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searchingforsanity
http://story.news.yahoo.com/news?tmpl=stor..._vote_challenge
QUOTE
Lawsuit Over Ohio Voting Dropped

22 minutes ago 

By ANDREW WELSH-HUGGINS, Associated Press Writer

COLUMBUS, Ohio - Three dozen voters challenging the presidential election results in the Ohio Supreme Court asked to drop their lawsuit Tuesday, saying it is moot with last week's certification of the electoral vote and the upcoming inauguration.

Citing fraud, lawyers representing 37 voters on Nov. 2 had asked the court to examine several problems with voting procedures in the hopes of overturning President Bush (news - web sites)'s victory in the state.

The election turned on Ohio's 20 electoral college votes, and not until preliminary results were available early on the morning of Nov. 3 did Democratic presidential candidate John Kerry (news - web sites) concede.

Chief Justice Thomas Moyer of the state Supreme Court must still rule on the motion to dismiss the case, and is expected to go along with the request

In a ruling last month declining a request that he remove himself from the case, Moyer, a Republican, called voters' evidence "woefully inadequate."

Without giving specifics, attorney Cliff Arnebeck said challenges of the results would continue in state or federal courts. But he conceded that there was nothing available now to try to prevent Bush's inauguration.

"We are not quitting. We are going on to any other forum that's available and we intend to pursue those avenues aggressively," Arnebeck said.


The Bush campaign welcomed the announcement.

"This lawsuit was going be dismissed by the Supreme Court because it has no merit — it looks like the people who filed it understood that," said Mark Weaver, an attorney representing the Bush campaign.

Bush defeated Kerry by about 118,000 votes, according to a recount of the official results paid for by two independent party candidates.

In their lawsuit, voters pointed to long lines, a shortage of voting machines in predominantly minority neighborhoods and problems with computer equipment.

The Rev. Jesse Jackson (news - web sites) backed the lawsuit, alleging what he called "high-tech vote stealing" and holding rallies in Ohio and Washington in support of the effort.

In a quadrennial joint session, the House and Senate on Thursday tallied the electoral votes and affirmed Bush's victory over Sen. John Kerry, D-Mass.

But before the final verdict was in, some Democrats angry over the Ohio irregularities forced a challenge to the vote count for just the second time since the 19th century — a protest that prompted strong language from both sides.



How strange!
Kjustme061
It truly saddens me that there is no hope for the Country when it comes to this. Everyone knows there were problems, but we'll just ignore it. I don't think we'll have nearly as many voters in 2008....what's the point?
searchingforsanity
Check out this DU thread:

http://www.democraticunderground.com/discu...id=277755&page=

QUOTE
Andy_Stephenson  (1000+ posts)      Tue Jan-11-05 01:14 PM
Response to Original message

7. It is true everyone...they are dropping this lawsuit.


but something else is waiting in the wings.

There was no remedy available now. Look for the press release a bit later today.




http://pittsburghlive.com/x/tribune-review...l/s_291305.html

(scroll down)

QUOTE
Region
State to probe voting machines

The Pennsylvania Department of State will open an examination of electronic voting system problems that plagued balloting in three counties and led to the resignation of an election director, agency officials said.

Voters using the new machines in Mercer, Greene and Beaver counties on Nov. 2 complained that their votes were voided when they tried to review their choices, which led to long lines at some balloting locations.

Eight counties used the same machines made by UniLect, based in Dublin, Calif., but the voting difficulties were limited to the three counties in Western Pennsylvania.

Misprogrammed electronic voting machines malfunctioned in 4th Congressional District precincts in Shenango Township, West Middlesex, Wheatland, Farrell and Hermitage.



Really want to know what's going on.
luaptifer
i suspect it has to do with the technical legal basis on which the original filings were made. the admin lawyer can spin any way he wants 'without merit' since it's to be dropped. but i'd be sure that there's an underlying legal issue that produced the change in approach.

a somewhat related note, andy started an interesting thread yesterday that seems to indicate an internet-connected voting machine:

http://www.democraticunderground.com/discu...=203x275726#top

perhaps this is part of the new approach?
rox63
This is not the case that Kerry joined. That one was filed by the Greens and Libertarians, and will be heard in a federal court, by a judge appointed by Clinton.
rayray222
QUOTE(rox63 @ Jan 11 2005, 03:03 PM)
This is not the case that Kerry joined. That one was filed by the Greens and Libertarians, and will be heard in a federal court, by a judge appointed by Clinton.
*


Thank you.
Cutting_through_the_lies
QUOTE(searchingforsanity @ Jan 11 2005, 01:39 PM)



Well, I think I SAID THAT, didn't I, after it happened?

No, it's not strange.
tomhye
Nothing strange about the case being dropped, the remedy it asked for is illegal and unconstitutional after certification (Jan 6), in other words what it was asking for is no longer possible.
alffee
Is anyone else out there having trouble dealing with this new reality we've stepped into, a reality where the media is controlled by six companies who spoon-feed our news to support their own agendas, a reality where the truth becomes more obscured every day? Is anyone out there depressed like I am, wondering who is going to fight for justice in this Diebold-infested ripoff of an election? blink.gif It's damned frightening, that's what it is. There should be multitudes of investigations going on now, which might make me feel better, but I don't watch much TV any more since the election. I feel like an American who's been gutted, lost all hope, my rights abandoned to the corporate takeover. Alas, we are the real America, the "silent" majority who know in their hearts that Kerry won.
Mourning in Florida! unsure.gif
edowling
QUOTE(luaptifer @ Jan 11 2005, 01:20 PM)
i suspect it has to do with the technical legal basis on which the original filings were made.  the admin lawyer can spin any way he wants 'without merit' since it's to be dropped. but i'd be sure that there's an underlying legal issue that produced the change in approach.

a somewhat related note, andy started an interesting thread yesterday that seems to indicate an internet-connected voting machine:

http://www.democraticunderground.com/discu...=203x275726#top

perhaps this is part of the new approach?
*


This is probably true; the lawsuit might have been worded incorrectly in some way, or worded to prevent the inauguration. However, where are all those thousands of lawyers? Can't somebody come up with the wording that would make this a real case? Somebody with contract attorney experience? I heard this on NPR today, and didn't believe it. (If the Supreme Court says the case has no merit, then they must state why the right to vote has no merit, and that will go into history books. For that reason alone, it needs to be heard by the Supreme Court: bias as in the Dred Scott case tends to be overturned eventually.) The case was much more than just for those 37 people; it was for all of us in Ohio and across America, which ought to be a Federal case not a state or local case. My own neighborhood in Ohio had over 6 percent spoiled ballots (punch cards), and that doesn't count the vote tabulators. They better come up with something; but in the meantime I think that there needs to be many more cases documented than just 37. For example, if my precinct had about 500 voters, and 6 percent were spoiled, then there ought to be about 30 complaints, or at least, similar to the "unknown soldier," representative complaints, from my small precinct alone. mad.gif mad.gif mad.gif
elninophen
I don't see why the inauguration is such a big deal. The Republicans went on with Clinton's impeachment well after he was in office. It might be tough that Democrats do not have a majority on the floor or in the house, but that could all change after the congressional and senate elections in 2006. As long as we all remain united and the dirt digging goes on, things might get quite interesting in a year or so. Let's not look at the inauguration as the end, but as an opportunity for new beginnings and becoming a stronger opposition.
demo
QUOTE(searchingforsanity @ Jan 11 2005, 12:39 PM)



Update on Brad Blog

http://www.bradblog.com/archives/00001119.htm

UPDATE: A report via a Yahoo Newsgroup on this issue reports that Susan Truitt, one of the attorney plaintiffs who brought the case, has said the decision to drop the case was based on a number of issues (which the AP story interestingly failed to mention). Amongst them, the report says they plan instead to file a Federal civil lawsuit in U.S. District Court, alleging civil rights violations and election fraud. That, instead of the Ohio action, which, they plaintiffs had come to discover, was being heard by the Republican Ohio Supreme Court Justice who had shown a lack of impartiality in the case (e.g. He refused to recuse himself from it, despite being a a candidate on the ballot in question).

The point seems to have some merit, especially since the original hope they had of overturning the election in Ohio is essentially a Constitutional impossibility once the Electors have been ratified by Congress as they were on January 6th.

The post, from a usual reliable source, also says that Truitt "was concerned the biased, Republican-dominated Ohio Supreme Court would assess huge fines and penalties against the plaintiffs/attorneys filing the suit, in order to attempt to "deter" any further legal action." And concludes with, "Susan is working hard toward the federal civil action which will be filed very soon."

We'll be watching...
anderson_perry
it is what it is....

let's make the most of it.

who knows, maybe its for the best right now as we can take comfort in one thing, at least the good times and the bad times can be predicted with a fair degree of accuracy however i would challenge bush to have a much better 2nd term compared to his first.... that's if he wants to be remembered as a president that did everything that he could do to make the world a better place....

god bless america

- perry
Dichotomy
QUOTE(searchingforsanity @ Jan 11 2005, 01:39 PM)
The Bush campaign welcomed the announcement.

"This lawsuit was going be dismissed by the Supreme Court because it has no merit — it looks like the people who filed it understood that," said Mark Weaver, an attorney representing the Bush campaign.

Well, the Bush administration has eviscerated the barriers between the judicial, legislative and executive branches of government, so the Bush campaign should know what the outcome of the lawsuit would have been.
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