Gropinator

SACRAMENTO, Calif. - A state appeals court on Tuesday refused to put Gov. Arnold Schwarzenegger's attempt to change the redistricting process back on November's special election ballot.

The measure seeks to take away state lawmakers' power to draw congressional and legislative boundaries in California and instead shift that responsibility to a panel of retired judges.

Supporters of the plan used two versions of the ballot initiative during the certification process, though. That was a "clear violation of the cons utional and statutory procedures for the circulation of an initiative pe ion," the 3rd District Court of Appeal wrote in its 2-1 decision.

"The pe ioners were under a duty to disclose the discrepancies as soon as they learned of them," the ruling said. "Their failure to make a public disclosure has tainted ... the ballot pamphlet review process."

Presiding Justice Arthur Scotland dissented, saying the measure's cons utional issues should be decided after the election