CNN BREAKING NEWS
Court Cites Punchcard Ballots as Unreliable
Aired September 15, 2003 - 13:39 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
KYRA PHILLIPS, CNN ANCHOR: All right, music continues, and I guess the preaching continues. Bob Franken now, once again in Los Angeles. Bob, for those just tuning in, we've been were talking about the federal appeals court blocking the October 7, California recall. You actually have some quotes, I am told, from this decision.
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: There are some fundamental quotes that are varied in the decision. Let me just read a couple of the sentences from the three judges.
No. 1, quote, "Plaintiff's claim represents almost precisely the same issue as the court considered in Bush," which of course, means Bush v. Gore, "in Florida." Going on, "That is whether unequal methods of counting votes among counties constitutes a violation of the equal protection clause." That's one quote.
Second quote. "No voting system is foolproof, of course. And the Constitution does not demand the use of the best technology available. However, what the constitution does require is equal treatment of votes cast in a manner that comports with the equal protection clause." That's the second quote.
The third one. "It is virtually undisputed that prescored punch card voting systems are significantly more prone to errors that result in a voter's ballot not be counted than the other systems used in California."
So the conclusion they have drawn that as a result of that, there is unequal treatment which is in a violation of the 14th Amendment to the Constitution.
PHILLIPS: All right, Bob. And now seven days until an appeal?
FRANKEN: Seven days until an appeal. And of course one of the things we'll be watching is whether the candidates will continue their campaigning, whether they will revise it somewhat. Governor Gray Davis has already put out a statement saying for the moment he's going to continue his campaign as if the recall was going forward.
Of course, as we found out seven days is an eternity, oftentimes seven days means nothing in the glacial pace of the judicial system. But in this particular case there's obvious urgency and it's just a question of where the appeal lands.
PHILLIPS: All right, our Bob Franken. Stand by. Stay with us, please. We'll continue to follow this story. Once again, U.S. appeals court delaying a scheduled recall vote on October 7, aimed at ousting California's beleaguered Governor Gray Davis, citing a flawed voting system. A sort of flashback to Election 2000.
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