In a case reminiscent of the legal battle that clouded the 2000 presidential election, a federal appeals court panel questioned Thursday whether California's recall vote should go forward because six counties still use the flawed punch-card voting system.

Lawyers for civil rights groups that want to stop the election argued that a statistical study showed 40,000 poor and minority voters might have their ballots excluded if punch-card ballots are used in the Oct. 7 election.

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The legal challenge echoes the problems with "hanging chads" and miscounted votes in Florida during the 2000 presidential election.

Recall proponents want to go forward using punch cards in Los Angeles, Mendocino, Sacramento, San Diego, Santa Clara and Solano counties. Those counties were previously ordered to replace the method with updated equipment by March.

Deputy Attorney General Doug Woods, representing the secretary of state, acknowledged during the hearing that the punch-card system has been found "obsolete, antiquated and unacceptable."