Judges hear recall appeal

SAN FRANCISCO — A federal appeals court heard arguments Monday about whether to let California’s gubernatorial recall election go forward on Oct. 7, sparring with a constitutional scholar on whether the Supreme Court’s Bush vs. Gore decision is grounds for postponing the vote.

A court spokeswoman said a ruling was expected this morning.

Meanwhile, candidates seeking to replace Democratic Gov. Gray Davis prepared for Wednesday’s debate in Sacramento.

Last week, a three-judge panel of the 9th U.S. Circuit Court of Appeals postponed the Oct. 7 election, repeatedly citing the Bush vs. Gore ruling in which the Supreme Court halted the Florida recount because counties were using different standards to read the ballots.

The 11 judges on the appeals court could either uphold the three-judge panel’s ruling or overturn the decision, reinstating the Oct. 7 date. The losing side could then appeal to the U.S. Supreme Court.

The legal dispute centers around six counties that still use punch-card ballots.

Before the court on Monday, Harvard University scholar Laurence Tribe said allowing some counties to use error-prone punch-card ballots will cause thousands of votes to go uncounted.

Arguing for the state, Deputy Attorney General Douglas Woods said trial judge Stephen Wilson got the case right in mid-August when he rejected any postponement.

Woods said even if Wilson incorrectly interpreted the law, the public interest still is in holding the election as scheduled on Oct. 7.

Californians’ attentions are beginning to focus on Wednesday’s forum, which Republican Arnold Schwarzenegger has built up as the Super Bowl of debates. Schwarzenegger has refused to participate in any other debate so far.

The four other candidates with whom Schwarzenegger will share the stage Wednesday are Democratic Lt. Gov. Cruz Bustamante, Republican state Sen. Tom McClintock, independent Arianna Huffington and Green Party candidate Peter Camejo.

Schwarzenegger’s opponents have complained about the format of the debate; the 12 voter questions that will be asked have already been made public.

The voter questions to be discussed by California gubernatorial recall candidates in Wednesday’s debate:

1. What do you expect to accomplish in the time remaining on Gray Davis’ term that he could not?

2. How would you propose enhancing revenue and/or what specific cuts would you propose to achieve a balanced budget?

3. Everybody talks about wanting a colorblind society, but what does that actually mean to you? In other words, how do we know when we have succeeded?

4. Leaders in the business community are convinced that this state is losing jobs and unable to attract new businesses. If you agree, what are two things you would change to make this a more business-friendly state? If you disagree, what are the misconceptions you would like to correct?

5. How are you going to ensure that all Californians have adequate health care?

6. What should be the top priority for California right now?

7. If elected governor, will you support the expansion of charter schools in California?

8. What is the single most important piece of legislation either signed or vetoed during this past legislative session?

9. Do you support reducing the vehicle license fee (car tax), and if so, where would you find the revenue to replace the loss to the budget?

10. What services will your administration expect local governments to provide, and what stable source of revenue will you give them to do it?

11. Under Govs. Pat Brown and Ronald Reagan, California spent up to 20 percent of its general fund on infrastructure such as roads, bridges, colleges, hospitals and water systems. Now we spend closer to 1 percent. Proposition 53 on the ballot raises that figure to 3 percent. What is your position on Proposition 53 and what will you do to invest more in California’s aging infrastructure?

12. As our population continues to age, the demand for government services to seniors will increase dramatically during the next decade. What do you intend to do to proactively manage this demand?

Source: California Broadcasters Association