Judge Denies Demand for Ohio Recount

[AnIndependentTexan]

http://news.yahoo.com/news?tmpl=story&u=/ap/20041124/ap_on_re_us/ohio_vote_2

1 hour, 2 minutes ago

TOLEDO, Ohio - A federal judge on Tuesday denied a request by third-party presidential candidates who wanted to force a recount of Ohio ballots even before the official count was finished.



Judge James G. Carr in Toledo ruled that the candidates have a right under Ohio law to a recount, but said it can wait. The judge wrote that he saw no reason to interfere with the final stages of Ohio's electoral process. Officials have said the results will be certified by Dec. 6.


The lawsuit by Green Party presidential candidate David Cobb and Libertarian candidate Michael Badnarik had asked Carr to issue an order requiring Ohio Secretary of State Kenneth Blackwell to immediately begin statewide recount of Nov. 2 voting results.


The candidates received a combined 0.26 percent of the vote in unofficial results. But they contend a recount is necessary to ensure accuracy.

[AnIndependentTexan]

1. what do we do now?

[pointsoflight]

4. Just for clarity, the recount is still on, it just can't start early.

What was denied here was the request to start the recount before the certification was complete. The recount will still happen, it just won't start until Dec 6.

[tuvor]

5. The official count hasn't finished yet.

Maybe a stalling tactic, but how can you have a recount when the first count isn't even final?

Or am I missing something here?

[pointsoflight]

8. The concern is that it'll allow Blackwell to run out the clock.

They might try to claim that a recount is not possible in the one week available from Dec 6 to Dec 13, when the electoral votes are cast.

[Eric J in MN]

13. We need to get the word to John Kerry's associates that he must

join the lawsuit for them to start counting before December 6.

[aprillcm]

2. What Party is the Judge in??

Or do I even have to ask!

[Rockholm]

3. OOOOh, those "activist" judges.

[merh]

6. Would you guys get your headline and your story straight, please?

The judge ruled that the counting by the SOS had to be completed and the final tally and votes certified by the SOS before a recount could be ordere. He did not rule that there could be no recount. He said that it was premature to order one now.

"Judge James G. Carr in Toledo ruled that the candidates have a right under Ohio law to a recount, but said it can wait. The judge wrote that he saw no reason to interfere with the final stages of Ohio's electoral process."

Federal court is not going to interfere with State's laws regarding elections.

Judge said candidates have a right to a recount.

Please revise your header!

[Dancing_Dave]

7. DECEPTIVE HEADLINE!

If you read the story carefully, the Judge actually said that the plaintiffs DO have a right under Ohio law to recount, but only after the official count is finished and released.

It's really better this way anyhow, because now we will have to counts to compare for tell-tale irregularities. There was no sense in Cobb and Badnarik trying to rush the process.

But regardless of the recount, the Ohio vote also needs to be challenged for disenfranchizement that won't show in a recount. Some people need to be busted, pay some hefty fines or do some time for criminal vote suppression activities!

[AnIndependentTexan]

9. just goes to show more media biased

[rodeodance]

10. stupid headline--lets all email the paper!!

[IAMREALITY]

11. Oy

People, the headline is fine. It says he denied the demand, that is in fact what he did. There was a lawsuit to DEMAND the recount to be done now, or sooner. That demand was denied.

It doesn't say the Judge Denied the REQUEST for a recount, which would've been misleading....

[Paligal]

14. Judge's hands are tied, Blackwell is the crook here

A judge can only enforce the law, which is that all votes must be counted before a REcount can begin. But Blackwell is drawing that process out to the very deadline- totally unnecessary, and a purely mean stalling technique. He knows that if they can't start the recount until the 6th, there is little chance they can finish the recount by the 13th, when the electoral college votes. Dirty, slimy tricks.

BUT, I read somewhere that while we all believe that the 13th is our cutoff date, it actually might be January 6th, when the Congress opens the results of the electoral college vote. If any fraud is discovered between the 13th of Dec. and the 6th of Jan., it would take ONE congressman and ONE senator to initiate a vote, where a majority vote in Congress and Senate could still overturn the electoral college result. It's a long shot, but still. ALL hope isn't lost on the 13th.

[Eric J in MN]

15. If Kerry were a plaintiff, the judge would have ruled to start the hand-

count ASAP.

[Tace]

12. Tick Tock, Tick Tock, Tick Tock...

And the deadlines are arbitrary! They're gunna' run out the clock and act like it means something, then hang a legal ruling on it, just like 2000. And I'm supposed to accept it... NOT!

[rdmccur]

16. NH

What's going on in the New Hampshire recount? Are they checking the tabulations as well?

[Name removed]

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