Ohio

[MelissaB]

Petro drops appeal of election lawsuit

Thursday, February 02, 2006
Bill Sloat
Plain Dealer Reporter

Cincinnati - A federal court dismissed a lawsuit left over from foulups in Ohio on Election Day 2004 in a ruling that came after Attorney General Jim Petro's office missed a deadline for filing its written legal brief.

Petro's office sought this week's dismissal order from the 6th Circuit U.S. Court of Appeals, ending further conflict with Ohio Democratic Party lawyers, who already had asked that the case be tossed because the paperwork came in late.

"They filed their brief late, then they withdrew their appeal," said Kathleen Trafford, a Democratic lawyer. "We had been having some discussions to bring this to an end."

Mark Anthony, a spokesman for the attorney general's office, said he did not know why Petro moved to have the case dismissed. "I can't get into the status of the case right now," Anthony said.

The dismissal means that a lower court's decision to grant an emergency order on Nov. 2, 2004, stands. That order, sought by Democrats, kept polls open past closing time due to long lines in Franklin and Knox counties.

...snip

In its litigation against the Democrats, Petro's office said "the refusal of the state of Ohio . . . to provide paper ballots or 'adequate voting machines'. . . does not violate the right to vote of any person as secured by the United States Constitution."


More: http://www.cleveland.com/news/plaindealer/index.ssf?/base/news/1138873474253690.xml&coll=2

[boston bean]

1. So the polls are still open?? nt

[FogerRox]

2. if they are open-- can ohioians still vote 4 Kerry----- KN R TO the top

[autorank]

3. Can anyone say B A N A N A R E P U B L I C

What a joke. If the powers that be in Ohio think that they can let this level of massive corruption continue indefinitely, they have to be kidding themselves. Ohio has been reduced to a Republican feudal duchy. It is truly pathetic. Nobody will stand up to the crooks except Common Cause, the Greens, the Libertarians and the Ohio activists like Fitrakis. Why is this? Does the rest of Ohio think nobody notices that the state is a cesspool of corruption: single digit approval for Taft; Petro in all sorts of trouble; Blackwell the most biased, undemocratic Secretary of State ever, rivaling Boss Tweed in election integrity ratings.

Buckeyes, please, take your state back.

[mod mom]

8. Autorank, you know we're trying but our own party isn't helping that much.

I read a post yesterday here on DU that said the Germans weren't able to defeat the Nazi's by themselves. The same is true not only for Ohio but the entire country. We need help.

[autorank]

12. I know and it makes me very sad and upset. It's such a great place.

I'm stunned that the business community there hasn't figured out that it's got so much to lose with things as they are. Just amazing.

Ohio needs the same help other states get when they're in troubhe, Federal assistance and soon.

Need a new Federal government but, wtf, lets make it happen. Nothing at all against Ohio, just the crew that took over and won't give up gracefully.

[Wilms]

4. This whole episode is harder to understand than the exit poll debate.

I wish someone who has a handle on it would check-in.

[minvis]

10. It was a ploy to say they had enough voting machines

This was the Attorney General's argument.

"But state lawyers said a live controversy remained because Ohio uses a ratio of one voting machine for every 200 registered voters. By arguing that the ratio was in force during the Bush-Kerry contest, they were angling for a judgment declaring Ohio's election practices did not conflict with federal law. Such a judgment could set a precedent if a similar dispute over access to voting machines arises in the future."

I guess they were arguing that Bush precincts having a machine for every 50 registered voters and Kerry districts have a machine for every 300-400 registered voters makes it fair.

What a bunch of crap!!!

[Wilms]

11. Thanks for helping me understand a little better. n/t

[fiddlestix]

5. Somebody get the new Repug House leader on the phone...

Hello? Representative Bonerrrre?

[JeffR]

6. Kick

You should cross-post this to GDP.
:kick:

[Time for change]

7. That's wonderful

So the lawsuit claimed that Ohioans have the right to vote BUT

They don't have the right to have their votes COUNTED by "adequate voting machines".

Am I reading that right?

Isn't Democracy wonderful?

[Wilms]

9. Determined to show vote was fair, Ohio kept up court fight; it's over

Determined to show vote was fair, Ohio kept up court fight; it's over

BY JOHN MCCARTHY | THE ASSOCIATED PRESS

COLUMBUS - The state has dropped its appeal of a lawsuit originally filed by Democrats to alleviate long voting lines in the 2004 presidential election.

The state had tried to keep the lawsuit going to try to prove Ohio conducted a legal election.

The case, dismissed Monday at the state's request, was brought by the Ohio Democratic Party against Secretary of State Kenneth Blackwell, a Republican, and two county boards of election on Election Day. The party sought to alleviate long lines in two counties.

snip

Two lawsuits still are pending from the 2004 election in Ohio, whose 20 electoral votes gave President Bush the margin he needed to win.

At the Democrats' request, U.S. District Judge Algenon Marbley had ordered Blackwell's office and the Knox and Franklin county officials to provide alternative methods of voting the night of the election.

snip

http://toledoblade.com/apps/pbcs.dll/article?AID=/20060202/NEWS09/602020378/-1/NEWS