OH LWV sues over elections

[Boredtodeath]

FOR IMMEDIATE RELEASE

In a complaint being filed today in federal court in Toledo, the League of Women Voters of Ohio joined the League of Women Voters of Toledo-Lucas County and a dozen individual plaintiffs in suing the governor and the secretary of state for 30 years of dysfunctional election administration. Represented by a team of attorneys led by the Lawyers' Committee for Civil Rights Under Law, the League is claiming a pattern of failed election management, chronic under-funding of county boards of elections and inadequate training for poll workers.

"We simply concluded that a lawsuit is the most effective means of bringing about reform to Ohio's voting process," Co-President Carol Gibson said. "Election problems have surfaced continually, and the legislature has failed to take comprehensive action with its recent election-reform bill, HB 3. We felt that the courts presented us with a last resort for addressing the shortfalls of our election system."

The suit was filed against the office of the secretary of state and governor, not the individuals holding the offices at this time. "The suit does not allege fraud," Co-President Linda D. Lalley said. "Rather, the suit alleges that Ohio has a long history of serious problems with the way elections are conducted, spanning many administrations and violating fundamental Constitutional rights of Ohioans who are eligible to vote."

The remedy sought is to bring about meaningful reform to Ohio's election process. The suit does not seek a monetary award for any of the plaintiffs.

By filing now, the plaintiffs agree that there is a good chance of reaching a resolution in time to see reforms put in place before the 2006 election. Most of the problems identified in the suit are also outlined in the League's 10-point reform plan.

The Lawyers' Committee, a nonpartisan, nonprofit organization, was formed in 1963 at the request of President Kennedy to involve the private bar in legal services that address racial discrimination. The Lawyers' Committee invited the Toledo League to be a plaintiff because of poor state-level oversight of the Lucas County Board of Elections. The secretary of state himself has acknowledged that Lucas County voters faced special obstacles.

Like the League, the Lawyers' Committee has a highly regarded nonpartisan national reputation. The pool of pro bono lawyers who will try the case have been drawn from two highly regarded law firms, Arnold & Porter in Washington, D.C., and Proskauer & Rose in New York. The state League had the enthusiastic support of the League of Women Voters of the United States in making this decision.

As with any lawsuit, progress will be slow and updates infrequent. To stay on top of this and other election reform issues, join LWVO's election reform listserv by e-mailing a request to [e-mail].

Scott Britton
Executive Director
The League of Women Voters of Ohio
17 South High Street, Suite 650
Columbus, Ohio 43215-3474
tel [phone]
fax [phone]
www.lwvohio.org

[Fly by night]

1. Hot damn!! Way to go, LWV.

[meganmonkey]

2. Hmmm...interesting

Is this good? I wonder what their priorities are for reforming Ohio's system...It looks pretty good to me, at least as far as bringing attention to the problem.

[Boredtodeath]

3. It can't hurt can it?

What I see is the LWV standing up for the voters and saying we have a fundamental right to free, fair and honest elections.

Perhaps it's time for all of us to know whether or not the courts will support that premise.

[meganmonkey]

4. I think you're right

I think I'm just a little grumpy this morning so I am having a hard time taking good things at face value. Stayed up too late watching the CAFTA vote. ;)

[LaurenG]

5. Good for them great news!! nt

[Boredtodeath]

6. OK, dumb question time......

Could someone from Ohio explain to me why someone named "Scott Britton" is the Executive Director of the League of Women Voters??????????

I'm not trying to start a flame war, but I really, really don't understand why a MAN is leading an organization chartered for WOMEN'S issues!

[Fly by night]

7. Maybe Ohio women who support voting rights aren't sexist.

The early NAACP had many Jewish and other non-Black members, some of whom were in leadership positions. Was that a bad thing? I think not.

[Boredtodeath]

8. There's no qualified WOMAN?

Seriously......there's not ONE qualified woman in Ohio to act as Executive Director of the LWV in all of Ohio?

Somehow I think there are many Susan Truitt's there..........

[NoBushSpokenHere]

9. Sure there are.....but Ohio Women understand

that it doesn't matter who delivers the message, as long as it gets delivered.

Actually, I wondered the same thing myself when I read the post......

[Boredtodeath]

10. Thanks

It just struck me as odd.

[Fly by night]

11. I presume they had open process for recruiting their Executive Director.

And my guess is that the majority of the hiring committee would have been women. So you might want to direct a question to the chair of the hiring committee -- it would be interesting to hear what they have to say about your concerns.

I didn't pick up on the gender of the ExexDir -- I was just focused on the "message". And I'm still glad that they are pursuing a lawsuit with other organizations in Ohio. Anything to get their corrupt election theft machine into court.

BTW, I've been invited to attend the 85th anniversary next week of Tennessee's role in approving the constitutional amendment which brought about women's suffrage. I am a male. Should I go or would my gender be a distraction?

[Boredtodeath]

12. Actually

Anything to get their corrupt election theft machine into court.

I disagree vehemently with that premise. Getting into "court" is not the objective we should be seeking.

Getting into court with a strong case, which can be WON, and not dismissed on a Motion for Summary Judgment, should be the objective.

I would hope we all want a court to AFFIRM our right to a free, fair and honest election - male and female - and not have this issue dismissed.

My personal opinion is that Ohio is the very worst case for having this heard - since the judges are so thoroughly corrupt - and may well result in a precedence which says the voter is entitled to no such assurance. Like the case in California which said the voter was not entitled to an assurance of accurate elections.

Nothing is assured just because we got into a court. Especially not in Ohio.

[Fly by night]

13. I presume they're not out to lose their case.

But I agree that "Getting into court with a strong case, which can be WON, and not dismissed on a Motion for Summary Judgment, should be the objective."

Now I'm off to battle other forces of evil today. And to get ready for our 85th anniversary celebration in Nashville of Tennessee being THE final state that made women's suffrage a reality in this country.

[Boredtodeath]

14. True, nor were Arnebeck and Fitrakis

Correct?

But, lose they did. OK, so they dismissed rather than lose, but it's the same thing.

I just hope they've thought the case all the way through. Just sayin....

[Fly by night]

22. You're right, Moss v. Bush was dismissed. Have you wondered why?

I agree that the Ohio state courts appear to be as fucked up these days as the rest of Ohio government. But I've often wondered whether that case was dismissed (as well as the Ohio AG's effort to sanction Arnebeck, Fitrakis et al) because the evidence -- far from being weak -- is overwhelmingly strong and convincing beyond "a shadow of a doubt".

BTW, the LWV et al case was filed in federal court, rather than state court. There do appear to be some hold-over (read "competent and ethical") judges on the Ohio federal bench who might just give the LWV case (and the other 2004 election theft cases still being pursued in Ohio) a fair and impartial hearing.

One can only hope (and pray)....

[Tigress DEM]

26. Clips of How Blackwell's attempt at "sanctions" backfired..

Latest is first.... Conyers pulled lead on helping the "legal 4" get their necks out of the noose AND because Blackwell did his little REVENGE bit, there is now on public record over 1,000 pages of evidence showing what he was trying to keep hidden in the first place.

Also, on the record is how Blackwell simply refused to show up to court or provide evidence when required. With this in the background, the LWV case has a really good foundation to stand on and by moving it to the non-partisan ground, there is a great chance it will bring about the proper results. And even though Blackwell isn't on trial his actions will be brought into evidence along with previous and it will be another place his name is correctly associated with election fraud in Ohio... even if it's not "officially" damming.


http://www.freepress.org/departments/display/19/2005/1166
Representative Conyers and others file amicus brief in Ohio Supreme Court
by Dena Graziano
February 17, 2005

<clip>
Today, Congressman John Conyers, Jr., Ranking Member of the House Judiciary Committee, will be filing an amicus brief in the Ohio Supreme Court with the support of Senator Russ Feingold and 17 other members of the House of Representatives recommending that the Court not sanction the attorneys who brought Ohio election contest in Moss v. Bush (no.04- 2088). Mr. Conyers offered the following statement:

"The attorneys in this case had reason to believe that the election results did not reflect the will of the electorate. In good faith, they brought a case based not only on statistical probability but the depositions and affidavits of computer experts, statisticians, and election volunteers. In only a couple months, these attorneys have amassed over 900 pages of evidence.

"While we take no opinion on the underlying case, we firmly support the right of citizens to challenge elections results in court when they have a good faith basis to do so. Truly, Secretary Blackwell's attempt to sanction these attorneys is meant to send a message to anyone who dare challenge his questionable election administration. For our democracy to work properly, we can't allow this sort of intimidation by state officials.”



http://www.freepress.org/departments/display/19/2005/1155

Congresswoman Tubbs Jones Outraged at Blackwell's Failure to Appear During House Administration Hearing
by Office of Rep. Tubbs Jones
February 12, 2005

<clip>
Washington, D.C. – Today, Congresswoman Stephanie Tubbs Jones spoke before the House Administration Committee during their hearing on the Implementation of the Help America Vote Act following the 2004 election.

"I am thoroughly disappointed that the Secretary of State from my home state of Ohio, Ken Blackwell, chose not to testify today before the House Administration Committee," stated Rep. Tubbs Jones. "Just as he created tremendous confusion among voters in Cuyahoga County and across the state of Ohio during this past election by issuing bizarre directives and playing partisan politics, his failure to testify before this committee today shows that he is not committed to improving our election system.

"I would have thought that he would have seen this hearing as an opportunity to further examine the problems that occurred during this past election and work to develop a plan of action for addressing them. The Secretaries of State from key battleground States such as Iowa, New Mexico and Indiana felt it important enough to attend this hearing today. Ken Blackwell owed it the people of Ohio and of this country to be at this hearing today. They deserve the truth!"


http://www.freepress.org/departments/display/19/2005/1138

Election 2004

Ohio Attorney-General's attack on election protection attorneys draws mountain of documentation on state's stolen election, including new study on exit polls
Steve Rosenfeld and Harvey Wasserman
February 3, 2005

<clip>
Stiff legal sanctions sought by Ohio's Republican Attorney General James Petro against four attorneys who have questioned the results of the 2004 presidential balloting here has produced an unintended consequence -- a massive counter-filing that has put on the official record a mountain of contentions by those who argue that election was stolen.

In filings that include well over 1,000 pages of critical documentation, attorneys Robert Fitrakis, Susan Truitt, Peter Peckarsky and Cliff Arnebeck have counter-attacked. Their defense motions include renewed assertions that widespread irregularities threw the true outcome of the November vote count into serious doubt. That assertion has now been lent important backing by a major academic study on the exit polls that showed John Kerry winning the November vote count.

Petro's suit is widely viewed as an attempt at revenge and intimidation against the grassroots movement that led to the first Congressional challenge to a state's Electoral College delegation since 1876. The attorney general's action was officially requested by Secretary of State J. Kenneth Blackwell, who administered the Ohio presidential balloting while serving as co-chair of the state's Bush-Cheney campaign. Petro and Blackwell have labeled as "frivolous" the election challenge filing. Their demand for sanctions will be reviewed by the Republican justice of the Ohio Supreme Court.

Though Petro's filing was aimed at backing down further challenges to the Ohio vote, it has allowed the election protection attorneys to enter into the official archives critical documentation detailing dozens of problems with Ohio's presidential balloting. Among the documents now made part of Ohio's legal archives is a congressional investigation report from Rep. John Conyers that seriously questions the November 2 outcome.

The two now-infamous lawsuits in question, Moss v. Bush and Moss v. Moyer, argued that irregularities involving enough votes to switch the state's electors from Bush to Kerry, and from Supreme Court justice Tom Moyer to challenger Ellen Connally, gave the public the right to file suit. Underlying much of the challenge have been wide ranging questions about whether Blackwell administered the election in a partisan manner.

Blackwell refused to testify in the case, and he has removed from public access critical documents relating to the vote count.

[FogerRox]

19. I voluteered in NJ for LOWV -- I m a guy

[Boredtodeath]

20. Big difference

In male "volunteers" and a male Executive Director.

[bobbieinok]

29. about 20 years ago both the LWV and the Am Assoc of Univ Women

had long local, state, and national debates on men joining the organizations and holding office/official positions.....as I recall, each organization decided to admit men; there were women in both organizations who were unhappy with the decision

[merh]

15. Gee, who'd of thunk of using legal channels to try to make

a difference. :sarcasm:

Go ladies, go! :bounce:

[Boredtodeath]

16. Actually, legal channels has been the LEAST successful

It's not like this is the first case tried in court on this issue and none of them have been decided in the voters' favor.

Let's review:

Bev's Qui Tam in California - a complete disaster for election reform

Donna Frye's lawsuit - a legal precedent allowing the Diebold data files to be labeled as proprietary trade secrets

Ohio 2004 Election lawsuit - dismissed before a severe precedent could be set (thank goodness!)

Shelby County, TN - 2 judges, both parties (R and D), dismissed on Motion for Summary Judgment.

TrueVoteMD lawsuit - dismissed on Motion for Summary Judgment.

I could go on, but the bottom line is simple - the winner in EVERY court case has been Diebold.

[merh]

18. Diebold wasn't the issue in the Ohio state court.

It was the disenfranchisment of the voters and the other tactics used by the SOS. Because the action filed was time sensitive, the repuke judge was able to stall consideration of the issues until it was too late.

That the attorneys involved did not take it further is on them, that does not make the "legal process" less effective, it makes it the process not used wisely and effectively. As with March, had he had a lawyer on hand to file for an injunction preventing the count from continuing until the court determined whether or not the officials were complying with the law, the legal process is not used pro-actively and when it should be used. Waiting until Pandora's box is opened is too late to try to use it effectively, imho.

BTW - what ever happened with the federal case pending in Ohio?

[Boredtodeath]

21. Everything you say is 100% correct

and on point!!!!!!!!!!

I have no idea what happened to the federal case in Ohio. Perhaps it's time for an update on it? Do you happen to know the style or case number?

[merh]

23. I found this reference.

(docketed/filed 05/10/05) Document 58:
ORDER transferring case to the United States District Court for the Northern District of Ohio for joinder with Rios v. Blackwell, C3-04-7724. All pending matters in the Southern District of Ohio are rendered moot. Signed by Judge Edmund A Sargus on 05/09/2005. (dh)

[eomer]

28. NVRI mentions the recount case in their news alert about the LWV lawsuit:

"The lawsuit is not connected to NVRI's ongoing effort to clarify Ohio's recount procedures."

That's from the NVRI News Alert (post #25 by mod mom). So at least that says that as of yesterday the case is still ongoing.

I've been watching nvri.org hoping to see any news about the recount lawsuit. They've posted developments in the past so I'm assuming nothing has happened subsequent to being transferred to a different court.

[Bill Bored]

17. They are just a bunch of conspiracy theorists!

League of Women Voters? Sounds like the loony left to me!
:sarcasm:

I do wish they'd kept control of those Presidential debates though, even though Kerry cleaned Bush's clock! (Fat load of good it did.)

[bobbieinok]

30. at the time LWV lost control of debates, nearly every one thought they

ran the debates in an extremely boring format.......well, now we see the problems with 'interesting' formats and moderators

with the League, the debates were a civics lesson (viewed by many as more boring than the most boring high school text book)......the new format is entertainment (with lots of room for manipulation of questions and different treatment of candidates)

IMO, the parties like the new format b/c they think they can manipulate it in their favor........LWV format was seen by many as being run by stereotypical old maid school teachers and librarians

[Fly by night]

24. This is the press release posted on LBN

And I only see women's names associated with LOWV leadership in the press release.
----------
League of Women Voters sues Taft, Blackwell over Ohio voting procedures


As a press release, this is not copyright-protected...

Seeking to redress decades-old Constitutional defects in the way Ohio conducts federal elections, the League of Women Voters of Ohio, the League of Women Voters of Toledo-Lucas County, and more than a dozen Ohio citizens today filed a historic, non-partisan lawsuit against the State of Ohio.

The lawsuit alleges that Ohio Secretary of State J. Kenneth Blackwell, Governor Bob Taft, and their predecessors have failed to protect the fundamental rights of eligible Ohio voters to cast a meaningful ballot, as required by the Equal Protection and Due Process Clauses of the Fourteenth Amendment to the United States Constitution. In addition, the complaint contends that Ohio has not met its obligations under the Help America Vote Act. The lawsuit does not challenge the results of any past elections, but instead seeks to bring about changes necessary to protect the rights of Ohio voters in future elections.

Filed in federal court in Toledo, the complaint chronicles deficiencies over more than three decades, including widespread problems with the voter registration system, the absentee and provisional ballot processes, the training of poll workers, the organization of polling places and precincts, and the allocation of voting machines. The lawsuit seeks to compel the state to uphold its constitutional obligation to provide for the voting-related needs of its citizens in time for the November 2006 general election. The relief sought would require the state to repair the problems at all stages of the electoral process that have disenfranchised and overly burdened Ohio voters and made the ability to vote and be counted vary widely from county to county.

"This lawsuit is not about overturning election results, it's about fixing a broken election system that is preventing people from having their vote counted," said Peg Hull Smith, spokesperson for the League of Women Voters of Toledo-Lucas County.

Linda Lalley, Co-President of the League of Women Voters of Ohio said, "This is a very important day for the voters of Ohio. Through its nonpartisan, good-government activities, the League of Women Voters of Ohio has been working for 85 years to guarantee that the voices of all eligible Ohioans are heard when they go to the polls. This lawsuit will bring us much closer to that goal. We are excited to join with voters from all over Ohio to help bring an end to the inadequate system of elections provided by the state."

"We are proud to represent this dedicated group of Ohio voters. This lawsuit will begin the process of restoring the infrastructure of democracy so we can honor the promise that the Constitution provides for every Ohioan," said Jon Greenbaum, part of the plaintiffs' legal team and Director of the Lawyers' Committee's Voting Rights Project. "Regardless of your political affiliation or county of residence, the right to vote is precious and we must have a system that guarantees and protects that right."

"Long lines, inadequate facilities for voting, registrations that are not processed on time, and absentee ballots that never arrive have deprived far too many Ohioans of the right to vote for far too long. The system needs reform now," said Brenda Wright, Managing Attorney of the National Voting Rights Institute and one of the attorneys for the plaintiffs.

"This lawsuit seeks to remedy what is not working in Ohio's election system," said Elliot Mincberg, Vice President and Legal Director of People for the American Way Foundation. "We know that voters' rights are being violated, and we want to stop it. Every eligible voter must be able to cast a vote that is counted. Fixing Ohio's election system can help restore trust in the democratic process."

"There is nothing more fundamental to ensuring a fair process than making sure that every person who is eligible and wants to vote is able to do so," said Caroline Press, attorney at Proskauer Rose LLP, which is representing the plaintiffs in the complaint. "Unfortunately, for the people we are representing here today and too many others like them across the state, the system has failed. That should not happen."

Robert Rubin, Legal Director of the Lawyers' Committee for Civil Rights of the San Francisco Bay Area, stated: "The disregard for voters' rights shown by Ohio's election officials was as effective a method of suppressing the vote as the more blatant poll taxes of the past. These barriers impede, delay, and deny the right to vote; they must be removed."

Voting deficiencies outlined in the complaint chronicling voting problems in Ohio from the 1970s to the present, include:

-- Thousands of Ohioans unable to vote in November 2004 because lines in many precincts were more than two hours - and up to nine hours - long

-- Thousands of voters casting provisional ballots in 2004, only to have them thrown out when poll workers failed to advise that the voter was standing in the wrong precinct line

-- More than one third of precincts in Miami County running out of ballots in the November 2001 election

-- 3,556 Cuyahoga County votes in the November 2000 election that were processed twice, causing a computer to throw them out

-- Thousands of Cincinnati and Franklin County voters arriving at their regular polling places during the 2000 election, only to find they were no longer polling places or no longer their polling places

-- Registered voters in Franklin County in 2000 who were not able to vote because their names had been purged from voting lists or because the Bureau of Motor Vehicles had failed to process their registration cards

-- Dozens of precincts in Cuyahoga County running out of Republican ballots during the March 2000 primary, forcing them to turn registered voters away

-- Franklin County's registration rolls containing tens of thousands of erroneous entries in 1999

-- In 1998 and 1996, the registration rolls in Cuyahoga County containing tens of thousands of duplicate and inaccurate entries

-- Thousands of legitimate votes in Franklin County in 1998 that were counted for the wrong candidate due to wrongly programmed electronic voting machines

-- The fundamental failure to adequately hire and train election workers since at least 1994, resulting in unfilled positions and untrained, first-time workers at polling places

-- Identical breakdowns in elections in 1971 and 1972 in Hamilton and Cuyahoga counties that included disenfranchisement of thousands of voters because dozens of precincts never opened or opened late; failure to deliver an adequate number of voting machines to precincts; misprogramming of voting machines; distribution of incorrect ballots; lack of adequate staffing; and failure to train poll workers

The plaintiffs are represented by the Lawyers' Committee for Civil Rights Under Law, the law firms of Proskauer Rose LLP, Arnold & Porter LLP, and Connelly, Jackson & Collier LLP, along with the People for the American Way Foundation, the National Voting Rights Institute, and the Lawyers' Committee for Civil Rights of the San Francisco Bay Area.

[mod mom]

25. Here is a letter that went out from NVCI:

Here is a letter that went out from NVRI (John Bonifaz's group):


The problem has been building for decades. Today, NVRI joined our colleagues at other leading voting rights organizations in a historic lawsuit pressing Ohio to fix their broken election system. The non-partisan lawsuit, filed on behalf of the League of Women Voters of Ohio, the League of Women Voters of Toledo-Lucas County, and more than a dozen Ohio citizens, seeks to redress decades-old Constitutional defects in the way Ohio conducts federal elections. If successful, the suit would require the state to repair the problems at all stages of the electoral process. The suit was announced at simultaneous press conferences in Columbus and Toledo.

Among the deficiencies:

1. Thousands of Ohioans unable to vote in November 2004 because lines in many precincts were more than two hours - and up to nine hours - long

2. Thousands of voters casting provisional ballots in 2004, only to have them thrown out when poll workers failed to advise that the voter was standing in the wrong precinct line

3. More than one third of precincts in Miami County running out of ballots in the November 2001 election

4. 3,556 Cuyahoga County votes in the November 2000 election that were processed twice, causing a computer to throw them out

5. Thousands of Cincinnati and Franklin County voters arriving at their regular polling places during the 2000 election, only to find they were no longer polling places or no longer their polling places

6. Registered voters in Franklin County in 2000 who were not able to vote because their names had been purged from voting lists or because the Bureau of Motor Vehicles had failed to process their registration cards

7. Dozens of precincts in Cuyahoga County running out of Republican ballots during the March 2000 primary, forcing them to turn registered voters away

8. Franklin County's registration rolls containing tens of thousands of erroneous entries in 1999

9. In 1998 and 1996, the registration rolls in Cuyahoga County containing tens of thousands of duplicate and inaccurate entries

10. Thousands of legitimate votes in Franklin County in 1998 that were counted for the wrong candidate due to wrongly programmed electronic voting machines

11. The fundamental failure to adequately hire and train election workers since at least 1994, resulting in unfilled positions and untrained, first-time workers at polling places

12. Identical breakdowns in elections in 1971 and 1972 in Hamilton and Cuyahoga counties that included disenfranchisement of thousands of voters because dozens of precincts never opened or opened late; failure to deliver an adequate number of voting machines to precincts; misprogramming of voting machines; distribution of incorrect ballots; lack of adequate staffing; and failure to train poll workers

"Long lines, inadequate facilities for voting, registrations that are not processed on time, and absentee ballots that never arrive have deprived far too many Ohioans of the right to vote for far too long. The system needs reform now," said NVRI's Managing Attorney Brenda Wright.
The lawsuit is not connected to NVRI's ongoing effort to clarify Ohio's recount procedures.

NVRI is proud to stand alongside Ohio voters, and our colleagues at the Lawyers' Committee for Civil Rights Under Law, the law firms of Proskauer Rose LLP, Arnold & Porter LLP, and Connelly, Jackson & Collier LLP, the People for the American Way Foundation, and the Lawyers' Committee for Civil Rights of the San Francisco Bay Area.

To read the full press release, click here (http://www.nvri.org/about/ohio_recount_press_release_07... ).

To review the complaint, click here (http://www.nvri.org/about/ohio_complaint_072805.pdf ).

paper not vapor

[texpatriot2004]

27. This is good news. Thanks for sharing and a big thank you to

the League of Women Voter's.

[Fly by night]

31. kick