California has overcame one of the last legal hurdles to a special election that could recall a governor for only the second time in US history.
A federal court in San Jose rejected a lawsuit seeking a delay in the ballot after the Justice Department gave go-ahead for the election on October 7th. The lawsuit claimed the ballot might discriminate against minorities because the number of polling places will be reduced.
Last month that court temporarily barred Monterey County, south of San Francisco, from sending out overseas absentee ballots. The injunction was lifted by the court overnight.
Democrat Governor Gray Davis, the deeply unpopular target of the recall, had tried to delay the recall until March, when the state holds a presidential primary expected to bring out more Democratic voters.
Meanwhile, a Time magazine/CNN poll shows 45 per cent of Americans are rooting for movie star contender Mr Arnold Schwarzenegger to win the election, though only 7 percent thought he would be a "great" governor.
The poll found that 33 percent of those surveyed though he would be a "good" governor, while another 33 percent said he would probably be "average." Ten percent said he would be "poor" and eight percent, "terrible."
Meanwhile Mr Davis, during a campaign stop in Los Angeles, attacked Mr Schwarzenegger, whose latest television ads claim California is spending $29 million more per day than it takes in, as dishonest.
"That is a bald-faced lie and it shows how much he knows about the state's finances," said Mr Davis, who has stepped up his criticism of the actor in recent days. "If you are going to run for governor, at least get your facts straight."
The court challenge to the October 7th ballot failed after the head of the Justice Department's voting section cleared the way for Monterey County to reduce the number of voting stations and bilingual workers for the recall.
Monterey County, on California's central coast, wants to cut its usual 190 polling places to 86 to save money and because it is unable to recruit enough poll workers. Federal law requires areas with a history of low voter turnout like Monterey and three other California counties to gain Justice Department approval for changes in the voting process.
"We have as of today pre-cleared every single submission that has been submitted to the Justice Department," said Mr Jorge Martinez, a Justice Department spokesman.
On September 11th, the 9th Circuit Court of Appeals is scheduled to hear another lawsuit challenging the recall on the grounds that some counties still use punch card ballots.