OH: Judge dismisses case over recount - Prohibition against suing states

[Wilms]

Wednesday, February 8, 2006

ELECTION 2004

U.S. judge dismisses case over recount
Prohibition against suing states cited

BLADE COLUMBUS BUREAU

COLUMBUS - More than a year after Ohio officially handed its 20 electoral votes and the national election to President Bush, a federal judge yesterday dismissed a lawsuit from candidates still waiting for their recount.

While U.S. District Court Judge James G. Carr in Toledo said Secretary of State Kenneth Blackwell's actions "arguably" conflicted with federal law, the judge dismissed the suit on the grounds that the U.S. Constitution, with rare exception, prohibits suits against states in federal court.

The judge found that, since Mr. Blackwell's directive limiting the recount timeline affected just one election more than a year old, the suit didn't meet one of the exceptions to the immunity rule.

A federally authorized state law requires that any recount for which the required fee has been posted must begin between 11 and 15 days after the voting.

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http://toledoblade.com/apps/pbcs.dll/article?AID=/20060208/NEWS02/602080464