New Ohio law allows Attorney General to prosecute election law violations

[eomer]

Marc Dann, Democratic candidate for Ohio Attorney General, points out that Ohio H.B. 3, which was signed into law in January '06, contains a provision that allows the Ohio Attorney General to prosecute violations of election law if county prosecutors fail to do so. The Ohio AG does not have authority over criminal matters for the most part (according to Dann) but the new law creates an exception for election law violations.

Dann was a guest October 7th on Ring of Fire (Bobby Kennedy, Jr. and Mike Papantonio radio show on Air America Radio). He pledged to use this new authority of the AG, if elected, to investigate the 2004 presidential election. He said that the statute of limitations on violations of election law is 5 years and therefore will not have run out when he takes office.

You can listen to the Ring of Fire October 7 show by podcasting it. The Marc Dann interview is in Hour 1. Go to the Ring of Fire website to set up the podcast.

Or, easier yet, here is a blog page that reports on remarks that Dann made in a conference call, if you don't know how to set up to receive the podcast and don't mind getting the information from an anonymous blogger.

Here's an excerpt from that blog:

Last night I participated in a conference call with several Ohio bloggers and attorney general candidate State Sen. Marc Dann (D-Liberty Township). Dann used the call to highlight the newly enhanced role of the attorney general in investigating and prosecuting election law violations.

Dann remarked that Ohio elections have been the shame of the nation when they should be the pride of the nation. What may help to change this deplorable situation is a little-discussed provision of this year's "election reform" law, H.B. 3, which invests the attorney general with power to prosecute election law violations in cases where county prosecutors decline to do so. Prosecution of such violations by local officials in the past has been very limited because of the cost and because the targeted activity may extend beyond a single county. Pursuing enforcement at the state level will bring greater expertise, resources, and scope to bear on the problem, if Ohio has an attorney general willing and able to act aggressively.

The deterrent effect of attorney general authority over prosecuting election law violations is very important, Dann said. Part of the reason that corruption has flourished in Ohio is because the perpetrators have not been afraid of being caught. This is why Tom Noe actually said to an associate that the Bureau of Workers Compensation investment fund was like his personal ATM machine – he had no fear of being detected and prosecuted. The history of opponent Betty Montgomery (R) in other areas is to turn her head the other way when she had the chance to intervene. The very prospect that Dann may hold the office next year, with authority to investigate elections irregularities, may be enough to deter misconduct that might otherwise occur in the handling of the 2006 elections.

[no_hypocrisy]

1. Can the Ohio citizenry use a Writ of Mandamus if the Secretary

fails or refuses to prosecute violations of election laws?

[eomer]

2. That I don't know, but what the citizenry can do right now is elect

Marc Dann(D) as Ohio Attorney General.

[Wilms]

3. Sounds like a plan. n/t

[BillORightsMan]

4. Misconduct ?

"The very prospect that Dann may hold the office next year, with authority to investigate elections irregularities, may be enough to deter misconduct that might otherwise occur in the handling of the 2006 elections."

uh...unless the "misconduct" results in Dann losing...

Just sayin'....

:patriot:

[DeeDeeNY]

5. I agree with your comment

That was my first reaction, and I am hoping I'm being too pessimistic.