MY Letter:
I AM WRITING IN REGARDS TO THE NOV 8 DISPATCH ARTICLE IN WHICH FRANKLIN COUNTY BOE OFFICIALS CLAIM THAT A LATE DATE FOR DROPPING OUT OF A RACE WAS TO BLAME IN THE BALLOT ERROR THAT OCCURRED IN THE FRANKLIN COUNTY MUNICIPAL COURT RACE. IN THE ARTICLE IT IS STATED THAT JAY PEREZ DROPPED OUT ON SEPT 28, 2007. THERE IS PRECEDENT THAT A NAME REMOVAL WAS ORDERED AT A LATER DATE. SOS KEN BLACKWELL ORDERED THE REMOVAL OF NADER/CAMEJO ON SEPT 29, 2004 IN LUCAS COUNTY (I HAVE LINKED TO THE 2005 SOS INVESTIGATION OF LUCAS COUNTY BOE -NO LONGER AVAILABLE AT THE OHIO SOS WEBSITE). THIS IS AN INEXCUSABLE ERROR THAT MAY HAVE COST A CANDIDATE A RACE. PLS INVESTIGATE AND SEE IF THERE WAS WRONG DOING INVOLVED.
THANK YOU.
XXXX
XXXXXX, OH
LOSS IN MUNICIPAL COURT RACE
Democrats miffed over name on ballot
Thursday, November 08, 2007
BARBARA CARMEN AND BRUCE CADWALLADER
THE COLUMBUS DISPATCH
When Jay G. Perez went to cast his ballot Tuesday, he said he was shocked to see that Patsy Thomas, his party’s endorsed judicial candidate, had a Democratic challenger: himself.
Perez had bowed out of the Franklin County Municipal Court race on Sept. 28 to clear the way for Thomas.
Yesterday, Democrats questioned why the Franklin County Board of Elections failed to remove Perez from the computerized, touchscreen ballots — an omission they think handed Republican David Tyack a win.
Perez, who didn’t campaign because he didn’t know he was running, netted 7 percent of the vote for Franklin County Municipal Court judge. Thomas lost to Tyack by about 5 percent.
-snip
William A. Anthony Jr., chairman of the Franklin County Democratic Party, said he’d tried to get Perez to pull out earlier. But he doesn’t blame Perez for ending up on the ballot. "The timing was bad," Anthony said. But Perez is upset. He didn’t want to hurt Thomas or voters. "What’s so sad," he said, "is that the citizens who voted for Jay Perez, their vote didn’t count."
http://wwwphp.dispatch.com/news-story.php?story=dispatch/2007/11/08/20071108-B1-02.htmlPRECEDENT FROM 2004 FOR REMOVING NAMES FROM THE BALLOT:
Removal of Nader and Camejo From Ballot
On September 29, 2004, J. Kenneth Blackwell, Secretary of State, issued Directive 2004-
37 to all Boards of Elections. (Exhibit J) That directive stated: “Consistent with my
Order below rendered yesterday, you are to remove Nader/Camejo from the ballot
immediately. You will receive more detailed instructions by the close of business today.”
Later that same day, you issued Directive 2004-38 to all boards of elections. (Exhibit K)
This directive, in relevant part, stated, “Boards of elections shall remove the names of
these joint candidates for president and vice president
from the
ballot to the extent practicable in the time remaining before the election and according to
the instructions below.” The directive continued by saying,
A board of elections shall do one of the following:
(1) Reprint the ballots without the names of these joint
candidates for president and vice president.
(2) Remove these names from existing ballots by use of
stickers or other method adopted by the board as in the case
of a withdrawn candidate.
(3) Post a notice in each precinct where the candidates’
names remain on the ballot informing voters that any vote
cast for these two candidates will not be counted, if the
board determines it is not feasible to remove the two names
from the ballots.
Directive 2004-38 states that, “In determining which method to use, a board of elections
shall consider all of the following factors: (a) The type of voting system used by the
county; (b) The number of precincts and number of ballots, including absentee ballots yet
to be distributed; and, (c) The time remaining before election day.”
Because the Lucas County Board of Elections used an optical scan voting system in the
2004 general election, the second option given to Boards for handling the removal of
Nader and Camejo from the ballot was not feasible. Optical scan tabulating equipment
will not read ballots with stickers affixed to them. Ballots with stickers affixed to them
will jam optical scanners. Therefore, the Lucas County Board of Elections had only two
options available to them. They could have either re-printed their ballots or they could
have posted notices in precincts where the candidates’ names appeared on the ballots. On
the day these directives were disseminated to the Boards, September 29, 2004, Dayton
Legal Blank, Inc. was in the midst of printing Lucas County’s ballots. When word was
received that Nader and Camejo were to be removed from the ballot, Dayton Legal
Blank, Inc. had already printed approximately 96,000 ballots for Lucas County, some of
which were absentee voter ballots and some of which were precinct ballots.
On September 30, 2004, the Board met in special session to consider and discuss
Directive 2004-38. In this meeting, Ms. Ross moved that the Board direct Dayton Legal
Blank, Inc. to stop printing its ballots until the Board could obtain additional information
on the matter. The motion was seconded by Mr. Thurber and passed 4-0. (Exhibit L)
The next day, October 1, 2004, the Board again met in special session. In this meeting,
three motions were made and passed in regard to the Nader/Camejo issue. First, Ms.
Ross moved that the Board produce ballots on demand for all military and overseas
voters without Nader and Camejo appearing on them. The motion was seconded by Mr.
Thurber and passed 4-0. Then, Mr. Ross moved that, of the 96,000 ballots that Dayton
Legal Blank, Inc. had already printed with Nader and Camejo appearing on them, the
Board should only accept delivery of those that were absentee voter ballots (which
comprised approximately 13,360 ballots) and, further, that these absentee voter ballots
would only be used on the conditions that Nader’s and Camejo’s names be crossed out in
red, a bright-colored notice be sent with every absentee voter ballot warning that a vote
cast for Nader and Camejo would not be counted and, finally, that a similar warning
sticker be placed on every identification envelope. The motion was seconded by Mr.
Thurber and passed 4-0. Ms. Brown then offered the last motion on this matter. She
moved that the Board instruct Dayton Legal Blank, Inc. to re-print all precinct ballots
bearing Nader’s and Camejo’s names that were part of the initial 96,000 ballots already
printed and that all future ballots to be printed should also have Nader’s and Camejo’s
names removed. The motion was seconded by Mr. Thurber and passed 4-0. (Exhibit M)
Thus, rather than comply with directive as given, the Board chose to pursue a “hybrid”
strategy in regard to the Nader and Camejo dilemma.
pgs 12-13
2005 Lucas County BOE Investigation
found at:
http://www.solarbus.org/election/docs/lucas.pdf
Current Ohio Voting Systems by County
http://www.sos.state.oh.us/sos/info/everest.aspx
At the time I was told by someone at the Franklin Co Dem Party that after certification, a suit would be filed. I later found out the Democrat who lost, Patsy Thomas was given a promotion at AG Marc Dann's office and NO SUIT would be filed.