Chads Hang Over Recall

In his brief in the California Supreme Court opposing the Davis claim on punch cards, the attorney general wrote that "if specific problems do occur [because of the use of punch cards or consolidation of precincts], appropriately tailored judicial relief may be available to remedy these specific problems."

But that would be an after-the-fact remedy. And the federal courts considering these issues may consider this inadequate. As Florida taught us, an after-the-fact solution to problems at the polls is bad for the legitimacy of the courts and bad for voters' faith in the democratic process.

Do not be surprised if a federal court intervenes on this basis. Or it could intervene on the claim that the recall election procedures need to be cleared with the U.S. Justice Department to ensure that the process will not discriminate against a protected minority group.

Federal court intervention may entail a delay of the election, but delay is a small price to pay to ensure that the recall election takes place using procedures that do not value one person's vote over that of another.