Election official in OH calls recount "frivolous"

[pointsoflight]

Clair also informed the four-member board that she will return a check to Green Party presidential candidate David Cobb and his counterpart with the Libertarian Party, Michael Badnarik.

They sent money to Lake County to pay for an automatic recount of presidential election ballots in the county.

Their $10 a precinct falls far short of the full cost, Clair said. Additionally, the two third parties can't seek an automatic recount until the state certifies the election.

She also said some prosecutors should challenge this because it could be considered frivolous.

An additional obstacle would be getting the recount completed before the state's electoral college meets Dec. 13, Clair said. The Lake County recount would take two days, Clair said.

http://www.zwire.com/site/news.cfm?newsid=13413016&BRD=1698&PAG=461&dept_id=21849&rfi=6

If you like, tell the Director, Jan Clair, whether you agree:
[e-mail]

[glitch]

1. Election officialing is hard work. If $10/precinct doesn't cover then why

is it the charge? What whiners.

[pointsoflight]

10. Doesn't matter. $10 is what state law says.

[shoelace414]

2. So are they trying to

change the rules after the election is held?

[ahyums]

3. that's horrific, we'll see how frivolous it is, I'll bet if Kerry does

prevail she'll still be muttering how frivolous it was. Gosh the thought that people are worried whether their vote counted or not is "frivolous", seriously, elections, democracy, why bother it's "frivolous".

[Lindacooks]

4. Yeah, democracy is always frivolous.

We have more serious things to fight - like makin' sure Billy Bob and Kathie Sue can git married drunk in Las Vegas after knowin' each other 10 minutes (turns out they're cousins, oh well) while

two adults who have lived together for years and are in a totally committed relationship CAN'T.

[TennisGuy2004]

5. LAKE COUNTY

Lake County is one of 6 Ohio counties that uses DRE. No wonder they don't want a recount.

Gee, I wonder if she's a Democrat or a Republican.

[WiseFawn]

6. I wrote to her.

I hope she gets bombarded with emails!

[batchdem04]

7. wrote to her as well

suggest everyone do the same

[caligirl]

11. Frivoulous, my ars! wholesale disenfranchisement more likely by your kind

My letter to Ms. Claire............


The constitutionally guaranteed right to vote is no frivolous matter Ms. Claire. It is a right of each American citizen. Your lack of a responsible attitude to your real job means to citizens that their trust in you is not warranted. Your not here to advance a political campaign.

Your attitude speaks to an underlying bias toward wholesale disenfranchisement of fellow citizens
.
Perhaps you find it frivolous when it isn’t to your benefit?

[Solitaire]

8. I emailed her.

[Verve]

9. Anybody know why my email was rejected when I tried to send

it to her?

<[e-mail]>:
205.247.195.3 does not like recipient.
Remote host said: 550 Requested action not taken: mailbox unavailable
Giving up on 205.247.195.3.

She doesn't like the recipient? Well, I don't like her either. Nanny nanny boo boo!!!

[pointsoflight]

12. Looks like you had a typo

An extra "ir" in the name.

[Verve]

18. Thank you! I resent it!

Ms. Clair,
I'm appalled that you would call the recount of Ohio frivolous. Especially since the November 2nd election was replete with mistakes, glitches and voter suppression complaints throughout the state of Ohio. May I remind you that this is the United States of America. We should be guaranteed a fair election. If a fair election is what we got on November 2nd, then you should have nothing to hide. If we did not get a fair election we need to find and fix the mistakes to make sure they do not occur in the future. The first step to ensuring we received a fair election is a full recount of Ohio. Shame on you for calling it frivolous. May I also suggest that you consider removing yourself from the Recount procedure as your actions appear suspect.

A concerned voter,

[Verve]

37. MS CLAIR RESPONDED TO MY EMAIL. HERE IT IS:

Please be advised that we will conduct a recount, at the appropriate time. The law provides a mechanism for the recount and certainly, that request will be honored.
My comments spoke to a procedural question. We have received a request for a recount prior to the election being certified by the Secretary of State. I am meeting with our Prosecutor to determine if I can hold on to the check or need to return the check until the appropriate time it may be requested.
Please understand that a recount is a reaffirmation of what we do in conducting the official count. I have no problem whatsoever in doing whatever is requested and will do whatever is requested by law. And, I have never felt that any part of our election process is frivolous....



Respectfully,
Jan Clair, Director

[caligirl]

41. sounds like what she told me via phone this am. keep emailing ...

She needs to feel some pressure to understaand her actions and reactions are beingclosely scrutinized. She is a Repug. Watch her, Blackwell is!

[Verve]

43. Good point. I'll edit my other post.

[dkofos]

54. Same reply I got

[kitp]

58. same reply to me

as well...auto-reply

[EndElectoral]

13. I sent in my two cents

[su01]

66. E-mail From Moi Aussi

[marylanddem]

14. E-mail sent

Thanks for the update.

[bearfan454]

15. My email to Jan Clair

From: xxxxxxxxxxxxxxxx(me)
To: [e-mail]

You have to let a recount take place.
It is the law. There will be a recount for all of Ohio and Kerry will win.

[dkofos]

16. Thanks for posting her e-mail addr.

keep her mailbox full
keep her busy reading her e-mail
Incompetance pisses me off.

:grr: :grr: :grr:

[BRLIB]

17. Even John Zogby smells a rat......is that you?

I am sending in an email.

More:

You are what is "frivolous" and I think you should be fired!

From earlier post:

'Exit polls on Election Day from both the polling firm Zogby International and CNN projected John Kerry winning the state of Ohio. University of Pennsylvania Professor Steven Freeman calculated the odds that the exit polls in Ohio, Florida and Pennsylvania all being wrong are 250,000,000 to one. Pollster John Zogby, President of Zogby International, is quoted as telling the Inter Press Service of Stockholm that "something is definitely wrong."

Zogby commented that he was concerned about the discrepancy between the exit polls and the official vote tallies stating "We're talking about the free world here." '

[caligirl]

19. http://www.news-herald.com/site/news.cfm?newsid=12975054&BRD=1698&PAG=461&

She doensn't mind working hard at her job here!
She is turning a case of possible AV fraud over to the prosecutors office.

[ohtransplant]

20. Also wrote to her n/t

[shawcomm]

21. Unbelievable!

Well, it's not, but I'm in constant shock these past four years at every step the right-wing takes in destroying our country.

Not enough money, too frivolous, not enough time - what's next, "Oh, I'm too tired today to count any votes." or "I can't count any votes because the planets aren't aligned." They'll just give any excuse not to count votes and they are so embedded in the system that justice will not prevail.

I think I'm losing my mind.

[jhgatiss]

22. Ms. Jan Clair

Has been e-mailed and told to follow the law or perhaps it is SHE who will face prosecution!

[kitp]

23. my email to her

Ms. Clair,

In regards to your comments that appeared in a News-Herald article:

Their $10 a precinct falls far short of the full cost, Clair said. Additionally, the two third parties can't seek an automatic recount until the state certifies the election.


She also said some prosecutors should challenge this because it could be considered frivolous.


First, I would like to say that it is not your decision as to whether or not $10 covers the full cost of a recount, this is the law - "Rule of Law", remember?

Second, it is not very pleasant to hear any election official refer to the counting of citizen's ballots as 'frivolous'. I think we citizens may find that employing you is more frivolous and wasteful of taxpayers money than the counting of our votes.

If you cannot muster the belief that citizen's votes are paramount in a democracy, perhaps you should resign and allow someone who has taken Citizenship 101 to assume your position.

[smartone]

25. Voter suppression

Here is the thing.

although everyone is dismissing vote suppression as basically a problem that is too late to address

you have to understand two important rules about elections

1. voter suppression tactics like this are against voting rights act

2. if SOE of ohioh dismisses these flaggrent illegal law breaking of election then it can be argued that he changed the rules of election AFTER it has occurred which is the argument the Supremes used to give election to Bush.

[Straight Shooter]

24. "frivolous" means "silly" and is Repub code for "waste of time and money"

Ms. Clair, it isn't silly. It is solemn, and well worth the investment of time and money to get to the bottom of this fiasco.

I'm sending my email now.

Okey-dokey, here's my message to Princess Clair:

With all due respect, "frivolous" implies silly, a waste of time and money.

The recount request is presented with all the solemnity that democracy deserves. Please do not dismiss out of hand the serious concerns of millions of Americans, lest we be mistaken for a banana republic by the world at large as well as our own citizens.

It is well worth the investment of time, effort and money to get to the bottom of this election fiasco. If Ohio had kept its house in order, if all its citizens who are eligible to vote had received fair and impartial treatment on November 2, this aftermath would not be happening, and you know it. Please spare us your mock anguish.

[mcg]

52. Repub think: democracy is "waste of time and money", fascism is good

[caligirl]

26. detailed Lake Cty elections contact info info/ Claire is a Repug

http://www.electionohio.com/county.asp?CountyID=43Lake County Board of Elections
105 Main Street., P.O. Box 490
Painesville, OH 44077-0490

Office Hours: 8:00 a.m. - 4:30 p.m.
Phone: [phone]
Fax: [phone]
Web Site: http://www.lakeelections.com/

Lake County Board of Elections
105 Main Street., P.O. Box 490
Painesville, OH 44077-0490

Office Hours: 8:00 a.m. - 4:30 p.m.
Phone: [phone]
Fax: [phone]
Web Site: http://www.lakeelections.com/

Office Name Party Term Expires
Director Janet F. Clair (R)
Deputy Director Linda Hlebak (D)
Chairperson John F. Platz (D) 2/28/2002
Member Eldon A. Spencer (R) 2/28/2004
Member Thomas A. Tagliamonte (D) 2/28/2004
Member David A. Vitaz (R) 2/28/2002

Lake County Board of Elections does not currently subscribe to electionohio.com. For more information about electionohio.com, view our brochure or e-mail [e-mail].

[Debbie13]

27. Lake County

This is my first post, although I've been reading for a while.

I just emailed this to Jan Clair


"I hear it is your position to block the Green Party's recount of Lake County, Ohio. There are many Americans who feel a recount is necessary, not to change the election, but to assure us that every vote is counted properly.

Will you, please, reconsider?"

Then I sent carbon copies to about forty news organizations.

[Verve]

30. Welcome to DU, Debbie 13!

:D

[RevCheesehead]

69. Brilliant move!!

Sending the cc's to the media is fantastic!

Welcome, Debbie 13! I think you'll like it here!
:hi:

[sympa]

28. here is my reply...sound ok?

Dear Ms. Clair,
I read that you had returned the check from Mr Cobb and Mr Badnarik to fund the recount in your county. You were referenced as having said that the $10 per precinct falls far short of the full cost of the recount. The Secretary of State of Ohio has been quoted as saying that the average cost for each precinct is $10-15. What is the cost of a recount in your county and how far short was the check that Mr Cobb and Mr Badnarik gave you? It is not your duty to determine how much money citizens or candidates have to pay for a recount (unless I am mistaken) and if according to law, they provided the correct amount of money, then you must comply with their request and go ahead with the recount.
You were also referenced having said that some prosecutors should challenge the request for a recount because it could be considered frivolous. Which aspect of the actions of Mr Cobb and Mr Badnarik do you consider frivolous? (frivolous is defined as unworthy of serious attention; trivial: a frivolous novel or inappropriately silly). Considering the wide range of abnormalities in my state of Ohio, I think it would serve all citizens to see the results of a legally requested and conducted recount.
To see the wide range of abnormalities reported by Mr Ray Beckerman (attorney) please see this link.
http://www.dailykos.com/story/2004/11/21/221351/52

There is nothing frivolous about a legally requested recount, as it is written in Ohio law that any candidate verifiably on the ballot may request one, so long as they provide the predetermined fee for each precinct.

You also stated that an additional obstacle would be getting the recount completed before the state's electoral college meets Dec. 13. I see two problems with this assesment. First of all, congress will not open the ballots from the electoral college until January 6 which means that technically, if this election is to be contested (not recounted, but contested) then the people contesting the election have until January 6th to do so. A recount can take place at any point in time to help shed light on what happened exactly on voting day. Besides, is your job to determine the validity of recount requests and worry about the date by which you can complete them or is your job to carry out the legal requests of citizens and candidates? This leads me to my second point. On November 22, I am reading that it will take 2 days for your county to perform a recount and that you are concerned that you cannot complete the recount by Dec 13, even though it is 2 weeks away.
I am forwarding the article in which you were interviewed to various people so that they can counter your claims and ensure that the recount will go forward.

Good Day,

xxxxxxxxxxx

[caligirl]

45. outstanding letter to Ms. Claire! good reading here. keep emailing please.

[seaveggie]

29. Sent one too....

Sent one myself. Tell your friends....

[caligirl]

31. I just spoke by phone with Ms. Claire in Lake county

I called and was able to have a brief but friendly and informative converastion with Ms. Claire.

She said "It is a procedural question." She said in summary that she has been given a check for $10 by the parties asking for the recount and since the election is yet to be certified she wants to know "do I hold on the check" before the recount can be requested by procedure. The recount, she says, cannot be requested until after the election results are certified. Since the recount is being requested before that what should she do?

I think that sums up her statements to me.

She said she could not be responsible for hoiw the newspaper covered her statements. She said she will and fully intends to hold a recount and it will follow all ethical standards. She acknowledged the comment about the $10 check not covb=vering the cost was not stated as she had meant and that a recount would be done regardless.

[Verve]

33. Good info Cali Girl!

[IAMREALITY]

34. Looks like SHE Flip Flopped

All I can say is congrats DU'rs! I bet anything she already got wind of the nasty emails we are sending and changed her tune MIGHTTTTTY quick!

:toast:

[pointsoflight]

35. Thanks. At the same time...

Her explanation doesn't address the comments attributed to her in the paper, in which she called the issue "frivolous" and said that lawyers should look into it.

[caligirl]

39. agreed. she tried backtracking from the 'frivolous' comment. keep emailing

[Helga Scow Stern]

36. I sent her an apology:

Dear Ms. Clair,

I think some people misunderstood your intentions from reading the newspaper article in the Herald. It just goes to show how riled up everyone is about feeling that votes are not being properly counted.

Sorry if you were the target of this, when it sounds like you are doing your job. The one everyone should be blasting is the Secretary of State. It should be illegal for a campaign manager to be in charge of the votes. I knew better than that in sixth grade. What is wrong with this country?

[Helga Scow Stern]

63. And here is the reply:

Thank you for your understanding and comments….I will always uphold the oath I took and highly regard.

Jan Clair, Director

[progressoid]

32. Jeepers, Democracy sure is frivolous

Just sent my email...

[jdog]

38. Very effective post.

My email got returned, but I guess it doesn't matter now, eh?

[Verve]

40. PLEASE SEE MS CLAIR'S RESPONSE . POST #37

[Generator]

42. Mass protests in the streets of Ohio

That's what is needed. Unfortunately I live in Oregon and have small children. Where's the Deaniacs when you need them? Descend. Do not go quietly.

[Debbie13]

46. I've never been a protestor B4, Can't wait to do it!

I'll be in Ohio around Dec 4th and hope to get to join one.

[bmoney07]

44. Wrote here as well

She needs to goto another country if she think democracy is a waste of time???

[pbartch]

47. My letter .....I hope it was okay......................

Ms. Clair,

Please follow the laws governing a recount in Lake County, Ohio. EVERY VOTE COUNTS.

The News-Herald reported that you stated: "Clair also informed the four-member board that she will return a check to Green Party presidential candidate David Cobb and his counterpart with the Libertarian Party, Michael Badnarik.

They sent money to Lake County to pay for an automatic recount of presidential election ballots in the county.

Their $10 a precinct falls far short of the full cost, Clair said. Additionally, the two third parties can't seek an automatic recount until the state certifies the election.

She also said some prosecutors should challenge this because it could be considered frivolous." The News-Herald

This is my understanding, in accordance to the Ohio law, Mr. Cobb and Mr. Badnarik provided the correct amount of money established by law (the Secretary of State of Ohio has been quoted as saying that the average cost for each precinct is $10-15). I believe you should comply with their request and do the recount.

I also read that you reportedly called their request to do a recount "Frivolous." Aren't you supposed to do your job and go ahead with the recount? Is it up to you to decide if their request is "trivial" or not?

They paid the fee and as is written in Ohio law, any candidate verifiably on the ballot may request one, so long as they provide the predetermined fee for each precinct. I'm forwarding my letter to you to a number of media email addresses.

A Concerned Voter

[seaveggie]

49. Good letter!

Nothing more impactful than a reasoned, polite email. Nice.

[caligirl]

50. Nice letter, espcially about 'follow the laws' N/T

[seaveggie]

48. She emailed back!

Got this email back, most likely many others have too. Hard to believe, but it does look like a personal response. She must be getting inundated. This blogworld is a powerful thing, eh?

==============

"Please be advised that we will conduct a recount, at the appropriate
time. my comments spoke to a procedural question and please be assured that I feel nothing is "frivolous" regarding any part of the election
process.

We have received a request for a recount prior to the election being
certified by the Secretary of State. I am meeting with our Prosecutor to determine if I can hold on to the check or need to return the check until the appropriate time it may be requested.

Please understand that a recount is a reaffirmation of what we do in
conducting the official count. I have no problem whatsoever In doing whatever is requested.

Respectfully, Jan Clair, Director"

[caligirl]

51. me editied email after speaking with her and reading more here.

The constitutionally guaranteed right to vote, is no frivolous matter, Ms. Claire(R).



Choosing to call a requested recount “frivolous” in the light of the actions and words of SOS Blackwell makes you look like Katherine Harris of the 2000 debacle. You are sure to raise the ire of many who will see you as steeling votes for Bush.



The comments made to the reporter by you convey you are here to advance a political campaign. I realize you may not have been portrayed as you would have liked but it seems you did use the term frivolous.



Your attitude speaks to an underlying bias toward wholesale disenfranchisement of fellow citizens



I hope you realize your duty is to the law, Constitution, and fellow citizens, not SOS Blackwell and President Bush.

.





xxxxxxxxxxxxx

California voter

[dkofos]

53. I got a reply

Please be advised that we will conduct a recount, at the appropriate time.
The law provides a mechanism for the recount and certainly, that request
will be honored.

My comments spoke to a procedural question. We have received a request for
a recount prior to the election being certified by the Secretary of State.
I am meeting with our Prosecutor to determine if I can hold on to the check
or need to return the check until the appropriate time it may be requested.

Please understand that a recount is a reaffirmation of what we do in
conducting the official count. I have no problem whatsoever in doing
whatever is requested and will do whatever is requested by law. And, I have
never felt that any part of our election process is frivolous....

Respectfully,

Jan Clair, Director


Incompetance still pisses me off

:grr: :grr: :grr:

[mirandapriestly]

55. Looks like someone sent letters telling dems not to vote

in lake county which is Jan Clair's county.
http://www.wkyc.com/news/news_fullstory.asp?id=25556

[Old and In the Way]

57. Form letter....I got the same....

[smartvoter]

59. Got one too...

[Old and In the Way]

56. Here's a response I got today from MS. Clair

I sent a note based on this thread-

Please be advised that we will conduct a recount, at the appropriate time. The law provides a mechanism for the recount and certainly, that request will be honored.

My comments spoke to a procedural question. We have received a request for a recount prior to the election being certified by the Secretary of State. I am meeting with our Prosecutor to determine if I can hold on to the check or need to return the check until the appropriate time it may be requested.

Please understand that a recount is a reaffirmation of what we do in conducting the official count. I have no problem whatsoever in doing whatever is requested and will do whatever is requested by law. And, I have never felt that any part of our election process is frivolous....

Respectfully,

Jan Clair, Director

[jhgatiss]

60. Are you amazed that this woman is taking her time to e-mail people back?

She must not have enough to do. Maybe she should get to recounting!

[Verve]

62. O.K. Guys! Here is another Ohio official calling the re-count frivilous!

I'm looking for his personal email. Does anyone have it?
This is the only one I can find so far: [e-mail]
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=203x70706

[caligirl]

65. link to all OHIO BOE sites

http://www.electionohio.com/boe.asp
Allen county is in the north west corner, rural red.Still looking for Keith Cunninghams address.


Allen County Board of Elections
204 North Main Street
Lima, OH 45801

Office Hours: 8:30 a.m. - 4:30 p.m.
Phone: [phone]
Fax: [phone]

Office Name Party Term Expires
Director Keith Cunningham (R)
Deputy Director Ida Kay Keller (D)
Chairperson Richard E. Meredith (D) 2/29/2000
Member Keith A. Cheney (R) 2/29/2000
Member Beverly O. McCoy (D) 2/28/2002
Member Charles A. Rossfeld (R) 2/28/2002

Allen County Board of Elections does not currently subscribe to electionohio.com. For more information about electionohio.com, view our brochure or e-mail [e-mail].

[caligirl]

67. Email for Allen BOE commissioners

Email for Allen BOE commissioners



Allen County Courthouse
301 North Main Street
PO Box 1243
Lima, Ohio 45802
Phone: [phone]
Fax: [phone]
Email: [e-mail]

[pointsoflight]

61. Clair is apparently following the party line

Others are using the EXACT SAME wording.

"Counties are very upset," said Keith Cunningham, director of the Allen County Board of Elections and incoming president of the Ohio Association of Election Officials, who called the lawsuit "frivolous."

http://www.wcpo.com/news/2004/local/11/22/ohio_recount.html

[mdb]

64. Does she explain why she said this.?..

Their $10 a precinct falls far short of the full cost, Clair said.

[caligirl]

68. Officials say increased voter registration, Republican challenges of

http://www.wkyc.com/news/news_fullstory.asp?id=26045

POSTED: Monday, November 08, 2004 1:48:16 PM
UPDATED: Monday, November 08, 2004 1:48:41 PM

COLUMBUS -- Election boards are adding up costs for what was likely the most expensive election in state and federal history.

Cuyahoga County commissioners approved additional spending of $1.5 million to pay for election board overtime and other expenses.

In Allen County, the election board exceeded its half-million dollar budget by almost $150,000, hiring double the normal amount of part-time workers.

Officials say increased voter registration, Republican challenges of some voters ahead of time and several last-minute policy changes all contributed to the costs.

Keith Cunningham, incoming president of the state election board directors association, says the government didn’t provide enough money to cover new election requirements.