LABJ FORUM – Florida Redux?

With the recall only two weeks away, last week’s decision by a three-judge panel of the 9th Circuit Court of Appeals to delay the recall election created no shortage of opinion on all sides. Proponents immediately condemned the ruling as a partisan ploy while opponents, applauding the court’s concern about protecting voters rights, nevertheless expressed dismay at the prospect of the campaign dragging out another six months. So the Business Journal asks:

What do you think of the courts getting involved in the recall process?

Rosa Linda Cruz

Shareholder

Parker Milliken Clark O’Hara & Sullivan

If there is a legal issue that needs to be addressed, it’s entirely appropriate for the courts to be involved. There are several legal challenges to the appropriateness of the recall on the date it’s supposed to be held and the voting mechanisms being used. They probably should be addressed before the election is held. The computerized system is subject to potentially more problems with hackers and manipulation of vote counts. The challenge may end up creating a favorable law for those who may want to challenge the computerized voting system.

D. John Hendrickson

Special Counsel

Katten Muchin Zavis Rosenman

It reflects a political agenda that ignores the desires of the voter to have the recall take place. The 9th Circuit has been a very activist bench and has at times been creative in developing laws that extend beyond the intent of the Legislature. They had to reach to make the decision they came to. These were the same machines that they used in the last election to elect Gray Davis and nobody complained about that.

George Kieffer

Chairman

Los Angeles Area Chamber of Commerce

The courts were required to get involved because a lawsuit was filed, so they had to decide one way or the other. It’s unfortunate that this places another level of confusion on an already confusing process. You can analyze this thing over and over and come out on different sides. It makes a difficult process all the more difficult.

Jan Perry

9th District City

Councilwoman

City of Los Angeles

It’s quite likely the courts will save us from ourselves. To a greater extent, through the law, the playing field is leveled and the rights of voters are protected. That should be our first and foremost concern the right of voters to cast their votes. I hope the recall doesn’t happen it’s a tremendous waste of money and resources.

Michael Antonovich

5th District Supervisor

Los Angeles County

This is going to have a severe impact on the voters and the people of Los Angeles County. We need to have an election and get things back on track. About 40 percent of our voters vote absentee with a punch card and there’s never been a problem with people punching a card using the absentee ballots. It’s just an attempt to delay the election and create chaos. We need to proceed with the regularly scheduled election. This was an issue already decided by the California Supreme Court and lower federal court.

Brad Miles

Partner

Inco Co.

The court needs to get involved in these kinds of things, just like in presidential elections. I think the recall was a mistake, but it’s part of process, as is challenging it in court. It’s checks and balance.