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Court rules election is on


September 23, 2003

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registered voters.

Noting the uproar over the 2000 presidential election, the three-judge panel had ruled that an Oct. 7 recall vote would be a "constitutionally infirm election" and that not stopping it now would pave the way for "bitter, post-election litigation over the legitimacy of the election, particularly where the margin of voting machine error may well exceed the margin of victory."

Agreeing with the ACLU, the original opinion often cited Bush v. Gore, the case in which the U.S. Supreme Court stopped Florida's presidential recount. The high court stopped it because Florida lacked uniform standards on how to actually recount the votes -- such as what to do with "hanging chads," the judges said.

The case is Southwest Voter Registration Education Project v. Shelley, 03-56498.

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