Ohio lawsuit will be refiled by Monday, to be refiled as 2 lawsuits

[4democracy]

From: Susan Truitt
To: [e-mail]
Sent: Thursday, December 16, 2004 11:23 PM
Subject: Re: Re: Fwd: Don't Panic! - Contest of Election Petition Dismissed - But we are refiling


Thank you for asking.

You can always forward anything that I send to the listserv. It is important for people to know that the dismissal of the contest of the election is merely an inconvenience - nothing more. We are refiling at least by Monday AM.

Thanks for forwarding to many others to assure supporters.

Susan

Date: Thu, 16 Dec 2004 13:46:12 -0800 (PST)
From: "Susan Truitt" <[e-mail]>
Subject: Don't Panic! - Contest of Election Petition Dismissed
To: [e-mail]

O.K.

The Ohio Supreme Court dismissed our petition in the contest of the election lawsuit.

But don't panic. As you can see below, the Court is merely saying that we need to refile two separate lawsuits.

So, we are in the process of doing just that. "Without prejudice" means that we can refile.

Susan

2004-2055. Moss v. Bush.

On Petition to Contest Elections. This cause originated in this court on the filing of an election contest petition under R.C. 3515.09. On December 14, 2004, Governor Taft, pursuant to R.C. 3515.08, made the appropriate designation to hear the election contest involving the November 2, 2004 election for Chief Justice of the Supreme Court of Ohio. After reviewing the portion of the petition contesting that election, I conclude that the contest is improperly combined with another election contest in the same petition. R.C. 3515.08, et seq., requires a separate petition be filed for each contested office. Election laws are mandatory and require strict compliance. State ex rel. Steele v. Morrissey, 103 Ohio St.3d 355, 2004-Ohio-4960, 815 N.E.2d 1107, ¶ 33. Accordingly, IT IS ORDERED that the portion of the petition contesting the November 2, 2004 election for Chief Justice of the Supreme Court of Ohio be, and hereby is, dismissed without prejudice.

O'Connor, J., in Chambers.

[New Earth]

1. why not tomorow :(

[genieroze]

2. Good question. eom

[Mistwell]

21. It takes time to draft a proper appellate case

It takes more than a single night to draft an appellate case properly - particular one this important, and one going to the state Supreme Court. A little sloppiness can sink the entire case. So I would rather an attorney (or team of attorneys) take the appropriate time to do it right, rather than file it quick to satisfy impatience just to see it go down in flames because of a silly slip up.

[genieroze]

31. Thanks, that explains the delay. eom

[4democracy]

26. That would be great and they may do it on Fri, she said by Mon.

[sabra]

33. Don't they need to go get all the signatures again?

May also be a factor to why they are saying it may not filed until Monday?

[Helga Scow Stern]

34. Better on Monday--Mercury will have just gone direct. All the better to

carry forward the proceedings.

[rockedthevoteinMA]

3. Raw Story has a new story up about it

http://www.bluelemur.com/index.php?p=501

(about the judge throwing it out...and interviews w/2 lawyers about it)

[smartvoter]

4. Wait, wasn't the 17th an important deadline? Damn -- info overload. nt

[Blue_In_AK]

23. The 21st, I think I read somewhere. n/t

[Name removed]

5. Deleted message

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[Name removed]

6. Deleted message

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[smartvoter]

7. Call us fools while you expend energy trying to stop us. LOL. nt

[New Earth]

8. give it up

KERRY WON, GET OVER IT!!! :hi:

[zann725]

10. Ditto!

"President Kerry"...has a nice ring, doesn't it?

[mikelewis]

9. Yeah, this dudes right, what the hell was I thinkin, thanks man

Thanks for showing us the error of our ways. Without commentary like yours to guide us through the valley how could we ever survive. By the way, since you know so much, how do you fit a 65 ton plane into a 16 foot hole? I have been trying to let this one go as well. Or better yet, how does a perfectly good building just suddenly come crashing to the ground? Please, I need your insight into this as well. Also, if Iraq had no weapons of mass destruction and we invaded because they had weapons of mass destruction, how can we be sure that Iran actually has weapons of mass destruction or should we just invade to find out if they have weapons of mass destruction. I look forward to your answers.

[ccarter84]

20. LOLOL, and with that good hearty laugh...bedtime

I'm glad I was able to follow most of what you referred to, need to learn more about the Iran situation tho.
good post man, good post

[Name removed]

36. Deleted message

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[Stand and Fight]

12. Goodbye Nay-sayer... Such anger you had.

:eyes:

[Stand and Fight]

13. Kerry go, go, go!!! Wooo.... All hail the once and future president!

Give it up bub.

[wtmusic]

14. har

the 'rant' about Ohio will last as long as it lasts. Certainly far longer than your patience.

[Alizaryn]

15. We will stop looking at Ohio when its "repaired"...

[procinderella]

16. Yes. We Can

Yes, we we file wherever a vote needs to be counted. Whether it went to democrat win or a republican win.

The truth will out. And we are the honest people. you are in the wrong place. Only honest, decent patriotic people post here.

[Stand and Fight]

19. Definition of Nuts:

Yankeedude: Are you freakin' kidding me? How long is the irrational rant about Ohio going to continue? In any human activity there are irregularities and errors that do not necessarily stem from malicious intent. Ohio is no different, and to desperately cling to the hope that somehow every one (possibly) uncounted vote will count for two (or more) in the Kerry column just makes you all look like fools and undermines your credibility for when it might actually make a difference.

Now if you want to look into where vote fraud actually might have swung the final state tally, let's look at what happened in Philadelphia and Milwaukee. Whoops! Not so interested, are we?


That is just mad crazy!

[smartvoter]

11. Turning in. Good night, fellow fools... nt

[Stand and Fight]

17. Goodnight fool.

Be sure not to fool around. Don't fool yourself into fooling, I mean falling, asleep.

:evilgrin: Gotta love them crazy FReeps!!

[Stand and Fight]

18. Keep this kicked through the night...

Keep this kicked for the morning crowd folks.

Goodnight everyone and God bless you.

[rumpel]

22. Wasn't there a big-a-do about the noon electoral college meeting

and the time stamp of the the intial filing of the suit, having to be prior to the announcement?
How does that play out?

[4democracy]

25. Susan said it was only an inconvenience to refile, so I guess

(and I am only guessing) that the time/date must not matter on the refiling of a previously filed suit. Maybe one of the lawyers on here would know exactly how that works.

[SueZhope]

24. Good morning kick n/t

[Name removed]

27. Deleted message

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[Verve]

29. The recount will find nothing if they are trying to hide fraud.

We must prove Fraud. That is the only way to win!

[Straight Shooter]

37. *sigh*

Same tune, different thread.

edit: I'm replying to the "doom and gloom" poster

[eomer]

28. From ruling: "Election laws are mandatory and require strict compliance."

Good to know.

Maybe he should let the BOEs know that fact.

[Vidar]

30. I'm glad this is at least being followed through on.

[rodeodance]

32. such is life!!

[libertypirate]

35. It shouldn't be

I don't know why the judge thought he can rule on a case he was named as a defendant. How is that fair?

He should be disciplined for pulling this shit!

[absolutezero]

38. kick