Thursday, December 16, 2004

Thursday Afternoon Ohio Updates...

I don't like to report anything here until I've had chances to independently verify and add to it. However, as there are several things in the background that I'm currently working on, and there are several important items rolling out of Ohio, I'm gonna post some links for you guys to check out.

NOTE: I haven't done any independent vetting on these items, so please use your own judgement about the sources they come from. But some seem quite notable, so I want to get them out there!

  • AP is reporting: Ohio Justice Throws Out Election Challenge - "The Ohio Supreme Court's chief justice on Thursday threw out a challenge to the state's presidential election results.

    The 40 voters who brought the case will likely be able to refile the challenge.

    Chief Justice Thomas Moyer ruled that the request improperly challenged two separate election results. Ohio law only allows one race to be challenged in a single complaint, he said." (DRUDGE is linking to this one, of course!)

  • RAW STORY is reporting: Kerry campaign issues letter to Ohio Secretary of State demanding recount tampering investigation - "Senator Kerry's and Senator Edwards' state counsel for Ohio has issued a letter to Ohio Republican Secretary of State and Bush-Cheney '04 chair Kenneth Blackwell demanding an official investigation into voting machine tampering in Hocking County. They have the letter online."
    RAW STORY also has much more on late Ohio developments!

  • "mtnester" on Discussion (unconfirmed info, will try to get more on this!): Ohio, Fairfield County, suspends recount - "At 4 pm [Wednesday], after failing to get a match of hand counted ballots with punch card tabulator (ESS), two hand counts and two times through machine, after stating they were awaiting a call back from that company to have a new machine delivered, less than 30 seconds later convened a board meeting, voted to suspend recount, to await a new machine from ESS, and recount will be re-done Saturday, same exact precincts, the building is now closed, you are to exit the facility. BOE [Board of Elections] blaming issues on "machine failure" in order to avoid the now required entire county hand count. Precints were not random, they were selected by BOE, one from the Dem and one from the Repup."

More Later...On these and Clint Curtis items as well...


Blogger resident said...

From (Cleveland, OH):

Ohio Chief Justice Throws Out Presidential Election Challenge
Moyer: Law Doesn't Allow Challenge Of 2 Elections In Single Complaint

POSTED: 4:15 pm EST December 16, 2004
UPDATED: 4:19 pm EST December 16, 2004

COLUMBUS -- The Ohio Supreme Court's chief justice on Thursday threw out a challenge to the state's presidential election results on a technicality, ruling that the request improperly challenged two separate election results.

Chief Justice Thomas Moyer ruled that state law does not allow voters to challenge the results of more than one race in a single complaint. The challenge likely could be refiled.

The challenge before Moyer, filed Monday on behalf of 40 voters who cast ballots Nov. 2, included the results of the presidential race and of Moyer's race against Cleveland Municipal Judge Ellen Connally.

The challenge was backed by the Rev. Jesse Jackson and Cliff Arnebeck, a Columbus attorney for the Massachusetts-based Alliance for Democracy, who accused Bush's campaign of "high-tech vote stealing."

Claiming fraud, the 40 voters cited reports of voting machine errors, double-counting of some ballots and a shortage of voting machines in predominantly minority precincts as reasons to throw out the election results.

Ohio and its 20 electoral votes determined the outcome of the election, tipping the race to President Bush early on the morning of Nov. 3.

Nothing in state law or any previous court decision allows challenges to be combined, Moyer said.

"Were this court to sanction consolidation here it would establish a precedent whereby twenty-five voters could challenge, in a single case, the election results of every statewide race and issue on the ballot in any given election," Moyer wrote.


This raises an interesting question or 50 regarding recusal, conflict of interest and other notions that we're to have forgotten about over the course of events of this past six weeks.

Beyond that, how high does the ladder of obstruction go? This is no trivial "technicality," but a frightening glimpse into a new methodology in applying and interpreting law. Nyah, Nyah... Can't make me.

12/16/2004 3:19 PM  
Blogger Susan said...

Recusing oneself is a character most often given along with integrity, honesty and candor....are we forgetting that we are dealing with the ruling elite...the GOP neo-cons...they do not believe the law applies to them...the law to them, is a means to control those of a poorer, lower, working class we have enough "peasant stock" in us to rise up and show them they are not above the law?

12/16/2004 3:45 PM  
Blogger yuyakay said...

Brad Friedman, we need your help.

I am deeply moved by this comment made by "MS Liberty" on the DU site. I must repost this here.

"Yea, we do need to take to the streets. If we had even 1/3rd of the dem voters in the streets that would be more than 15 million people. That would be so awesome! I realize it might be an optimistic thought, but even one million people in one place would be a real wake up call to the american people. I think even the so called liberal media would have a hard time ignoring that. It would take planning for it on a day when most people are off work, etc., etc.. But IMO most of america doesn't even know what's really going on. After all, they haven't heard about this on the news or the radio or from their friends. They are all in their little daily grind bubble. It's time for us to pierce that sweet domestic bubble they're living in and give them a taste of the dark, evil reality that the good ol' US is now a fascist theocracy and the founding fathers are spinning in their graves.
I've also been thinking that it might be time to start protesting against the corporatized media. My fantasy on this idea is standing outside NBC or whomever and laying the truth on Matt & Katie when they start talking to their adoring deluded fans.
But the thought that gives me the most pause...
Where is the John Kerry who testified before Congress? The John Kerry who participated in the protests against the Viet Nam war? That is the John Kerry I saw and fell for when I listened to him speak at the Dem convention - That is the John Kerry I voted for - that is the John Kerry we need right now, the man who speaks TRUTH to power. If he continues to sit this out, if he continues to allow lawyers to work behind the scenes, if he continues to allow the professional dem party careerists to talk out of both sides of their mouths (not all of them, I know), and continues to allow the repukes to marginalize us and frame the agenda and argument, then he is NOT the leader I believe him to be. Where are you Lt. Kerry? You could hold a press conference and in the blink of an eye, awaken the american people to the travesty of this "election". The time has come to throw caution to the winds. Come with us and make a stand for our democracy. We the people are desperate and despairing. Speak out forcefully! America needs you now more than ever."

Now I, yuyakay write:

The situation is desperate. The law is being trampled upon, but there is no one to turn to. The fascists control congress, and the FBI. Arnebeck's attempt to have the courts intervene is temporarily held back, surely later to be totally squashed by a Republican judge who has just been "elected" in the election he is being requested to declare invalid. Posters on the DU are all saying "watch the building" that the recount observers were told to leave, while the BOE members under Blackwell's hand, who were the ones who told the observers to leave, they are still in the building with the ballots and the machines. It's sad beyond words.

MS Liberty is correct. We must take to the streets but most who would be perfectly willing to take up the cause don't even know anything about this disaster due to Kerry's shameful silence and the Corporate Media chickenshits scared of being denied their next takeover attempt. Shameful though Kerry's silence has been, Perhaps it had strategic purpose for awhile.

Now however nobody can remain silent. Not while ballots are being trashed and voting machines "re-calibrated" ie lobotomized. John Kerry must fight as he never has before. There is nobody else who can wake up enough people as fast as needs to be done. We need massive demonstrations and we need them fast.

Oh it's tempting to let the Republicans get their due by letting Dubya have his second stolen term and see his Administration crash in scandal, stupidity and totally failed policy. ...But the world can't afford it. For all of the horror of Bush's doings, the world's environment cannot take four more years of what isn't being done. And you think wrenching democracy back now is hard? Try it four years from now. Anybody really think there's going to be meaningful election reform under Cheney/Rove/Dubya?

Brad, please help mount a compaign to help us conscript John Kerry. It may be our only chance.

12/16/2004 11:21 PM  
Blogger Dredd said...

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