A three-member federal appeals court panel challenged lawyers today to explain why punch-card ballots should be allowed in the recall election. U.S. Ninth Circuit Court of Appeals Judge Harry Pregerson said it is clear the California Secretary of State has found the punch-card system unacceptable because of errors. The legal challenge echoes the problems with “hanging chads” in Florida during the 2000 presidential election. It appears to be the last major legal challenge that could halt the election.
The questioning was so challenging that the attorney representing the Secretary of State, Doug Woods, asked at the end of his presentation that he be given time to seek further review from the U.S. Supreme Court if the appeals court halts the election. As Woods stated it, “ItÂ´s too late in the game to switcheroo.”