Friday, February 25, 2005

Kerry/Edwards File More Ohio Election Motions

By WilliamPitt,

Kerry-Edwards 2004 has just made two filings in the Ohio recount case currently pending before Federal Judge Edmund Sargus in Columbus, Ohio.

Kerry-Edwards 2004 has been relatively quiet in this case for the past several weeks and its filings today indicate its continued interest and involvement in this litigation.

In December 2004, presidential candidates David Cobb and Michael Badnarik filed extensive documentation with the court demonstrating that the recount they had requested in Ohio of the 2004 presidential vote had been conducted with inconsistent standards throughout the state, in violation of the equal protection and due process guarantees under the US Constitution (see Bush v. Gore).

Cobb and Badnarik filed amended counterclaims seeking a new recount to be conducted with uniform standards, in accordance with the US Constitution. (As an example, 97% of the ballots have yet to be counted by hand in Ohio and, more than often, the 3% of the vote that each county counted by hand was not randomly selected, as required by Secretary of State J. Kenneth Blackwell's own guidelines) To access the amended counterclaims, see this document (Adobe required).

In addition, in December, Cobb and Badnarik filed a motion to preserve all ballots and machinery connected to the 2004 presidential election and to take limited expedited discovery to investigate the Triad voting machine company's tampering with the recount. To access the memorandum in support of this motion, see this document (Adobe required).

The amended counterclaims and these motions are pending before Judge Sargus.

On February 11, 2005, Cobb and Badnarik filed a motion for a hearing before Judge Sargus on these pending matters.

On February 14, Judge Sargus issued an order granting the motion to dismiss the Delaware County Board of Elections' complaint (which had sought to prevent the recount in that county) and asking for briefing in 15 days on the question of whether the case should be transferred to Judge Carr in Toledo (for the Northern District of Ohio) where a prior case seeking to expedite the recount had been filed in November 2004.

Yesterday, Cobb and Badnarik filed a statement on the transfer question.

Today, Kerry-Edwards filed a document in support of that statement. Most significant, Kerry-Edwards also filed today a separate document in support of the motion for hearing with two critical attachments: 1) a declaration from Kerry-Edwards attorney Don McTigue regarding a survey he conducted of Kerry-Edwards county recount coordinators; 2) a summary chart of the results of that survey (which highlight the inconsistent standards applied during the recount).

The five documents filed by Kerry/Edwards are here, here, here, here, and here. Adobe is required for all of them.

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