Recount FIXED in Ohio for 04 Presidential Contest

[debbierlus]

http://www.cleveland.com/election/plaindealer/index.ssf?/base/cuyahoga/1144312870224340.xml&coll=2

To avoid 'expenses'....

Yeah. Right.

They were worried about 'expenses'.

[valerief]

1. So it's okay to break the law as long as you're pinching pennies? n/t

[renate]

2. since there'll be a trial, let's hope this story stays in the news

"Three top county elections officials have been indicted, and Erie County Prosecutor Kevin Baxter says more indictments are possible."

Better late than never, I guess....

[debbierlus]

4. Good timing at least...

With Bush being implicated in the leak scandal...

And, Delay foregoing a Congressional run due to his criminal case.

And, a bunch of other Rethugs about to be brought down in the Abramoff scandal.

Perhaps, the worm is finally turning! (Worm being the optimum word).

[Der Blaue Engel]

3. The truth will out

Eventually. Little by little. I hope.

[me b zola]

5. Just like we said that it happened

"After the 2004 presidential election, Cuyahoga County election workers secretly skirted rules designed to make sure all votes were counted correctly, a special prosecutor charges.

While there is no evidence of vote fraud, the prosecutor said their efforts were aimed at avoiding an expensive - and very public - hand recount of all votes cast. Three top county elections officials have been indicted, and Erie County Prosecutor Kevin Baxter says more indictments are possible."

~~snip~~

"Days before the Dec. 16 recount, workers opened the ballots and hand-counted enough votes to identify precincts where the machine count matched.

"If it didn't balance, they excluded those precincts," Baxter said.

"The preselection process was done outside of any witnesses, without anyone's knowledge except for the Board of Elections."

On the official recount day, employees pretended to pick precincts randomly, Baxter says. Dozens of Cuyahoga County election workers sat at 20 folding tables in front of dozens of witnesses and reporters."


MUCH MORE AT LINK!!!!!!!


WOW!!!!!!

[zbdent]

6. Maybe these people should be sued

for their part in blowing the deficit up to historic proportions . . . how's that for "expenses" . . .?

[me b zola]

7. This is an important story!

kicking so that others will get the chance to read it!!!!!


:kick:

[debbierlus]

8. It is important....Voting fraud gets no coverage in the MSM

[me b zola]

12. I have cross posted your thread in the election reform forum

I hope you don't mind.

:kick:

[nolabels]

13. Not many advertise they are complicit in lawless contempt for the .......

general population. Probably kind of goes against of ideas of how to gain a following wouldn't ya think?

The thing I do is boycott MSM as much as possible

[Amaryllis]

9. K and R

[wordpix]

10. it's OK for repukes to up fed debt to $9 trillion but OH can't incur extra

$thousands for a vote recount or two to ensure every vote is counted? WTF? Who do these jokers think they're fooling?

[Hell Hath No Fury]

11. Kick!

[tiptoe]

14. R & Kick!

[autorank]

15. /way to go debbierlus....YOU ROCK

I posted it in elections with a tout to you and me b zola. Great catch.

http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=203&topic_id=421277&mesg_id=421277

:yourock:

& Recommended (of course!)

[autorank]

20. Here's why it mattered. Kerry won Ohio...TruthIsAll, our good friend...

TruthIsAll (1000+ posts) 	Fri Apr-29-05 09:40 PM
Original message
HOW KERRY WON OHIO BY 51-48%...
	
Edited on Fri Apr-29-05 10:37 PM by TruthIsAll

Well, by winning the majority of virtually every
demographic...
The RBRs must have stayed home.

If you believe the Exit Poll, Kerry won OH by 160,000 votes.
If you believe the Vote, Bush won by 119,000 votes.

If Kerry won this solid Republican state by 51-48%, you just
KNOW he had to do 1-2% better nationally.

Which means he won the election by 6-8 million votes.


OHIO EXIT POLL
1,963 Respondents
Updated: 12:21 a.m.		

CATEGORY	BUSH	 KERRY

GENDER	        47.94%	52.06%
RACE/GENDER	47.99%	51.01%
RACE		47.86%	50.14%
AGE		48.31%	51.39%
INCOME	        45.91%	51.62%

EDUCATION	48.77%	50.94%
PARTY ID	47.18%	51.20%
IDEOLOGY	48.03%	50.97%
VOTED BEFORE    49.30%	 50.70%
RELIGION	49.08%	50.66%

WHENDECIDED	48.22%	49.68%
BUSH JOB	48.42%	49.10%
COMMUNITY 1	48.94%	51.68%
COMMUNITY 2     48.42%	51.33%
REGION	        48.58%	52.07%

VOTE SENATE	48.04%	51.96%
			
AVERAGE	        48.19%	51.03%
VOTES		2.711	2.871

ACTUAL	        50.82%	48.71%
VOTES		2.859	2.740
			
MoE		2.21%	
PROB		1 IN	106


GENDER		BUSH	KERRY
Male 	47%	49%	51%
Female	53%	47%	53%
	100%	47.94%	52.06%
			
RACE/GENDER			
WM 	40%	53%	47%
WF	45%	53%	47%
NWM	6%	25%	75%
NWF	8%	18%	82%
	99%	47.99%	51.01%
			
RACE			
White	86%	53%	47%
Black	9%	16%	84%
Latino	3%	28%	72%
Asian	1%	*	*
Other	1%	*	*
	100%	47.86%	50.14%
			
AGE			
18-29	21%	40%	60%
30-44	30%	49%	50%
45-59	29%	49%	51%
60-	20%	55%	45%
	100%	48.31%	51.39%
INCOME			
0-15	7%	27%	73%
15-30	16%	34%	66%
30-50	25%	46%	53%
50-75	22%	55%	44%
75-100	15%	50%	50%
100-150	9%	56%	44%
150-200	4%	61%	39%
200-	2%	*	*
	100%	45.91%	51.62%
EDUCATION			
NoHS	4%	40%	60%
HSGrad	29%	46%	53%
College	28%	50%	50%
ColGrad	25%	53%	47%
Postgrad14%	47%	53%
	100%	48.77%	50.94%
			
PARTY ID			
Dem	38%	8%	91%
Rep	37%	94%	6%
Ind	24%	39%	60%
	99%	47.18%	51.20%
			
IDEOLOGY			
Lib	21%	13%	87%
Mod	47%	39%	61%
Con	31%	87%	13%
	99%	48.03%	50.97%
			
			
VOTED BEFORE?			
No	14%	45%	55%
Yes	86%	50%	50%
	100%	49.30%	50.70%
			
			
RELIGION			
Prot	57%	54%	46%
Cath	26%	53%	46%
Jewish	1%	*	*
Other	6%	24%	76%
None	11%	28%	72%
	101%	49.08%	50.66%
			
			
WHEN DECIDED			
Today	5%	40%	60%
3Days	4%	36%	64%
Week 	2%	*	*
Month	10%	37%	62%
Before	79%	52%	48%
	100%	48.22%	49.68%
			
			
HOW BUSH IS HANDLING HIS JOB			
Approve50%	93%	7%
Disap	48%	4%	95%
	98%	48.42%	49.10%
			
			
SIZE OF COMMUNITY			
BCities	7%	49%	50%
SmCities19%	38%	62%
Suburbs	50%	49%	51%
SmTowns	6%	43%	55%
Rural	19%	59%	40%
	101%	48.94%	51.68%
			
			
SIZE OF COMMUNITY			
Urban	26%	41%	59%
Suburb 	49%	49%	51%
Rural 	25%	55%	44%
	100%	48.42%	51.33%
			
			
REGION			
Cuya 	13%	35%	65%
NE	27%	45%	55%
Cent	23%	52%	47%
NW	12%	49%	50%
SW	26%	54%	46%
	101%	48.58%	52.07%
			
			
VOTE FOR U.S. SENATE			
Dem	43%	7%	93%
Rep	57%	79%	21%
	100%	48.04%	51.96%
			
------------------------------------------------------------------			
			
N.B.  After reading this and recognizing what the Libby
testimony means, I advise *, Cheney and all the Federal Judges
that they appointed to resign immediately.		
			
autorank
------------------------------------------------------------------			

[EFerrari]

16. They wanted to avoid EXPENSES? DIDN'T WE PAY

FOR THE 'FRIGGIN RECOUNT?

bullshit

[me b zola]

23. And the bill was pretty steep, IIRC

Let these pigs rot in prison and their personal assets can be sold to pay their debt to those who upped the $$$$$$.



THROW THE SQUATTERS OUT OF OUR WHITE HOUSE!!!!!!!!!

[KyndCulture]

17. Gaaaaaaaag K&R

[helderheid]

18. COINGATE is expensive!

[drm604]

19. K&R

:kick:

[glitch]

21. "Expensive" "Sloth" any excuse but the real one: "We Have To Cheat"

"It's the only way we can win."

[mattclearing]

22. People in the election reform forum have known this since Sherole Eaton

outed the Triad technician with the cheat sheet.

[me b zola]

25. Yeah, and they slimed her pretty good for telling the truth

Wasn't she fired for being a whistleblower?

[mattclearing]

28. Don't recall.

I do remember people taking up a collection or something for her...can't remember it if was legal or medical bills.

[Atman]

24. I posted this to a freeper on another board...

...and all he could say was that Kerry paid for votes with crack.

Seriesly. He even sighted this Toledo Blade story to prove it.

[debbierlus]

26. I am surprised he just didn't type liberal

That seems to be the magic word for repukes under all circumstances...

Liberal as an insult.

And, curse words.

No wonder Bush is their king.

[SeattleRob]

27. Gee what a surprise...

I haven't been this surprised since the report came out that Ken Blackwell owned Diebold stock!

[eomer]

29. This is just a part of a larger criminal conspiracy.

This same cheat (or some variation) was used in almost every county of Ohio. It is not reasonable to believe that almost every one of 88 counties independently arrived at the same approach of fixing the recount.

We know that Triad coached some counties on how to apply the fix because they admitted as much but Triad was not involved in most of the counties so the big question is -- who coached the remaining counties into doing this?

Will there be an investigation to find the top dogs in this criminal conspiracy or will we get the usual token prosecution of a few foot soldiers?

Déjà vu: Here's a thread about the whole Ohio recount conspiracy.

[livvy]

30. Big story! K & R

[melissinha]

31. Those excuses are BS

Kerger said he believes there are two reasons, generally, why an elections board would precount before a recount. The first is to change the results of the vote, which he does not believe happened.

The second, he speculated, was that "the workers were so tired and didn't want to hassle with doing a hand recount."

I don't give a rat's behind how tired they were!!1 How about how tired and soaked their voters were? How about that? How about how tired our soldiers are of fighting a losing battle that Kerry would have ended???? How about that??? This election was a farce the real President Al Gore and the subsequent Real President Kerry are not in their rightful place... I've had enough!!!!!!!!!!!!!!!

[southwood]

32. Recount

A precount before the recount. Simply beyond belief. The stuff banana republics are made of.

[BeFree]

34. Yeah

The stuff banana republics are made of...indeed.

We are slip sliding away on that banana peel republican way of doing government.

Ohio was the battleground... the ground zero of the stolen election. They had to fix Ohio in order to get over on us. Well, I'm not over it, and neither should anybody else be over it.

Yet we still have folks on this board who blame the candidates. Blame everything and everybody but the thieves who stole the election. Maybe they will read this thread and get a clue of where the real cause resides?

The election of 2004, was stolen, and we have proof.

[CornField]

33. Those lousy SOBs

They couldn't even do a freaking recount legitimately?

Edited to ask: How much did the Greens and Libertarians pay to have that recount done? They should not only demand their money back, but file suit against the state.

[eomer]

35. They did sue the state, lost and were considering whether to appeal.

For a detailed timeline, go here.

Here is the amended complaint:

http://www.nvri.org/about/ohio_cobb_badnarik_amended_091905.pdf

-snip-

FIRST CONSOLIDATED AMENDED COMPLAINT OF PLAINTIFFS IN CASE NO.
3:04CV7724 AND OF COUNTER-PLAINTIFFS IN CASE NO. 3:05CV7286

I. NATURE OF THE ACTION

1. Plaintiffs and Counter-Plaintiffs David Cobb and Michael Badnarik and other
Plaintiffs seek a declaration that the procedures established by Ohio Secretary of State J.
Kenneth Blackwell for the recount of votes in elections in Ohio for President of the United States
violate the United States Constitution and other applicable law. They also seek injunctive relief
remedying these procedural defects.
2. Plaintiffs and Counter-Plaintiffs do not request the remedy of a new recount of
the 2004 vote in Ohio. Rather, they ask the Court to address procedural defects that are of
Constitutional magnitude, that are capable of repetition in future Presidential elections yet that
would evade appropriate review absent the instant suit.
3. These fundamental defects in Secretary Blackwell’s recount procedures include
the following, each of which was demonstrated in the recount of the 2004 Presidential election
vote:
• A built-in delay in the certification of the initial vote count that denies sufficient time for
the recount of the Presidential election vote to be completed and the results of the
recounted vote to determine the election in Ohio for President of the United States;
• Inadequate procedures to preserve and secure ballots, voting machines and other voting
materials;
• Inadequate standards for the random selection of the initial 3% of the statewide votes to
be hand counted in the recount;
• The absence of procedures to conduct a recount of votes cast on electronic voting
machines; and
• Inadequate procedures to ensure uniform and proper treatment throughout the state of
access by recount observers to provisional, absentee, and spoiled ballots, to poll books, to
voting machines and to other materials.
4. These defects in the recount of votes cast in Ohio in the 2004 Presidential election
are likely to occur again under Secretary Blackwell or his successors, who are likely to use the
2004 Presidential recount practices or ones essentially the same, absent judicial intervention and
resolution of the issue raised in this action.

-snip-

Here is the judge's ruling dismissing the case:

http://www.nvri.org/about/yost_order_020706.pdf

-snip-

Discussion
Secretary Blackwell raises a sovereign immunity defense and contends plaintiffs’ claim is
not yet ripe. Because I find sovereign immunity is a bar to this cause of action, I need not address
the ripeness issue.
The Eleventh Amendment bars suits against states in federal court unless the state expressly
consents to suit or Congress unequivocally abrogates the immunity. Pennhurst State Sch. & Hosp.
v. Halderman, 465 U.S. 89, 98 (1984). There exists an exception to this general rule for suits against
Secretary Blackwell’s actions allegedly conflicted with Ohio election law. Though that is state law,
plaintiffs contend their claim comes within the Young exception because it is federally authorized
state law. At least one federal court has offered support for this position. Verizon Del., Inc. v. AT &
T Comm. of Del., LLC, et al., 326 F. Supp. 2d 574, 589 (D.Del. 2004) (Eleventh Amendment no bar
to cause of action against state official on state law theory where federally delegated power is at
issue). Because plaintiffs’ claim falls outside the Young exception for other reasons, I do not reach
this question.
state officers for prospective injunctive relief to prevent a continuing violation of federal law. Ex
parte Young, 209 U.S. 155-56, 159 (1908).
Here, plaintiffs claim their suit comes within the Young exception. While plaintiffs seek
prospective injunctive relief and Secretary Blackwell’s actions arguably conflict with federal law,1
the alleged violation is not a continuing one and sovereign immunity therefore bars this cause of
action. The Young exception only allows suits where “a violation of federal law by a state official
is ongoing as opposed to cases in which federal law has been violated at one time or over a period
of time in the past.” Papasan v. Allain, 478 U.S. 265, 277-78 (1986).
Here, Secretary Blackwell’s alleged violation occurred more than a year ago. Because
Secretary Blackwell limited the effect of directive 2004-58 to the 2004 election, any alleged
violation is no longer ongoing. Consequently, this suit falls outside the Young exception.

Conclusion
For the foregoing reasons, it is therefore,
ORDERED THAT defendant’s motion to dismiss be, and the same hereby is, granted.
So ordered.

s/James G. Carr
James G. Carr
Chief Judge

-snip-

[CornField]

36. Are they still considering the appeal?

Now, granted, I hit "outrage overload" and deliberately stayed away from news about the election for a few months. Still, if there was a lawsuit filed, did no news person pick it up? I don't remember hearing anything on the news networks or on the traditional networks about it. Further, I don't remember any of the newspapers I read picking up an AP story about it.

I wonder if a petition of the voters of Ohio would make a difference -- as to pressuring the judiciary to re-hear the case.

[eomer]

37. Apparently they filed another motion after the dismissal.

The dismissal occurred on 2/7. Apparently they filed a motion about 10 days later. That's the latest I can find about it. I assume the motion is pending since NVRI hasn't release anything more recent than that.

I think you make a good point about whether public scrutiny and pressure would make a difference. It seems to me that it would (but don't go by me -- I can't figure out office politics, much less this big dog stuff).

http://www.votetrustusa.org/index.php?option=com_content&task=view&id=962&Itemid=113

Cobb Demands Reinstatement of Ohio Recount Lawsuit

By Blair Bobier, Green Party Media Director
February 22, 2006
The Ohio Recount lawsuit, which was dismissed by a federal judge earlier this month, should be re-instated because Ohio Secretary of State Kenneth Blackwell is still using the same flawed recount procedures he did in 2004, according to a Motion filed Friday by lawyers for 2004 Green Party presidential candidate David Cobb (pictured at right).

"Our suit was dismissed on the basis that Blackwell's obstruction of the 2004 presidential recount is now a moot issue. However, in making his ruling, the judge was unaware that Blackwell issued recount guidelines in 2005 which are identical to the inadequate procedures he used in 2004. Our Motion to the Court asks the judge to take this new information into account and to deny Blackwell's Motion to Dismiss the case," said Blair Bobier, the Media Director for the Green Party's 2004 presidential campaign.

Lawyers representing Cobb and his Libertarian counterpart, Michael Badnarik, filed the Motion to Alter and Amend on February 17, 2006, in the U.S. District Court in Toledo, Ohio.

-snip-

[Kurovski]

38. K&R

It grows more obvious by the day--since 2000, it's been a coup by machine, machinations and corrupt Supreme Court members.

[nolabels]

39. I love kinking this thread just because It just seems like the thing to do

Pushing off hard in remembering the effing crooks don't even belong there and others should be in jail for helping put them there in the first place. Like why debate the morals of a bunch of criminals anyway?

[me b zola]

40. Vindication!!!!!

:kick: