QUOTE
Judge denies third-party candidates' vote recount request
TOLEDO, Ohio -- A federal judge on Tuesday denied a request by third-party presidential candidates who wanted to force a recount of Ohio ballots even before the official count was finished.
U.S. District Judge James G. Carr in Toledo ruled that the candidates have a right under Ohio law to a recount, but they have not shown "that they will be harmed irreparably if the recount is not completed by the time Ohio's electors to the Electoral College must be certified."
The judge said Green Party presidential candidate David Cobb and Libertarian presidential candidate Michael Badnarik could not credibly claim that they did or could garner enough votes to have Ohio's presidential electors cast their votes for them.
The two third-party candidates received a combined 0.26 percent of the vote in unofficial results. They contend a re-count is necessary to ensure accuracy.
Carr wrote that he saw no reason to interfere with the final stages of Ohio's 2004 electoral process.
The lawsuit had asked Carr to issue a temporary restraining order and a preliminary injunction requiring Ohio Secretary of State Kenneth Blackwell to immediately begin statewide recount of Nov. 2 voting results. It also asked that Blackwell ensure that the re-count be completed by Dec. 7, the date that Ohio's electors will be certified for the electoral college.
TOLEDO, Ohio -- A federal judge on Tuesday denied a request by third-party presidential candidates who wanted to force a recount of Ohio ballots even before the official count was finished.
U.S. District Judge James G. Carr in Toledo ruled that the candidates have a right under Ohio law to a recount, but they have not shown "that they will be harmed irreparably if the recount is not completed by the time Ohio's electors to the Electoral College must be certified."
The judge said Green Party presidential candidate David Cobb and Libertarian presidential candidate Michael Badnarik could not credibly claim that they did or could garner enough votes to have Ohio's presidential electors cast their votes for them.
The two third-party candidates received a combined 0.26 percent of the vote in unofficial results. They contend a re-count is necessary to ensure accuracy.
Carr wrote that he saw no reason to interfere with the final stages of Ohio's 2004 electoral process.
The lawsuit had asked Carr to issue a temporary restraining order and a preliminary injunction requiring Ohio Secretary of State Kenneth Blackwell to immediately begin statewide recount of Nov. 2 voting results. It also asked that Blackwell ensure that the re-count be completed by Dec. 7, the date that Ohio's electors will be certified for the electoral college.