Tuesday, August 09, 2005

Schwarzenegger Redistricting Rejected

SACRAMENTO, Calif. (AP) -- A state appeals court on Tuesday refused to put Gov. Arnold Schwarzenegger's attempt to change the redistricting process back on November's special election ballot.

The measure seeks to take away state lawmakers' power to draw congressional and legislative boundaries in California and instead shift that responsibility to a panel of retired judges.

Supporters of the plan used two versions of the ballot initiative during the certification process, though. That was a ''clear violation of the constitutional and statutory procedures for the circulation of an initiative petition,'' the 3rd District Court of Appeal wrote in its 2-1 decision.

''The petitioners were under a duty to disclose the discrepancies as soon as they learned of them,'' the ruling said. ''Their failure to make a public disclosure has tainted ... the ballot pamphlet review process.''

Presiding Justice Arthur Scotland dissented, saying the measure's constitutional issues should be decided after the election.

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