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Ohio Presidential Results to be Challenged

Posted: Sun Nov 21, 2004 6:24 am
by Mike Hunte
(not just recounted)



http://www.freepress.org/departments/di ... 9/2004/899


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.

The ‘Ohio Honest Election Campaign' is a coalition of public-interest groups and citizens interested in free and fair elections. The three lawyers announcing the challenge are associated with a variety of established groups. Arnebeck is the counsel for Common Cause’s Ohio chapter and The Alliance for Democracy. Attorney Susan Truitt is with Citizens Alliance for Secure Elections-Ohio, www.caseohio.org. The boards of groups have not yet formally endorsed the election challenge but are expected to do so in coming days.

The Honest Election campaign is part of a populist groundswell to safeguard voting rights. The 2004 campaign saw the most new voters in a generation. Even though Kerry conceded on Nov. 3, many people were not satisfied with national media explanations of the Ohio vote. Scientifically designed nonpartisan exit polls taken during the day showed a different result from the result reported that night, when George W. Bush was declared the victor.

Moreover, on Election Day there were long lines and widespread accounts of people who did not get to vote in urban Democratic-leaning precincts across the state. These factors and other reports of voter frustration, computerized voting miscounts and still-changing provisional ballot counting rules left many doubts about the unofficial vote count and George W. Bush’s 130,000 vote margin.

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.

Meanwhile, FreePress.org’s Bob Fitrakis inspired Amy Kaplan and Jonathan Meier, two young members of the League of Pissed-Off Voters’ Ohio chapter (www.indyvoter.org) to organize public hearings to gather testimony under oath of the people who saw or experienced what they thought was voter suppression or intimidation. Such intentional acts would violate the federal Voting Rights Act. Two hearings were held in Columbus and hundreds of people showed up and testified. Then activists in Cincinnati and Cleveland organized hearings.

At these hearings, scores of people said too few voting machines were put in Democratic-leaning inner-city precincts, creating long lines and deterring many people from voting. In contrast, Republican-leaning suburbs had plenty of voting machines and did not have the long lines. There were also reports of miscounts by computer voting machines, as well as errors registering the wrong candidate for president. Minority voters also spoke of disproportionately getting provisional ballots, including long-time residents.

Early in the weeks those hearings were being held, the Green and Libertarian Parties announced they would seek a statewide recount. By week’s end, the Honest Election Campaign announced its intention to challenge presidential election result at the Ohio Supreme Court.

Others lawsuits may be announced next week, Arnebeck said, because there is limited time to hold a meaningful recount and to address election irregularities before the Electoral College meets in December.

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Posted: Wed Nov 24, 2004 11:33 am
by lukpac
Ohio judge denies recount request
Action must wait until after final tally complete


TOLEDO, Ohio (AP) -- A federal judge denied a request by third-party presidential candidates who wanted to force a recount of Ohio ballots even before the official count was finished.

Judge James G. Carr in Toledo ruled Tuesday that the candidates have a right under Ohio law to a recount, but said it can wait. The judge wrote that he saw no reason to interfere with the final stages of Ohio's electoral process. Officials have said the results will be certified by December 6.

The lawsuit by Green Party presidential candidate David Cobb and Libertarian candidate Michael Badnarik had asked Carr to issue an order requiring Ohio Secretary of State Kenneth Blackwell to immediately begin a statewide recount of November 2 voting results.

The candidates received a combined 0.26 percent of the vote in unofficial results. But they contend a recount is necessary to ensure accuracy.

President Bush led Democrat John Kerry by 136,000 votes in the unofficial count, and Kerry conceded that there were not enough provisional ballots to change the outcome. But Kerry supporters have made numerous claims of voting irregularities in Ohio.

The two candidates have said they raised more than $150,000 to cover the state's fee for a recount. Ohio law requires payment of $10 per precinct, or $113,600 statewide, but election officials say the true expense would be far greater.

Copyright 2004 The Associated Press. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed.

Posted: Mon Nov 29, 2004 11:46 pm
by lukpac
Activists continue to challenge Ohio ballots

COLUMBUS, Ohio (AP) -- Nearly a month after John Kerry conceded Ohio to President Bush, complaints and challenges about the balloting are mounting as activists including the Rev. Jesse Jackson demand closer scrutiny to ensure the votes are being counted on the up-and-up.

Jackson has been holding rallies in Ohio in recent days to draw attention to the vote, and another critic plans to ask the state Supreme Court this week to decide the validity of the election.

Ohio essentially decided the outcome of the presidential race, with Kerry giving up after unofficial results showed Bush with a 136,000-vote lead in the state.

Since then, there have been demands for a recount and complaints about uncounted punch-card votes, disqualified provisional ballots and a ballot-machine error that gave hundreds of extra votes to Bush.

Jackson said too many questions have been raised to let the vote stand without closer examination.

"We can live with winning and losing. We cannot live with fraud and stealing," Jackson said Sunday at Mount Hermon Baptist Church.

An attorney for a political advocacy group on Wednesday plans to file a "contest of election." The request requires a single Supreme Court justice to either let the election stand, declare another winner or throw the whole thing out. The loser can appeal to the full seven-member court, which is dominated by Republicans 5-2.

Jackson said he agreed with the court filing planned by lawyer Cliff Arnebeck, who has represented the Boston-based Alliance for Democracy in other cases.

"The integrity of our election process is on trial," Jackson said Monday in Cincinnati.

Elections officials concede some mistakes were made but no more than most elections.

"There are no signs of widespread irregularities," said Carlo LoParo, a spokesman for Secretary of State Kenneth Blackwell.

Blackwell, a Republican, has until December 6 to certify the vote. The Green and Libertarian parties are raising money to pay for a recount that would be held once the results are certified.

Other critics have seized on an error in an electronic voting system that gave Bush 3,893 extra votes in a suburban Columbus precinct where only 638 people voted. The extra votes are part of the current unofficial tally, but they will not be included in the official count that will be certified by the secretary of state.

Some groups also have complained about thousands of punch-card ballots that were not counted because officials in the 68 counties that use them could not determine a vote for president. Votes for other offices on the cards were counted.

Jackson said Blackwell, who along with other statewide GOP leaders was a co-chairman of Bush's re-election campaign in Ohio, should step down from overseeing the election process.

"You can't be chairman of the Bush campaign and then be the chief umpire in the seventh game of the World Series," Jackson said.

Blackwell's office responded by saying the state has a "bipartisan and transparent system that provides valuable checks and balances."

"The problem seems to be that Rev. Jackson's candidate didn't win," said Carlo LoParo, a Blackwell spokesman.
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Copyright 2004 The Associated Press. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed.