Posted on Wed, Dec. 29, 2004
Chief justice refuses to remove self from vote challenge
Associated Press
The Beacon Journal
COLUMBUS, Ohio - Chief Justice Thomas Moyer of the Ohio Supreme Court on Wednesday refused to remove himself from a case challenging the results of the presidential election.
Moyer also rejected a request by voters challenging the results for a speedy hearing and an order that election boards preserve evidence from the election.
The voters and their attorneys filed poorly documented affidavits that contain hearsay, don't indicate who the people making statements are and don't explain what their statements have to do with the election, Moyer said.
The challengers have provided "nothing suggesting that Ohio election officials are engaging, or will engage, in illegal conduct," said Moyer, who called their documents "woefully inadequate."
Moyer said there is no reason for him to remove himself since the challenge doesn't involve his own election and he has nothing to gain by a change in the results.
Citing fraud, 37 voters backed by Columbus attorneys Cliff Arnebeck and Bob Fitrakis have challenged the results of the presidential race in Ohio. They point to long lines, a shortage of voting machines in predominantly minority neighborhoods and problems with computer equipment.
President Bush defeated John Kerry by about 118,000 votes, according to a re-count of the official results paid for by two independent party candidates. Bush's win in Ohio allowed him to declare victory in the national election.
A message was left with Arnebeck seeking comment.
http://www.ohio.com/mld/beaconjournal/news/state/10523670.htm?1c