scheduled, upholding a district court ruling made earlier in the summer and overruling a decision three judges from the 9th Circuit had made last week.

In their ruling, the judges said that the plaintiffs had not been successful in arguing their claim that the antiquated punch card voting machines used in six counties, including Los Angeles, would disenfranchise too many voters.

The deciding panel was created after a three-judge panel from the 9th District ruled last week that the election should be delayed, a decision which infuriated recall supporters.

The plaintiffs, several civil rights groups represented by lawyers for the American Civil Liberties Union, were grilled by the 11-judge panel at an hour-long hearing on Monday, who offered a long list of grounds, from constitutional interpretation to technical points of law, that could be used to reinstate the election date.

The machines, already deemed outdated by Secretary of State Kevin Shelley, were ordered by his office to be replaced by the March 2 presidential primary.

Copyright 2003 Los Angeles Times

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