Ohio Presidential Results to be Challenged

[Chimpanzee]

Ohio Presidential Results to be Challenged
by Steven Rosenfeld
November 20, 2004

Ohio’s 2004 presidential vote will be challenged as soon as next week in the state Supreme Court, a coalition of public-interest lawyers announced Friday.

The lawyers have taken sworn testimony from hundreds of people in hearings in Columbus and Cincinnati, and will use excerpts as well as documents obtained from county election officials and Election Day exit polls to make a case that thousands of votes were incorrectly counted or not counted on Election Day.

“The objective is to get to the truth,” said Columbus Ohio lawyer Cliff Arnebeck, coordinator of the Ohio Honest Elections Campaign. “What’s critically important, whether it’s President Bush or Sen. Kerry, whoever’s been elected actually elected, is to know you won by an honest election. So it’s in the interest of both sides as American citizens to know the truth and have this answered.”

The challenge comes as the Green Party has plans to file for a recount of the state’s 2004 presidential vote. The Green Party and the Ohio Honest Elections Campaign both believe the unofficial results announced on Election Day were wrong. Ohio Secretary of State Ken Blackwell has not yet certified the Nov. 2 vote. The state’s election law says an election challenge must show the wrong candidate was been declared the winner, or it can be dismissed without a hearing. The state Supreme Court’s chief justice hears the case.

The Ohio Republican Party dismissed the challenge on Friday, the Associated Press reported, but the coalition announcing it said they were ready to litigate.

“The sworn statements that we’ve received should give everyone cause to go forward in terms of this inquiry,” said Robert Fitrakis, a lawyer, political science professor at Columbus State Community College, and editor at www.freepress.org, at the announcement.

http://www.freepress.org/departments/display/19/2004/899

[DividedWeAre]

1. EXCELLENT

excellent. grass roots move makes it even better. i was amazed that the state did not anticipate the number of voters given that we all knew it would come to Ohio. How could they not have enough voting places if they wanted every vote to count? the problems with "access to vote" is more real than any other vote fraud issue in this election. and, made even worse by the fact that it happened in Florida last time. and made even worse by the fact that this is what democrats and democracy is supposed to be all about. why didn't our guys make sure that everybody would get to the booth?

we need to coordinate support for this litigation. i can give up part of christmas and i can certainly not buy stuff that came from red states (you listening, Wal-Mart?).

[lwesty]

2. This is important

I read this yesterday on DU and now I can't find it. So here
it is again. I think it's important. Between this and Kerry's
e-mail I think they are trying to determine how much support
they still have since so many dems jumped ship and started
Kerry bashing after his concession.: "►
Contacting Kerry. If you would like to urge Kerry to withdraw
his concession or share information about election fraud,
Cameron Kerry, John’s brother is collecting comments. His
email is: [e-mail]"  This is the link
http://ohiodems.org/index.php?display=ReleaseDetails&id=197520

[Mike Nelson]

3. GOOD NEWS!

Thanks to the people who are giving up time and money so that the people can have their votes counted, no matter who wins.

[Eloriel]

4. This article is misleading

This paragraph unnecessarily and confusingly conflates the issues, efforts and groups, IMO:

Those concerns coalesced into a grassroots campaign for an answer. Within two weeks following Election Day, Arnebeck had talked to the Green and Libertarian Parties about filing for a recount – if the funds could be raised. The Greens and the Honest Election Campaign started fundraising the same day, and in less than a week, the Greens had raised $150,000 via their website to file for the recount. The Ohio Honest Election Campaign raised about $90,000 via the Alliance for Democracy site, after two Air America Radio hosts, Laura Flanders and Randi Rhodes, embraced the cause and talked up the campaign.

I'm waiting for some additional clarification from hedda_foil before I say more, but I will say this. This paragraph makes it sound as if there is a connection between the activities of Arnebeck and his Alliance for Democracy and the recounts. There is NONE. What the Alliance is doing is going after voter suppression, etc., and as a 501(c)(3) they are legally prevented from doing ANYthing re the recounts.

So the money raised by the two different groups is not connected in any way, although for a while it seems the Alliance WAS operating under the misguided impression that they could help fund the recounts (they had that on their website, but later took it down), and I'm afraid a lot of the money raised by them (via Randi Rhodes and even here at DU) was raised under that mistaken notion.

I'm not saying the lawsuit isn't good and appropriate (tho in reality I have no way of knowing anything about it), nor that people shouldn't contribute to that effort if that's where their interests (and pocketbook) lie -- just that there is no connection (nor any coordination, which would also probably be prohibited under IRS rules) between the Greens/Libertarians' recount and this lawsuit.

If people want to help fund this group and their lawsuit, they can contribute at:
http://www.thealliancefordemocracy.org

If they want to help fund the recounts in Ohio and elsewhere (FL for example), they can contribute through DUer hedda_foil's 527 set up specifically for the purpose (since her National Ballot Integrity Project was similarly not capable of doing so directly), Help America Recount, which is heavily involved in working with the Cobb/Badnerik campaigns on the recounts: www.helpamericarecount.org

[wildflowergardener]

7. I thought I was donating for recount

Well that is very confusing then. I thought I was donating for the recount when I was donating to Alliance for Democracy. Not that they aren't a worthy cause - but I don't have a lot of money, and wanted it to go for the recounts. Oh well. It's still a good cause.

Meg

[roseBudd]

8. I went to the Cincinnati meeting that Cliff Arnebeck was at

They videotaped the signed and sworn affidavits. I think voter suppression is a very important part of this strategy. It is the kind of thing that will disgust all but those GOPers who believe winning at any cost is justifiable. The fraud in Ohio may have been minority and liberal precinct vote suppression.

[Carolab]

11. Indeed

Violation(s) of the voting rights act of 1965.

I am reasonably sure this is the case, particularly since I found out this morning in reviewing Ohio's statutes that the BoE can change pollbooks and tally sheets if the results don't make sense to them. What a crock.

Ohio's election laws are incredibly convoluted. It's obvious they were written to enable a cover-up of fraud and to have a biased court make the decision(s).

[Vote4Kerry]

5. Great! What about getting one in Florida?

That is awesome that they are getting this in Ohio! Anybody know if they are going to get a recount of Florida? If not, what can we do to get one going?

[deansyawp]

6. Time is ticking

Under Florida law, a "recount" can only be requested before certification. Glenda "Katherine Harris II" Hood certified the vote this past Sunday. What is still available is a "contest" of the election results, which, by my understanding may be brought by any candidate on the ballot. This must be done within ten days after certification (i.e., by this coming Wednesday, November 24th) by means of an action filed in federal court.

I know DU'ers have contacted Cobb and Nader, both of whom were on the Florida ballot, to see if they would be interested. But because it would be under the provisions of a "contest," that is, involving a court filing, it seems both more difficult and probably more expensive than a regular recount. Unless Nader and/or Cobb announces intentions to do so within the next day or two, it would seem to be too late.

Jeff Fisher had claimed that he had reached an agreement with Nader to challenge the results and that Fisher had even secured a source of funding, but we all know how reliable Jeff Fisher's pronouncements have been, unfortunately ...

[huckleberry]

9. Ohio election to be challenged (AP)

Attorneys documenting Nov. 2 voting problems say they want the truth

By Andrew Welsh-Huggins
Associated Press

COLUMBUS - Lawyers who have been documenting Election Day problems in Ohio say they'll challenge the results of the presidential election as soon as the vote is official.

The lawyers say documented cases of long lines, a shortage of machines and a pattern of problems in predominantly black neighborhoods are enough evidence to bring such a challenge.

``The objective is to get to the truth,'' said Cliff Arnebeck, a lawyer who said he'll represent voters who cast ballots Nov. 2. Arnebeck said the effort is bipartisan.

more at
http://www.ohio.com/mld/beaconjournal/news/local/10231375.htm

[Solitaire]

10. I have a question, please...

what does this mean, from http://www.ohio.com/mld/beaconjournal/news/local/102313...

"A ruling in favor of the challenge could lead to a recount or even having the results set aside, although Arnebeck hinted that such an event was unlikely."

- having the results set aside-

???

[eowyn_of_rohan]

13. REvote?

Though it seems a long shot that would happen

[politicasista]

14. Isn't that unconstitutional?

They should make that manditory for every state.

[pointsoflight]

16. My understanding...

...is that if it is determined that the results may not be reliable, for whatever reason, there's a possibility that Ohio's electoral votes would not be cast to either candidate.

[Joe Chi Minh]

12. Here is

more coverage:

http://www.freepress.org/departments/display/19/2004/894

[feminatty]

15. Ohio 2004 vote

Is anyone challenging the Ohio results under the "Equal Protection Clause" or the 14th Amendment? There was a disparity between the inner cities, where the wait to vote was up to several hours, as compared to the more affluent suburbs where waiting was less. The wait in the cities could be considered prohibitively onerous. Wouldn't this be a violation of the 14th Amendment because of the gross inequity of voting facilities among Ohio counties? Just wondering if any group was going down that legal path?

[pointsoflight]

17. I believe the democratic party in Ohio...

...is pursuing things along those lines.

[newyawker99]

18. Hi feminatty!!

Welcome to DU!! :toast: