A federal appeals court Tuesday put the California recall race back on track for an Oct. 7 election, reversing an order to postpone the vote and setting off a 13-day sprint to a final public judgment on Gov. Gray Davis.
Lawyers for the American Civil Liberties Union, who had challenged the date, said they would not pursue the matter further. Legal experts had projected slim odds of success had the ACLU appealed to the U.S. Supreme Court.
"We should strike while the iron is hot," Davis told reporters at a campaign stop in Santa Ana with U.S. Sen. Joe Lieberman (D-Conn.).
In their unanimous ruling, an 11-judge panel of the U.S. 9th Circuit Court of Appeals said "there is no doubt that the right to vote is fundamental, but a federal court cannot lightly interfere" with a state election.
The law requires that judges weigh the risk that voters would be harmed against the "enormous resources already invested" in the election, the panel said. "If the election is postponed, citizens who already cast a vote will effectively be told that the vote does not count and they must vote again," the judges noted.
More than 700,000 Californians have already voted by absentee ballot, according to the secretary of state's office.
As the judges issued their ruling, the recall race took a distinctly negative turn with a spate of new television ads.
A day after Republican Arnold Schwarzenegger started running a spot accusing rivals of trading state favors for donations from Indian tribes, Lt. Gov. Cruz Bustamante, a Democrat, began airing one of his own saying that the actor "doesn't share our values" and "lives on Planet Hollywood."
In an interview on CNN, Bustamante called Schwarzenegger a "hypocrite" for accepting $62,000 in Indian donations last year for a ballot measure he was supporting.
"Arnold is pretty phony on this whole issue," Bustamante said.
Rob Stutzman, a spokesman for Schwarzenegger, said the situations are different because a governor can negotiate casino pacts with tribes.
At a campaign stop in Sacramento, Schwarzenegger said he had attacked no one by name in his ad.
"You cannot represent the people of California when you take millions of dollars from the Indians," he said.
He also denied his campaign was turning negative, something he has promised not to do. "What I mean by negative, I will never attack anyone personal," he said.
Meanwhile, anxiety appeared to rise among Republicans over the party's failure to unite behind one candidate in the race to replace Davis if he is recalled. Polls have found Republican voters split between Schwarzenegger and state Sen. Tom McClintock (R-Thousand Oaks), with Bustamante, the only prominent Democrat in the race, holding a narrow lead over the action-film star.
"Somebody needs to recognize that the election of Cruz Bustamante is a real possibility if these two Republicans continue to divide the vote," said state Senate Republican Leader Jim Brulte of Rancho Cucamonga, California's top GOP officeholder.
Brulte, who endorsed Schwarzenegger on Tuesday, said the split Republican field could also help Davis survive the recall. Many who lean toward supporting the recall could instead wind up voting to keep Davis in office if they foresee a Bustamante victory, he said.
On Monday, Rep. Darrell E. Issa (R-Vista), who bankrolled the petition drive that put the recall on the ballot, said he would urge Californians to vote no on the recall if both McClintock and Schwarzenegger remain in the race. Recalling Davis only to replace him with another Democrat would not help the state, he said.
Recall vote in California is back on for Oct. 7
Court dismisses concerns over punch-card ballots
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