Recall election survives first of legal challenges

Justice Department says voting rights of minorities will be upheld

? The Justice Department on Monday signed off on the Oct. 7 election to recall Gov. Gray Davis in response to warnings from a federal judge in San Jose, who questioned whether the voting rights of minorities would be upheld.

In a separate challenge to the recall date, a federal judge in Los Angeles said Monday he would rule by midweek on an effort to postpone the election because some counties will use old punch-card voting machines.

Also Monday, Arnold Schwarzenegger’s campaign said the actor would discuss his economic policies Wednesday. Schwarzenegger also spoke by telephone with a panel of board members of the California Teachers Assn., which invited six major candidates for interviews in Sacramento. The teachers union opposes the recall but has not decided whether to endorse a replacement candidate.

The election, just 50 days away, is forcing some counties to make a number of moneysaving changes that until Monday lacked approval from the Justice Department. The legal dispute focused on Monterey County, which plans to cut costs by reducing its usual 190 polling places to 86 and hiring fewer Spanish-speaking poll workers.

Such changes must be cleared by the Justice Department in places like Monterey and three other California counties, which have a history of low voter participation, particularly among minorities. The other California counties subject to the requirement are Merced, Kings and Yuba.

“This is not a problem,” Jorge Martinez, a Justice Department spokesman, said late Monday.

Last week, U.S. District Judge Jeremy Fogel in San Jose ordered Monterey County not to send absentee ballots overseas as he considers postponing the election. It was not immediately clear how the Justice Department decision on Monday would affect Fogel’s order.

He gave the state two weeks to get the necessary approval from the Justice Department. Depending on further legal challenges, the election was expected to go forward with Monday’s clearance.

In the Los Angeles case, the American Civil Liberties Union of Southern California says voters in six counties would still be using the error-prone punch-card ballots if the recall were staged Oct. 7.