"Mismatch” legal battle moves to Ohio Supreme Court

[annabanana]

Source: Dayton Daily News

Just hours after the Ohio Republican Party lost in the U.S. Supreme Court, the battle over mismatched voter registrations has moved to the all-Republican Ohio Supreme Court in Columbus.

A lawsuit filed on Friday, Oct. 17, against Democratic Secretary of State Jennifer Brunner (pictured) asks the Ohio court to tell Brunner to tell county boards of elections not to process or count absentee ballots cast by voters registered after Jan. 1 before reviewing them for mismatches.

The lawsuit was filed by David Myhal of New Albany, a Columbus suburb. Myhal is a registered Republican in Franklin County and one of his attorneys is William Todd of Columbus who has close ties to the Republican party. The Ohio Republican Party is not an official party to the lawsuit, however.

The new lawsuit deals only with absentee ballots; the U.S. Supreme Court suit included an estimated 200,000 mismatches among nearly 666,000 voters registered since Jan. 1.



Read more: http://www.daytondailynews.com/o/content/shared-gen/blogs/dayton/ohiopolitics/entries/2008/10/18/mismatch_legal_battle_moves_to.html

---

It sounds like this guy is a one man disaster zone. He is one of the ones that we will have to watch out for if Obama takes it big.

[bluestateguy]

1. Why won't this issue just go away?

What part of "they lost, get over it", do they not understand?

[HereSince1628]

20. Why doesn't the antievolution in school issue go away. nt

[Miss Chybil]

2. Republicans don't want people to vote.

It's sad, really, since their the ones who want to spread democracy around so much.

[CitizenPatriot]

3. Hey, GOP -- while your out nation building in other countries

do you think you could spare a bit of help here in the USA? We've lost our right to vote and democracy has taken a huge hit fromm the Neo-Fascist regime of the GOP....er....Yeah.

[liam_laddie]

4. There's a Federal law

or so I thought, that prohibits purging voter rolls less than 90 days before a national election. Can anyone confirm? If so, why do any of these suits have standing? Does it all get down to some narrow parsing of the words, verbs and terms?

[Kukesa]

5. "There are no national standards" according to CBS news.

Link here:

http://www.cbsnews.com/stories/2008/09/30/eveningnews/main4490682.shtml

I thought the same as you did, Mr. Laddie. I'm feeling sorry for Jennifer Brunner.

:crazy:

[jjanpundt]

6. Brunner is really putting up a fight, but these rules and regs

are making me crazy. Would it be easier to have a cut and dried federal voting rules/regs that states have to use? Or is it easier to have each state make up their own rules? Personally, I think we should go back to paper ballots and handcounting with "watchdogs" to make sure nothing goes wrong.

[catrose]

8. Well, there's supposed to be

but some states haven't played along:
http://democurmudgeon.blogspot.com/2008/10/federally-mandated-90-day-pre-election.html

[droidamus2]

21. well

As a great statesman said 'I guess it means what the meaning of is is'.

[yardwork]

7. New Albany, OH is full of Pukes. It's Bush-central.

[kimmylavin]

9. What?

How can you lose in the Supreme Court, and then move on to a lower court?

[happyslug]

15. The US Supreme Court said under federal law, only the AG can bring an action.

See my previous post on another DU Site for more details ON the federal law:
http://www.democraticunderground.com/discuss/duboard.php?az=show_mesg&forum=102&topic_id=3548880&mesg_id=3550139

Remember the Federal Court said they is no PRIVATE cause of action under Federal law, and dismissed the action for only the Attorney General (AG) of the US is the only person authorized to bring an action against a state for non-compliance with Federal Law.

That does NOT exclude any action in STATE COURT under STATE LAW. This is what the plaintiff has done, filed a compliant in Ohio State Court that the action of the Ohio violates Ohio Law. This is a Claim under State law and thus permitted under the US Supreme Court Decision that FEDERAL law does NOT permit Private Citizens to bring an Action in FEDERAL COURT.

[kimmylavin]

17. Okay, thanks for that. n/t

[jazzjunkysue]

10. Only 5 comments: You can use a fake email: DU this! Leave a comment.

I just made up a yahoo address and it's up live.

Go over and make a comment about election fraud.

Don't call it voter fraud: That's their issue and their language. There is no vote fraud: It's election fraud.

[99th_Monkey]

11. Since when can a case be smacked down by SCOTUS, but then appeal to a LOWER COURT?????????? ~nt~

[shadowknows69]

14. I was scratching my head over that one too

But I've long since stopped looking for logical explanations for things. It makes my head hurt.

[texpatriot2004]

12. So, they are still fighting the same issue? A variation of a theme?

Is that right?

[downindixie]

13. I really don't think that the Ohio Supreme court would

want to hear this case and risk pissing off the SCROTUS!

[happyslug]

16. Different Set of law involved, this is a claim under Ohio NOT Federal law.

Thus no Federal Cause of Action and thus No appeal to Federal Court on this issue. Remember this is a new Claim under Ohio Law NOT Federal Law, and unless someone finds a federal cause of action there is no way to take this case to Federal Court.

[Boo Boo]

18. Notice they only want to purge voters registered this year

They know that those voters are overwhelmingly Democrats.

[ConcernedCanuk]

19. "666,000 voters registered since Jan. 1" - the devil made them do it!

.
.
.