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Court Rules California Recall Must Go On

September 23, 2003

SAN FRANCISCO (AP) _ A federal appeals court Tuesday reinstated California’s Oct. 7 gubernatorial recall election, rejecting a three-judge panel’s decision to put it off for months.

Unless the U.S. Supreme Court steps in quickly, the decision means Election Day is two weeks away.

The 11-member panel of the 9th U.S. Circuit Court of Appeals unanimously overturned the Sept. 15 decision of a three-judge panel from the same circuit. The original panel postponed the election on whether to recall Gov. Gray Davis because six counties would use outdated punch-card ballots that were the subject of the ``hanging chads″ battle in the 2000 presidential election in Florida.

The decision clears the way for a possible appeal to the U.S. Supreme Court, which could be asked to revisit its Bush v. Gore decision in the 2000 election.

The American Civil Liberties Union, which brought the challenge, did not immediately say whether it would appeal.

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