The 9th Circuit Court of Appeals Friday said it will rule on September 5 whether to whether to delay the recall election.

Civil rights groups are calling for the Oct. 7 election to be delayed, contending that the hurry-up timeframe is forcing counties to change their voting plans in ways that disenfranchise minority voters -- and that such changes require federal approval under the Voting Rights Act.

Under federal law, the Department of Justice must pre-clear any revisions to the voting process in Monterey and three other California counties with a history of low voter participation.

Unless federal lawyers approve Monterey County's plan to conduct the vote on short notice by consolidating some polling places, the judges could delay the election on whether to recall Gov. Gray Davis, perhaps until the March presidential primary.