The state?s top electoral official jumped at the offer by the Ninth Circuit Court of Appeals, which opened a political hornet?s nest Monday by delaying the October 7 vote on the fate of Democratic Governor Gray Davis.

Secretary of State, Kevin Shelley said he would file papers on behalf of the Californian people urging an expanded panel of judges of the same court to rehear the case that was decided by three judges.

?I believe it?s in everyone?s best interest that the case be heard swiftly and considered thoroughly for the court to resolve these legal issues that the voters expect and deserve,? he said in a statement. The trio of judges ordered delay saying minority groups would be forced to use the same aged and flawed punch-card voting system that caused chaos in the 2000 presidential vote in Florida.

But in a new twist, the court on Tuesday ordered opponents of the ruling to file papers showing why an enlarged panel of judges of the same court should rehear the decision ?en banc.?

?The court will review the briefs and (...) then a vote will take place internally as to whether it will be reheard and an order will be issued as to whether the case will be heard en banc or not,? said court clerk,Cathy Catterson. But she said the move would not exclude separate direct appeals to the highest court in the land, the US Supreme Court, over the unanimous ruling that sent shockwaves through the most populous US state.

Devastating for California

The judges ruled that unequal voting systems would violate the US Constitution and raised ?almost precisely the same issue? as the Supreme Court case of Bush vs Gore that decided the 2000 election.

At that time, ?hanging chads? caused by the machines left the US presidency hanging in the balance amid doubts over whether George W. Bush or former vice president Al Gore had won the election. The court did not set a new date for the recall vote and delayed implementation of the decision for seven days pending appeals, but the most likely date would be March 2, the date of presidential primary polls.

Republicans, who organised the petition that led to the recall vote, were furious at the delay which analysts said would favour Davis and limit Republican chances of seizing control of the state.

Hollywood star Arnold Schwarzenegger, who hopes to become the state?s next governor, has demanded an appeal, saying citizens had exercised their constitutional right to recall Davis and deserved to vote as scheduled. ?The ultimate judges are the people and the people have spoken,? he said while pursuing the campaign trail. ?The people have signed 1.3 million signatures to recall Gray Davis and that is why I know that on October 7, they will speak and say: Hasta la vista, baby.?

State Senator, Tom McClintock, Schwarzenegger?s main right-wing Republican opponent in the race to replace Davis if he is sacked by voters who blame him for the state?s financial woes, also rounded on the judges.

?Punch-card ballots re-elected Gray Davis in California less than a year ago and there was no objection then,? he said referring to the November 2002 gubernatorial polls which saw the governor win a second four-year term.

?What the Ninth Circuit Court decided had no basis in law ? it had everything to do with politics,? he said. Another senior Republican ? Peter Ueberroth ? who pulled out of the gubernatorial race last week in favour of fellow Republican Schwarzenegger, agreed. ?It?s devastating to California,? he said of Monday?s decision.

?The people will not be served in California at all.? Meanwhile Davis and the key candidates lining up to replace him continued campaigning, despite doubts that the polls will go ahead in three weeks time. ?I?m going to continue to campaign as if this election is on October 7,? Davis said as he campaigned with presidential candidate and US Senator Bob Graham.