Democrats prepare post-vote challenges
By Sam Stanton and Gary Delsohn -- Bee Staff Writers
Published 2:15 a.m. PDT Wednesday, October 1, 2003
sacbee.com
Setting the stage for a post-election legal challenge to the recall vote, Democrats are set to launch a national fund-raising campaign today to help pay for any legal action needed if Tuesday's election on Gov. Gray Davis' future is close.
Seeking to avoid what they called "another Florida-style fiasco," the state party and a national Democratic group called Democrats for America's Future said they hope to raise $100,000 to place poll watchers around the state Tuesday and to help with post-election legal challenges that may come up.
"We're preparing for every possibility," said Peter Ragone, communications director for Davis' anti-recall campaign. "There's a lot at stake here. We want to make sure every voice is heard."
The Democratic governor sought to distance himself Tuesday from such plans, saying he was "unaware" of any effort that would end up in court after the election.
"I'm focused on winning the recall, not winning it in a legal challenge," Davis said in response to a reporter's question at a campaign appearance in Los Angeles.
But Democrats clearly plan to be ready with any post-voting challenges they may feel are needed, including lawsuits.
"The answer to that is, absolutely," state party spokesman Bob Mulholland said when asked whether the conduct of the voting may spark yet another legal challenge. "We're going to do everything that's legal to have the votes counted in California, and we're putting the Republicans on notice that we're prepared for their goon tactics this time."
Recall supporters said they had expected such a move, even after the American Civil Liberties Union said last week that it would not challenge a federal appeals court ruling that allowed the election to take place on Tuesday rather than next March.
"I think it would be truly pathetic for Gray Davis if, after losing the election, he tries to use lawyers to stay in office for a few days or weeks," said Rescue California spokesman Dave Gilliard, whose group already has spent up to $400,000 fending off legal challenges. "It would be a fitting last chapter for him."
The Democrats' strategy appears to be aimed at ensuring that evidence of any irregularities at polling places Tuesday is documented for use in court.
The recall election already has been the subject of numerous lawsuits, most notably over the fact that six counties plan to use punch-card ballot machines on Tuesday -- the same type that resulted in the prolonged fight during the 2000 presidential election in Florida over "hanging chad."
The ACLU and other groups contended that the use of those machines in the counties, including Sacramento, could result in many votes not being properly counted. The six counties account for about 40 percent of the state's voters.
But the 9th U.S. Circuit Court of Appeals said last week that the election could go forward with those machines, and the ACLU said it would not appeal to the U.S. Supreme Court.
The group did not preclude itself from filing a challenge after the election, however.
Legal experts said Tuesday that if the vote is extremely close on the first part of the ballot -- which asks whether Davis should be retained -- those issues could end up in court again.
"You'll want people present to document any problems that occur," said Fred Woocher, a prominent Democratic elections lawyer from Los Angeles. "If there are precincts where voters are being turned away, you're going to want the proof."
Another potential trouble area is in the location of polling places. Because the recall is a special election, some counties have consolidated the number of polling sites, meaning many voters must go to unfamiliar locations to cast their ballots.
Some sites, for instance, may serve three precincts with three different tables for voters to sign in. It is possible voters may go to the wrong table, be turned away and simply not vote, Woocher said.
Using poll watchers "gives them potential legal claims" if the vote count is extremely tight, he said.
"It's wise to prepare as best you can," Woocher said, adding that a post-election legal challenge would cost far more than the $100,000 Democrats are seeking.
"What the Democrats have to do is spend their money now to get the voters out for the election so they don't have to worry about it afterward," he said.
Recall supporters, however, say that concerns about polling place problems are unfounded and that California's county elections officers are professional and have learned from Florida's mistakes.
California Secretary of State Kevin Shelley issued a statement Tuesday saying his office has taken extraordinary steps to make the voting problem-free, including sending state elections officials to counties around California and setting up toll-free phone hotlines in seven languages, including Tagalog and Vietnamese.
County officials "are getting the job done," Shelley said in his statement.
But pro-recall officials said they still expected challenges from Democrats, no matter how the voting is run.
Gilliard, the Rescue California spokesman, said he would not be surprised "if they dig up someone who's going to say he was in this long line and they didn't get to vote."
"I can imagine that there's something they can pull out of their hat legally," he said.
Ted Costa, the Sacramento activist who started the recall drive, said comparing this election to the troubles in Florida "is mischief."
But he conceded that a close election could end up generating Democratic challenges.
"The answer is to have a pretty big gap between the yeses and the no votes," Costa said, "and the polls I'm seeing say there is a pretty big gap."
"I guess in California anything's possible," Costa added. "We may have to send the guys with white coats in afterward and say, 'Hey, Governor, come with me.' "
About the Writer
The Bee's Sam Stanton can be reached at (916) 321-1091 or sstanton@sacbee.com. |
