Lawsuit Over '04 Ohio Election Advances
November 26, 2008
By Dan Sewell
ASSOCIATED PRESS
CINCINNATI -- A federal appeals court agreed today that a lawsuit challenging Ohio's voting system as unfair and marked by problems should be heard in court.
The League of Women Voters brought the action three years ago in the aftermath of the 2004 general election, which brought national criticism of Ohio elections officials while President Bush narrowly carried the state to clinch re-election. The organization wants a court order requiring the secretary of state and governor to put "a fair and competent system" in place.
A three-judge panel of the 6th U.S. Circuit Court of Appeals in Cincinnati ruled unanimously that the lawsuit should continue in U.S. District Court in Toledo.
The lawsuit cites examples of voters in some counties who were misdirected by poll workers, believe their votes were miscounted or not counted at all, and found broken or not enough voting machines at their polling sites. It also alleges misuse of provisional ballots."If true, these allegations could establish that Ohio's voting system deprives its citizens of the right to vote or severely burdens the exercise of that right, depending on where they live," wrote Judge Julia Smith Gibbons.
The panel agreed that the lawsuit raises valid questions about violations of citizens' equal protection and due process rights. The lawsuit doesn't challenge the 2004 results.~snip~
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