Cobb Asks Court to Preserve Evidence in Ohio Recount

[MelissaB]

December 24, 2004
FOR IMMEDIATE RELEASE

Cobb Asks Court to Preserve Evidence in Ohio Recount

Voting Machines in Multiple Counties May Have Been Tampered With
Columbus, OH — Green Party presidential candidate David Cobb asked a Federal Court yesterday to preserve a wide range of evidence, including voting machines and election records, to ensure the integrity of the Ohio presidential recount. Cobb's attorneys filed a Motion for a Preservation Order and for Leave to Take Limited Expedited Discovery in the U.S. District Court for the Southern District of Ohio where recount litigation is pending.

"It is time for the federal judiciary to step in and ensure the integrity of the recount in Ohio, something which Ohio's blatantly partisan Secretary of State is either unwilling or thoroughly incapable of doing," said Cobb.

Papers filed with the court state that "voting machines in multiple counties may have been tampered with during the recount by an employee of Triad Governmental Systems, Inc. — the company whose computer program tallied the punch-card votes cast in 41" of Ohio's 88 counties.

Link: http://www.votecobb.org/press/2004/dec/pr2004-12-24.php


This was orginally posted by dzika here: http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=203&topic_id=193569#194079

Faye requested that it be posted for comments.

[New Earth]

1. thank you MelissaB

and my comment was, wtf? why is he taking all credit for it without mention of Kerry's name? :grr:

[Darkhawk32]

2. I agree... Kerry is starting to get involved....

NOW IS NOT THE TIME FOR PETTY BULLSHIT. WORK TOGETHER OR BOTH FAIL.

[New Earth]

3. i'm not happy about this

what the fuck is Cobb in this for anyway?

[MarkusQ]

4. What is he in it for?

For that matter, what am I, a registered Republican with no great love of Kerry, in it for? How about Chuck Herrin, and lots more Republicans who are working to see that the recount is done fairly and honestly? And what about all the Libertarians and Independents? People of all races working to see that the voting rights of people of every race are upheld. And on, and on...

Maybe we value fair elections more than we value "winning".

The real question shouldn't be "what's in it for the people fighting for fair elections"--that should be blindingly obvious.

The real question should be, what's in it for the people working against fair elections.

--MarkusQ

[New Earth]

5. you misunderstood what i said

i'm just saying i'm a little mad that he didn't even mention that Kerry is with him in that lawsuit. I don't understand why. Excuse the living FARK out of me.

[GreenArrow]

12. maybe because Kerry is a "Johnny come lately"

in all this.

[New Earth]

13. boohoo

[seito]

14. Then again

Maybe he's Johnny gonna play this SMART.

Step 1. Gather enough evidence to support a court order to impound everything that may ultimately prove fraud

Step 2. File a motion to impound such evidence

Step 3. Evaluate the evidence and take necessary action to ensure a fair and accurate recount is indeed accomplished.

Step 4. Constitutional Crisis....

[New Earth]

15. but that's not fast enough

i need instant gratification :eyes:

[seito]

16. You are right

A Press Conference would be MUCH better.

LMAO :toast:

[GreenArrow]

17. and playing it smart means

that people like Cobb get to do the work, and then Kerry gets to come in and claim victory (or escape condemnation if things don't work out in his favor.)

I'm all for Kerry staying out of the limelight on this; it's very good strategy.

[seito]

18. Cobb deserves credit ...Indeed

But, I believe that the bulk of the work is being done by the people across this nation and on the ground in Ohio.

This is a tremendous victory for democracy of, by and for the people. We are fighting for our rights, and as the candidate, we are all fighting for John Kerry...whether we like him or not.

Some of us believe that he is fighting for us, some not so much...The truth will be known soon enough. I am all for giving everyone the benefit of the doubt, coupled with healthy speculation.

I feel I know John Kerry very well. I do not know Cobb. I am Democrat, not a Green. That being said, as long as we are all on the same team, the team fighting to preserve our sacred right to vote, I will support all without prejudice.

When one side attacks another, (I am not saying tht has happeneded), but if it does, I'm gonna have to go with the man I know.

Just my humble opinion.

[stepnw1f]

19. The Guy's Career Says Otherwise

Sorry. But I'm sick of hearing this partsian shit. Lose the colors now.

[BR_Parkway]

8. Agreed, if all we are worried about is winning, then we've become

no better than those we've been railing against.

[New Earth]

9. wtf are you guys talking about?????

i didn't even say anything about winning. all i asked was why Cobb didn't mention Kerry in his news on the lawsuit. maybe they are separate lawsuits, i don't know. i meant wtf is he in it for if he is going to say he is the only one who filed the lawsuit or intended to. i said nothing about who wants to win, you are putting words in my mouth. i'm saying is he leaving Kerry's name out and taking credit it for it? probably not, it was speculation. merry effin xmas guys :hi:

[MarkusQ]

26. Cobb didn't mention Kerry for the same reason he left off Santa

It's Cobb's lawsuit, not Kerry's, no matter how much you wish it was Kerry's. Don't start swearing at the guy who's doing something because he isn't giving "credit" to the guy who isn't.

--MarkusQ

[read the law first]

27. Ohio law already requires this information to be retained

I think that this motion will be denied as moot because Ohio law already requires that this information be retained. So, there's no reason for a judge to order that which the law already requires. It would be redundant.

It's like there's already a speed limit and one files a motion seeking the court to require that x follow the speed limit. The judge looks at it and says "What am I supposed to do here, the law already requires x to follow the speed limit."

But, hey, who knows? That's just my take on it.

We'll find out whether the judge is for us or against us based on how this ruling comes down.

[seito]

6. I'm confused...

Does this mean that the suit was filed yesterday after all?

[New Earth]

7. maybe it's filed separately from Kerry's?

:shrug:

[merh]

23. The federal suit was filed on 11/30/04

Cobb was able to file an additional motion with memorandum brief and proposed order yesterday, December 23. Go to

Pacer Service is the service that the U.S. District Courts use to provide docket tracking through out the US. You can go on line and register - to search there is no cost, but to download dockets there is a cost per page ($.07) of the docket. The full docket is provided below (the index of the pleadings filed in chronological order with brief description of the pleading) and as you can see Cobb was able to electronically file 3 documents yesterday. (docket #33, 34 & 35). As I said, maybe Kerry's lawyer was hampered due to the weather and his inability to get to his office, or no electricity at the office or no employees able to make it to the office.

Feel free to go to the Pacer service set up an account - then you can search all federal filings in the U.S.

https://pacer.login.uscourts.gov/cgi-bin/login.pl?court_id=00idx


The docket for the case is provided below:
======================================================
U.S. District Court
Southern District of Ohio (Columbus)
CIVIL DOCKET FOR CASE #: 2:04-cv-01139-EAS-TPK

Plaintiff, Delaware County Prosecuting Attorney
David A. Yost, Delaware County Prosecuting Attorney

Plaintiff, Delaware County Board of Elections

V.

Defendant National Voting Rights Institute aka NVRI

Defendant David Cobb, Green Party Candidate through National Voting Rights Institute, aka NVRI

V.

Intervenor Defendant KERRY-EDWARDS 2004 INC

V.

Counter Defendant, J Kenneth Blackwell

Amicus, County Commissioners' Association of Ohio
County Commissioners' Association of Ohio

Amicus, Ohio Association of Election Officials
Ohio Association of Election Officials

Counter Claimant, National Voting Rights Institute aka NVRI

Counter Claimant David Cobb, Green Party Candidate through National Voting Rights Institute, aka NVRI

Counter Claimant Michael Badnarik, Libertarian Party Candidate through National Voting Rights Institute aka NVRI

V.

Counter Defendant, Delaware County Board of Elections

----------------------------------------------

Date Filed #

Docket Text
11/30/2004 1 NOTICE OF REMOVAL filed by Defendants National Voting Rights Institute, David Cobb, and Michael Badnarik against Plaintiffs Delaware County Prosecuting Attorney and Delaware County Board of Elections from Delaware County Court of Common Pleas, case number 04-CVH-11-827. ( Filing fee $ 150.00 ). (Attachments: # 1 State Court File)(dms) (Entered: 12/01/2004)
11/30/2004 Filing fee: $ 150.00, receipt number 200 244305. (dms) (Entered: 12/01/2004)
11/30/2004 2 CORPORATE DISCLOSURE STATEMENT of Defendant National Voting Rights Institute. (dms ) (Entered: 12/01/2004)
11/30/2004 3 NOTICE of Docketing in Removal. (dms) (Entered: 12/01/2004)
12/01/2004 Notice of Docketing in Removal sent to David Yost and Christopher Betts. ECF01/Rev. 3/04 sent to David Yost and Christopher Betts. Christopher Betts is now with Delaware County Prosecuting Attorney's Office. Lisa Wright is changing information in ECF. (dms) (Entered: 12/01/2004)
12/02/2004 4 ANSWER to Complaint , Affirmative Defenses and, COUNTERCLAIM against Delaware County Board of Elections by Defendants National Voting Rights Institute, David Cobb, Michael Badnarik, Plaintiff Delaware County Board of Elections. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Kerger, Richard) (Entered: 12/02/2004)
12/02/2004 5 MOTION for Preliminary Injunction by Defendants Michael Badnarik, David Cobb, National Voting Rights Institute, Counter Claimants Michael Badnarik, David Cobb, National Voting Rights Institute. (Attachments: # 1 Text of Proposed Order)(Kerger, Richard) (Entered: 12/02/2004)
12/02/2004 6 RESPONSE in Support re 5 MOTION for Preliminary Injunction filed by Defendants Michael Badnarik, David Cobb, National Voting Rights Institute, Counter Claimants Michael Badnarik, David Cobb, National Voting Rights Institute. (Attachments: # 1 Exhibit)(Kerger, Richard) (Entered: 12/02/2004)
12/02/2004 7 MOTION for Limited Admission of John Bonifaz by Defendants Michael Badnarik, David Cobb, National Voting Rights Institute, Counter Claimants Michael Badnarik, David Cobb, National Voting Rights Institute. (Attachments: # 1 Affidavit)(Kerger, Richard) (Entered: 12/02/2004)
12/02/2004 PHV filing fee received in the amount of $ 50, receipt number 244347 (ja, ) (Entered: 12/03/2004)
12/03/2004 8 MOTION filed by Plaintiff Delaware County Prosecuting Attorney. for Leave to Appear PHV by David Yost (Attachments: # 1 Proposed Order(ja, ) (Entered: 12/03/2004)
12/03/2004 9 Amicus Curiae APPEARANCE entered by Mark David Landes Plaintiffs Delaware County Board of Elections, Delaware County Prosecuting Attorney. (Landes, Mark) (Entered: 12/03/2004)
12/03/2004 10 Memorandum Contra to Mtn of Kerry-Edwards 2004, Inc to Intervene re 5 MOTION for Preliminary Injunction filed by Plaintiffs Delaware County Board of Elections, Delaware County Prosecuting Attorney. (Attachments: # 1 A - NVRI ltr# 2 B - Brenneman Affidavit# 3 Jdgmnt on TRO# 4 D - Del Cty Hrg on TRO# 5 E - Removal Ntc# 6 Proposed Order)(ja, ) (Entered: 12/03/2004)
12/03/2004 11 MOTION to Remand filed by Plaintiffs Delaware County Board of Elections, Delaware County Prosecuting Attorney. (Attachments: # 1 NVRI ltr# 2 B - Brenneman Affidavit - 1# 3 C - Jgmnt on TRO# 4 D - Hrg Ntc# 5 E - ND/OH Order# 6 F - Brenneman Affidavit - 2# 7 Proposed Order)(ja, ) (Entered: 12/03/2004)
12/03/2004 12 BRIEF by Plaintiffs Delaware County Board of Elections, Delaware County Prosecuting Attorney. (Attachments: # 1 Exhibit Affidavit of Keith Cunningham# 2 Exhibit Case of Rios v. Blackwell# 3 Exhibit Affidavit of Michael Sciortino)(Landes, Mark) (Entered: 12/03/2004)
12/03/2004 13 NOTICE of Appearance (Coglianese, Richard) (Entered: 12/03/2004)
12/03/2004 14 MOTION to Remand by Counter Defendant J Kenneth Blackwell. (Attachments: # 1 Exhibit Unpublished case)(Coglianese, Richard) (Entered: 12/03/2004)
12/03/2004 15 MOTION to Quash Subpoenas by Counter Defendant J Kenneth Blackwell. (Attachments: # 1 Exhibit Copy of Subpoenas)(Coglianese, Richard) (Entered: 12/03/2004)
12/03/2004 16 MOTION OF Kerry-Edwards 2004, Inc to Intervene in Deft's Counterclaims and to Join Deft's Motion for Preliminary Injunction. (ja, ) (Entered: 12/03/2004)
12/03/2004 17 STIPULATION OF FACTS: filed by Plaintiffs Delaware County Board of Elections, Delaware County Prosecuting Attorney. (Attachments: # 1 Exh A - Certification)(ja, ) (Entered: 12/03/2004)
12/03/2004 18 AFFIDAVIT of Gwendolyn Dillingham by Plaintiffs Delaware County Board of Elections, Delaware County Prosecuting Attorney. (Landes, Mark) (Entered: 12/03/2004)
12/03/2004 19 Minute Entry for proceedings held before Judge Edmund A Sargus : Motion Hearing held on 12/3/2004 re 5 Both MOTIONS for Preliminary Injunction DENIED(Court Reporter Laura Samuels.) (aq) (Entered: 12/03/2004)
12/03/2004 21 ORDER denying Plaintiffs' Motion for Preliminary Injunction and Defendants'5 Motion for Preliminary Injunction . Signed by Judge Edmund A Sargus on 12/3/04. (aq) (Entered: 12/06/2004)
12/06/2004 20 ORDER: Holding In Abeyance 7 Motion for Limited Admission pending submission of Cert of Good Standing for John Bonifaz per Local Civil Rules. Signed by Judge Terence P Kemp on 12/06/04. (ja, ) (Entered: 12/06/2004)
12/06/2004 22 Supplemental Memorandum Supporting re 20 Order on Motion for Limited Admission of John Bonifaz by Defendants Michael Badnarik, David Cobb, National Voting Rights Institute, Counter Claimants Michael Badnarik, David Cobb, National Voting Rights Institute. (Attachments: # 1 Supplement)(Kerger, Richard) (Entered: 12/06/2004)
12/07/2004 23 AFFIDAVIT of Matthew M. Damschroder by Plaintiffs Delaware County Board of Elections, Delaware County Prosecuting Attorney. (Landes, Mark) (Entered: 12/07/2004)
12/10/2004 24 MOTION for Temporary Restraining Order and Preliminary Injunction by Defendants Michael Badnarik, David Cobb, National Voting Rights Institute, Counter Claimants Michael Badnarik, David Cobb, National Voting Rights Institute. (Kerger, Richard) (Entered: 12/10/2004)
12/10/2004 25 Supplemental Memorandum Supporting re 24 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Defendants Michael Badnarik, David Cobb, National Voting Rights Institute, Michael Badnarik, David Cobb, National Voting Rights Institute, Counter Claimants Michael Badnarik, David Cobb, National Voting Rights Institute, Michael Badnarik, David Cobb, National Voting Rights Institute. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Affidavit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Affidavit # 8 Exhibit # 9 Exhibit # 10 Exhibit)(Kerger, Richard) (Entered: 12/10/2004)
12/10/2004 26 MOTION for Preliminary Injunction by Intervenor Defendant KERRY-EDWARDS 2004 INC. (Kerger, Richard) (Entered: 12/10/2004)
12/15/2004 27 NOTICE by Defendants David Cobb, Michael Badnarik, National Voting Rights Institute, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik of filing of newly discovered evidence in support of their Motion for Preliminary Injunction (Attachments: # 1 Supplement # 2)(Kerger, Richard) (Entered: 12/15/2004)
12/15/2004 28 TRANSCRIPT of Proceedings: Motion for Prelim Injunction held on 12/03/04 before Judge Edmund A. Sargus Jr. Court Reporter: Laura Samuels. (ja, ) (Entered: 12/16/2004)
12/16/2004 29 BRIEF re24 MOTION for Temporary Restraining Order and Preliminary Injunction, 25 Supplemental - Supporting,,. (Landes, Mark) (Entered: 12/16/2004)
12/16/2004 30 RESPONSE in Opposition re 24 MOTION for Temporary Restraining Order and Preliminary Injunction, 26 MOTION for Preliminary Injunction filed by Counter Defendant J Kenneth Blackwell. (Attachments: # 1 Exhibit A Complaint in Rios v. Blackwell# 2 Exhibit B Order Denying TRO# 3 Exhibit C Order in Stewart v Blackwell)(Coglianese, Richard) (Entered: 12/16/2004)
12/16/2004 31 REPORT to the Court filed by Plaintiff David Yost, Delaware County Prosecuting Attorney. (Attachments: # 1 Ex A - Affidavit & Procedures)(ja, ) (Entered: 12/20/2004)
12/22/2004 32 MOTION to Dismiss for Lack of Jurisdiction by Counter Defendant J Kenneth Blackwell. Responses due by 1/17/2005 (Attachments: # 1 Exhibit A Complaint in Rios v Blackwell)(Coglianese, Richard) (Entered: 12/22/2004)
12/23/2004 33 MOTION for Order to Preserve and for Leave to Take Limited Expedited Discovery by Defendants David Cobb, Michael Badnarik, National Voting Rights Institute, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik. (Kerger, Richard) (Entered: 12/23/2004)
12/23/2004 34 Supplemental Memorandum Supporting re 33 MOTION for Order to Preserve and for Leave to Take Limited Expedited Discovery filed by Defendants David Cobb, Michael Badnarik, National Voting Rights Institute, David Cobb, Michael Badnarik, National Voting Rights Institute, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik, National Voting Rights Institute, David Cobb, Michael Badnarik. (Attachments: # 1 Affidavit # 2 Affidavit # 3 Affidavit # 4 Affidavit # 5 Affidavit # 6 Affidavit # 7 Affidavit # 8 Affidavit # 9 Affidavit # 10 Affidavit)(Kerger, Richard) (Entered: 12/23/2004)
12/23/2004 35 Proposed Pretrial Order by Defendants David Cobb, Michael Badnarik, National Voting Rights Institute, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik. (Kerger, Richard) (Entered: 12/23/2004)


PACER Service Center
Transaction Receipt
12/24/2004 17:59:23
PACER Login: jw0835 Client Code:
Description: Docket Report Search Criteria: 2:04-cv-01139-EAS-TPK
Billable Pages: 4 Cost: 0.28

[KoKo]

10. I checked the links supposedly to the "filing" on Cobb's site and can't

find the legal document.

If Kerry doesn't want his name on this then I'm really pissed...what's going on here? Cobb has no "weight" to file this. Only Kerry can show harm by not having the voting machines and other election material secured :grr:.

[seito]

11. It would be foolish to jump to conclusions

without seeing the legal documents.

Further, if Cobb chose to file separately, it does not necessarily mean that Kerry did not want to join the suit. I think I'll go with the info that Will provided yesterday, combined with the statement by the Kerry lawyer, shown on Countdown last night.

[KoKo]

21. A "Statement by Kerry Lawyer was on Countdown last night?"

Amazing the "Cobb Website" doesn't link to it....??????:shrug:

[seito]

25. I do not have the text of the statement, but the video link is here.

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=203&topic_id=192449

[Vidar]

20. Right on, Mr. Cobb.

[mousie]

22. Yes, MANY thanks to David Cobb!

I am so grateful he's taken the time and trouble to pursue the election results! Where would we be if he hadn't stepped in so quickly?! And he's doing Kerry a favor. I like to think that Kerry knows what he's doing, and it's been in his best interest to remain quiet to some extent or all heck would probably break loose... but I'm glad he's getting more involved in this now too. I like to think there's a method to the madness here and they're somehow working together on all this. Anyway, thanks to Cobb, and thanks also to Nader for pursuing New Hampshire. Too bad it didn't reveal machine fraud there, but I think the FRAUDS were well aware there was a paper trail in that state and so didn't try anything (?).

[seito]

24. Hi mousie

Welcome to DU :hi:

It is nice to see someone with such an open mind.

:yourock: