OHIO JUDGE GRANTS A TRO AGAINST THE GREENS RECOUNT EFFORT.

[spotbird]

*skip*

County Prosecutor David Yost, the board's legal adviser, said he was pleased that Common Pleas Judge W. Duncan Whitney granted the temporary order. The board is seeking a permanent injunction to quash the recount request . . .

In the Delaware County case, the elections board wants to block a recount both before and after certification.

"To ask taxpayers to fund someone's political hobbyhorse when there's no possible chance of a different outcome seems to be an utter waste," Yost said. "There's better uses for that money in Delaware County and, I suspect, in other places around the state."

*more*

https://shop.dispatch.com/signin.asp?page=www.dispatch.com/news-story.php<q>story=dispatch/2004/11/24/20041124-B7-03.html&msg=1®type=1

I always thought it was a little naive to believe that the recount would be permitted.

[New Earth]

1. what the FUCK

ok i think i'm done with all of this.

[txindy]

2. It's a TRO until Ohio has certified its vote

Then the recount can begin. Nothing new. Nothing lost.

[Straight Shooter]

7. Yes, true, but ...

It's the attitude that grates on one's sensibilities. He doesn't have to respond with that condescending, patronizing, dismissive air of "you're not important and your concerns are trivial."

I've had enough of that.

Anyone got this guy's email addy?

[spotbird]

11. This reads to me like the relief sought is pre and post certification.

I wouldn't bet the farm that the recount will happen.

[righteous1]

28. You are right

This is a temporary restraining order for any recount activities pre or post certification, County is attempting to make it PRO

[Eloriel]

48. Would you fix your LINK, please? n/t

[LSparkle]

3. Where are Kerry's lawyers?

The Glibs have done the heavy lifting long enough -- it's time for Kerry's people to step up and fight for this, and use some of that remaining campaign fund if necessary. Every person who voted for him DESERVES to know the real outcome in Ohio, even if it still doesn't make him president.

[Nikepallas]

4. 2000 all over again. 1 court will stop it one will have it go forward

I hate to say it but we will see it in the supreme court again.

[Straight Shooter]

5. Who is Yost to declare there's no possible chance at a different outcome?

Really, who died and made him King?

Political hobbyhorse, indeed. Better than the political pogostick that we've been riding lately.

[MrUnderhill]

12. I think it's based on the idea that the plaintif can't possibly win.

There's obviously no possible outcome that will give one of the third party candidates the state's electoral votes.

[jsamuel]

41. That is not what state law says.

[life_long_dem]

43. Political pogostick. That's very funny.

It is my understanding that if the margin of victory was .25% or less there would be an automatic recount, if not, any candidate on the ballot can get a recount as long as they pay for it, different outcome or not.

[meisje]

6. A recount won't be granted to the Greens - they have no chance

Kerry would have to ask and I think you already know what his response would be.

[JDStutts]

49. Why doesn't Kerry ask for a recount?

52 million - 1.5 million for a recount = enough money for 30 more recounts. WTF is going on?

[rabid_nerd]

8. Get one Kerry ELECTOR

THEY ARE CANDIDATES TOO

and have the STANDING that Cobb and Badnarik do not that is being used against them.

[geo]

51. awesome idea!!

We are selecting the electors!! Sharp. - G

[seito]

9. The law?

Aren't the procedures for a recount request stated clearly within the Ohio State law?

Any candidate may request a recount once the vote has been certified.

[bunny planet]

21. Yes!!!!!!!! It's the law, time for the 17K lawyers to speak up!!!!!!

[tridim]

24. Yes. They're trying to break the law

And if they succeed, they should be arrested. Period.

[MrUnderhill]

27. The law says they can REQUEST it... we have yet to determine

whether anyone has the ability to to aprove/decline the request.

But I guess we'll know pretty soon.

[truehawk]

39. Here we go with the appeals.

[ParanoidPat]

40. Was that a subtle attempt at humor.......

.......or are you serious? :shrug: :evilgrin:

I would give anything to be in the courtroom when someone tried to get a judge to buy that argument!

"But your Honor, the law under which the plaintiff is seeking relief doesn't specifically say we have to honor it! :crazy:

OHIO CODE, See Title XXXV Elections

[AndrewClarke]

44. The law says they can REQUEST it . . .

Ohio Revised Code §3515.03 states in relevant part:

"Upon the filing of an application . . . the board shall promptly fix the time, method, and the place at which the recount will be made, which time shall be not later than ten days after the day upon which such application is filed. . . ."

In other words, they have to honor a request for a recount.

[MrUnderhill]

45. But it doesn't have to be a HAND recount?

[coreystone]

10. Yost doesn't seem to understand the Democratic Process..

very well. Perhaps, we should develop a fund for David's remedial "High School Civics" course; he obviously didn't perform very well the first time around!!

:dunce:

[New Earth]

13. in a fit of anger i just wrote another email to John Kerry

Not that he'll read it or anything, but it made me feel better. This is what I wrote, i kind of went crazy: To John Kerry:

PLEASE listen.

THIS LOOKS LIKE YOUR LAST CHANCE TO DO ANYTHING ABOUT THIS ELECTION. YOU KNOW THAT YOU WON AND THAT IT HAS BEEN STOLEN FROM YOU RIGHT IN FRONT OF YOUR FACE.

YOUR SUPPORTERS ARE DWINDLING BECAUSE THEY BELIEVE YOU ARE NOT FIGHTING FOR THEM. IF YOU DON'T TAKE ACTION NOW, THIS WEEK, YOU CAN FORGET EVER BEING ELECTED PRESIDENT. i'm not trying to sound mean, you have no idea how much i care. Even those who have held onto their faith and hope (like the 'I Believe' page that i sent you) are beginning to slip.

I am seeing way too many of your supporters saying that they will do what it takes to make sure you are not the Democratic Candidate for 2008. If you ever wanted to be President, I think this is your only chance. So you better do something about it, SOON. WHAT DO YOU HAVE TO LOSE? I miss you!

[Mirwib]

53. I do not understand Kerry either

Recently, I read an article (Washington Post Article) that said Kerry was gearing up for the 2008 election. I cannot believe that he thinks he will be given another chance. Nixon (1960 & 1968) and Adlai Stephenson (1952 & 1956) were given second chances but that seems like a different political era.

If Kerry ever wants to be president, this is his election to win or lose.

[CementDude]

14. Sigh, I've been saying this...

(But I've been yelled at for saying it)

Because it's the Glibs asking for the recount, the request carries less weight and legitimacy than if Kerry/Edwards had asked. Because the Glibs lost by less than .5% of the vote, the counties BOEs can argue that the request is frivolous - a waste of time, personnel and resources ($$).

They can argue that a recount will not change the results, in favor of the GLIBS. However, if Kerry/Edwards were asking - they could make a very good argument that the race is close enough to warrant a detailed examination of all the spoiled ballots, the provisional criteria, and other irregularities that shaved off a few votes here or there.

This Temporary Restraining Order prevents (temporarily, upon a hearing where a Permanent Restraining Order may be issued) a recount from happening, before OR after the count is finalized. There will be a hearing, each side will make their case.. and you know what's gonna happen next?

Enjoy the Thanksgiving weekend. The judge will sit on it for a hearing next week. Then he/she will take it into the next week for a decision. The Restraining Order will be granted, and there will be no recount for the Glibs.

I know - go ahead and yell at me again.

[bunny planet]

22. It doesn't matter if the official thinks it carries less weight from the

Greens, it is the law in Ohio that a losing candidate can request and get a recount, period. They are just trying to stall and intimidate. I wonder why??????????

[CementDude]

30. Actually, it's gonna matter...

The role of the judge, in this case, will be to interpret the intent of the recount law, and the legitimacy of the request. Is the recount provision intended to protect a candidate who lost by a relatively small margin, where such a recount could reverse the official results in favor of that candidate, - or - is the intent of the recount law to allow any candidate, even if their margin of loss is so great that there is no likelihood of a reversal, to force a recount - generating excess cost, human resource and otherwise?

The judge has the authority to look at this particular request - the Glib's request - and balance their demands against what the judge consider fair, practical and in spirit with the intent of the law - and whose rights that law was designed to protect.

[nolabels]

29. You can bet there are all kinds of pub hacks streaming crap in..........

this fellows ear through one way or another. IMO

[CementDude]

31. There is only one solution...

Kerry/Edwards needs to step up and REQUEST A RECOUNT.

Simple enough?

[DBoon]

15. If judges enjoined everything that wasted taxpayers money

Government would come to a screeching halt.

[buff2]

16. Every vote counts?

Not anymore. No wonder so many people don't vote. It's worse now than it ever was. Bu$h.....that arrogant little moron has managed to change America. Damn slimy nazi bastard.

[Kralizec]

17. If this holds, we need to start the protesting immediately

[genieroze]

18. Sounds to me like they are scared of a recount. eom

[pointsoflight]

19. We need to pound home the message: What are they afraid of?

[pointsoflight]

20. And the cost: $122 per precinct.

They're acting like the state will go broke from this. Give me a break.

[spotbird]

38. The state has been run by Republicans for around a decade,

accordingly it is already broke. This is just another drop in the bucket.

[malatesta1137]

23. In the meantime

Senator Roll Over is sipping champagne in his Heinz estate.

The Skull & Bones Senator who fooled almost half of the country into voting for him, is laughing out loud at recounts efforts by people who think last Nov 2nd was in fact for real.

Before going on another horse ride, he was heard saying to Teresa:

"Is this a great country or what??"

[demodonkey]

32. Hey, I ride horses too, and I am just a middle-class Dem...

working my butt off to get the word out about these voting problems while also trying to run a farm!

Just a friendly reminder, not everybody who goes on "horse rides" is a member of the wealthy elite, thumbing their nose at democracy and the common person.

:-)

[witchhazl]

25. The law's the law, right?

The court has to uphold the law. If they don't like it, they can change it. But it's not the same situation as in Florida -- it's pretty clear-cut legally (I think). On Olbermann, Howard Fineman said Blackwell himself said the count would happen.

[demodonkey]

26. I thought the law says ANY candidate, not only ones w/"chance" of win...

in regards to who may request a recount in OH.

Is this judge elected as GOP, or otherwise?

[CementDude]

34. Yes, any candidate can request a recount - but -

Now we're entering the uncomfortable world of judicial intervention. A judge is being asked to basically interpret the recount law, establish its intent, look at who is asking for a recount, determine the likelihood of a favorable result for that candidate, balance all that with the apparent harm it would do to local governments (they claim high cost/staff hours) - throw all that into a judicial pot, stir and simmer for about a week - and then make a decision...

...and, like magic, you have case law.


If Kerry/Edwards don't act fast, they'll face a different obstacle -

Lack of Time.

[RedOnce]

46. Well stated CementDude

[nashville_brook]

33. and colin powell is on the news saying the US can not abide

the vote fruad in the Urkraine. is he handing us a gift?

[GetTheRightVote]

35. We must march to OHIO and claim our right to have Justice

We must be like the Ukrianians and rock this country if they take our right to have the vote be real and that voter is allowed to vote without oppression ........... I am deathly sick of this country and its leaders, we must become it's leader today before all is lost and our todays are gone forever ....... WE MUST MARCH SOON.

[nashville_brook]

36. yeah, imagine the news this weekend

if powell is in the ukraine demanding justice for them while we are marching in the streets for the same here!

[Helga Scow Stern]

42. That is a great thought! n/t

[BlackVelvet04]

37. I'll keep hoping against hope, but

I think the fact of the matter is we don't have much chance of anything being done. Either the democrats are in on the whole thing or are just too chickenshit to do anything about it. I tried to believe that it was better if Kerry stayed under the radar but I think probably he's a willing pawn. I guess it will be the dem's turn for the presidency in 2008.

Elections are smoke and mirrors.....we don't run this country...."they" do.

[regularjoe]

47. His phone number is...

'Prosecutor'
Main Number 740 833-2690

source: http://www.co.delaware.oh.us/%5Cphone%5Cphone.asp?dept='Prosecutor'

Couldn't find the email.


regularjoe

[geo]

50. kick

kick

[geo]

52. Somebody should call Cobb...

and ask what this means. - G

[geo]

54. kick

kick