Aug. 15 (Bloomberg) -- A federal judge gave California until Aug. 29 to receive U.S. approval of ballots in the scheduled Oct. 7 election to recall Governor Gray Davis or face a possible order halting the vote.

U.S. District Court Judge Jeremy Fogel said in a ruling that federal clearance is necessary to ensure that the rights of minority voters aren't violated. Civil rights groups had sued to stop the election claiming that four counties were required to gain federal approval.

Fogel's ruling, released in San Jose, California, places the U.S. Justice Department at the center of a fight between civil rights groups and the state to hold the election in less than eight weeks rather than postpone it until the scheduled presidential primary in March. A spokesman for the Justice Department said the process is ``routine.''

There's ``a compelling public interest in proceeding with the election as presently scheduled, but'' thereafter blocking the election ``will be warranted'' without Justice Department clearance, Fogel ruled today.

The Justice Department must approve the ballot in four California counties under a section of the federal Voting Rights Act that protects the rights of minority voters.

`Urgency'

``We are aware of the urgency of reviewing this matter'' and have already begun studying it,'' said Jorge Martinez, a Justice Department spokesman.

Fogel ordered Monterey County, sued by civil rights groups, not to mail absentee ballots to overseas voters until it receives federal approval. Absentee ballots are supposed to be mailed on Sept. 8 to a few hundred registered voters living overseas, said Tony Anchundo, Monterey County registrar of voters.

Californians are scheduled to vote Oct. 7 whether to oust Davis and choose a replacement among Arnold Schwarzenegger, a Republican, Lieutenant Governor Cruz Bustamante, a Democrat, and more than 100 other candidates.

The Lawyers Committee for Civil Rights sued to stop the election, saying that the state never obtained federal approval when it changed its recall laws in 1974. The group says Justice Department approval should have been sought before the election was set because, with the election less than eight weeks away, some counties will have fewer polling places ready than they would for the regularly scheduled March presidential primary election.

`Preclearance'

``The vote can't go forward because they had no preclearance,'' said Joaquin Avila, a voting rights attorney.

Leslie R. Lopez, deputy attorney general for California, said the state wasn't under any obligation to get federal clearance in advance.

State officials on Aug. 4 asked the Justice Department for expedited clearance. The department has 60 days to review the request. Lopez said the state hopes to get an answer before the election.

Merced, Monterey, King and Yuba counties are required to seek federal approval for changes to voting procedures under a section of the Voting Rights Act protecting discrimination against minority voters.

The ballot would also ask Californians whether to block the state from collecting racial data. The Mexican American Legal Defense and Education Fund sued, saying the state didn't have federal approval to add the proposition to the ballot.

Last Updated: August 15, 2003 20:22 EDT