Judge N. Sanders Sauls from the Florida recount - and California today

I haven't read through the ruling by the wacky 9th Circuit yet, but allegedly they cited Bush v. Gore to support their rationale for halting the California recall election. But before the case went to the Supreme Court, the recount mess was decided by Judge N. Sanders Sauls who said the following in his ruling:

As the state's chief legal officer, I feel a duty to warn that if the final certified total for balloting in the state of Florida includes figures generated from this two-tier system of differing behavior by official canvassing boards, the state will incur a legal jeopardy under both the United States and state constitutions.

Of course he was right, and the U.S. Supreme Court ruled 7-2 that the two-tier system was a violation of the equal protection clause (the oft-cited 5-4 ruling was that there was no time for additional recounts). No matter! said the Flori-duh Supreme Court who said "Keep counting."

But Judge Sauls also gave his reason for stopping the recounts: there was no compelling evidence that the voting system used - no matter how imperfect - would have changed the outcome of the election (right again, as numerous media recounts later proved).

It is not enough to show a reasonable possibility that election results could have been altered by such irregularities or inaccuracies. Rather, a reasonable probability that the results of the election would have been changed must be shown.

In this case, there is no credible statistical evidence and no other competent substantial evidence to establish by a preponderance a reasonable probability that the results of the statewide election in the state of Florida would be different from the result which has been certified by the state elections canvassing commission.

The ACLU (plaintiffs in the recall suit) and the 9th Circuit would have us believe is that an election has to be perfect. Furthermore, there is no responsibility on the voter to mark a ballot correctly. I can only hope that the U.S. Supreme Court once again overrules this activist court and allows the people of California to vote in this lawful election.