Shelley notes overvote potential >From this San Jose Mercury News article:

And in Berkeley, Secretary of State Kevin Shelley warned that the recall election could face Florida-like problems, where voters in some counties selected more than one candidate in the 2000 presidential election, invalidating their ballots.

Six California counties, which account for half the state's population, will be using punch-card ballots. But because there are 135 candidates, some voters will use multiple cards. If a voter mistakenly chooses a candidate on each card, the ballot will be discarded.

``My biggest concern is over-votes. If you over-vote, that throws out the ballot,'' Shelley told a history class at the University of California.

"Fewer polling sites OK'd; MONTEREY COUNTY DEAL MAY RESOLVE RECALL LAWSUITS" The San Jose Mercury News offers this report, which begins: "The U.S. Department of Justice removed one of the final legal hurdles to California's historic recall election late Thursday when it ruled that Monterey County's plan to consolidate polling places will not violate the rights of minority voters. After more than two weeks reviewing election maps, poll locations and poll worker information, the Justice Department approved all but five of the 86 voting sites for the Oct. 7 election on whether to recall Gov. Gray Davis. County officials then abandoned their plans for the remaining five precincts under question, agreeing to expand the number of voting locations in parts of Salinas, Natividad, Elk Lake and Pajar." See also this Contra Costa Times report.

It thus appears that the preclearance hurdles to the October 7 recall date, leaving the ACLU punch card suit, to be heard by the Ninth Circuit on Sept. 11. (Disclosure: I filed a brief supporting the ACLU in the punch card case.)

"Bustamante is sued; Takes $700,000 More" The Sacramento Bee offers this report. See also this Contra Costa Times report.

-- 
Rick Hasen
Professor of Law and William M. Rains Fellow
Loyola Law School
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