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Second lawsuit challenges Ohio provisional voting rules (Ohio SOS under fire)
The Cleveland Plain Dealer ^ | 10/6/2004 | Scott Hiaasen

Posted on 10/08/2004 9:34:41 AM PDT by mabelkitty

A voting-rights group filed a lawsuit Tuesday challenging Ohio Secretary of State Kenneth Blackwell's rules on provisional voting - the second such legal challenge over the controversial issue.

The suit, filed by the Ohio Voter Protection Project, says Blackwell will require some first-time voters to show identification before receiving a provisional ballot on Election Day - a violation of the federal Help America Vote Act, or HAVA.

The group, which includes several labor unions and the Ohio League of Women Voters, also challenged a Blackwell order that says voters who appear at the wrong voting precinct may not receive a provisional ballot.

The state Democratic Party has already gone to court over that issue, and a federal judge is expected to decide the case next week.

snip Blackwell, citing state law, has told local election officials that these ballots must be given only to voters who appear at the correct precinct. But the lawsuits say the state's rules should have been changed after Congress passed HAVA in 2002, a law that encouraged the use of provisional ballots so legitimate voters aren't turned away.

(Excerpt) Read more at cleveland.com ...


TOPICS: Crime/Corruption; Culture/Society; Extended News; Front Page News; Government; News/Current Events; Politics/Elections; US: Ohio
KEYWORDS: ballot; electionfraud; votefraud; voterid
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Democrats submitted thousands of fraudulent or duplicate voter registrations. Their plan is to import voters and have them demand a provisional ballot (because they know the name won't be on the rolls). So, they are suing SOS Ken Blackwell to change the rules in their favor.
1 posted on 10/08/2004 9:34:41 AM PDT by mabelkitty
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To: mabelkitty

The democrats are turning the United States into a banana republic.


2 posted on 10/08/2004 9:37:10 AM PDT by MamaLucci (Libs, want answers on 911? Ask Clinton why he met with Monica more than with his CIA director.)
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To: mabelkitty

Soros again!


3 posted on 10/08/2004 9:38:17 AM PDT by ruoflaw
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To: mabelkitty

They can whine all they want, the courts will rule in Blackwells favor.


4 posted on 10/08/2004 9:39:48 AM PDT by Bikers4Bush (Flood waters rising, heading for more conservative ground. Vote for true conservatives!)
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To: mabelkitty

Did John Edwards lend his legal prowess to the DNC in finding ways to destroy our democratic voting system? The DNC is a joke. People who can't figure out how to vote in a legal and proper way, can't find their way to the correct place to vote, probably should not vote--their ballot shows ignorance.


5 posted on 10/08/2004 9:40:58 AM PDT by truthingod
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To: mabelkitty
The suit, filed by the Ohio Voter Protection Project, says Blackwell will require some first-time voters to show identification before receiving a provisional ballot on Election Day - a violation of the federal Help America Vote Act, or HAVA.

This is EXACTLY what the RATS did in NM and there was litigation which finally ended up before the NM Supreme Court and they ruled in favor of the RATS. ALL of those illegal voters can vote with NO ID!!! Voter fraud will throw this election to Kerry!

6 posted on 10/08/2004 9:42:29 AM PDT by NRA2BFree
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To: Bikers4Bush

Blackwell holding firm.


7 posted on 10/08/2004 9:42:30 AM PDT by LS
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To: Bikers4Bush

I hope so. Makes Blackwell look good for his 2006 Gubernatorial bid!


8 posted on 10/08/2004 9:44:16 AM PDT by RockinRight (John Kerry is the wrong candidate, for the wrong country, at the wrong time)
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To: truthingod

I have to go to the correct precinct and vote or I can't vote.


9 posted on 10/08/2004 9:47:59 AM PDT by ruoflaw
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To: LS

He's very smart.
He knows what is going on.
You can't force every county to process registrations correctly - they either don't have the will or the manpower. This, however, will mandate that the law is followed.
I wonder if they take volunteers to help the "newly stupid" voter in finding their precinct? This might be something that we could do on that day.


10 posted on 10/08/2004 9:50:48 AM PDT by mabelkitty (Beginning of the end....http://www.freerepublic.com/focus/news/1236609/posts?page=3)
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To: ruoflaw

I saw the following two cases of voter fraud in the news and sent these items to the e-mail below:
voterfraud@gmail.com



Bush, Cheney Left Off Clark County, Missouri, Absentee Ballot
(CNSNews.com) - Election officials in Carter County, Missouri, say they did not mean to omit the names of President Bush and Vice President Cheney on several hundred absentee ballots they started mailing out last month. Read News on the Web


http://www.palmbeachpost.com/politics/content/local_news/epaper/2004/10/08/s1d_ELECT_1008.html
Muslim get-out-vote unit pushes deadline
By Dara Kam

Special to The Palm Beach Post

Friday, October 08, 2004

Theresa LePore vowed to close the Palm Beach County elections office at 5 p.m. Monday, the final day to register to vote in the Nov. 2 election, but a young man who arrived about 15 minutes after the deadline managed to drop off 550 applications on behalf of a group of Muslims determined to oust President Bush.

LePore, no stranger to confrontations, said the man demanded she accept the bundles of voter registration applications attached to slips of paper identifying them as having been collected by Voting Is Power, which goes by the acronym VIP and is an offshoot of the Washington-based Muslim American Society.

LePore said he showed up, carrying a box of applications, about 15 minutes after she locked the door to her office at 5 p.m. She said she told him her office was closed but he could mail the forms as long as they were postmarked by midnight that night.

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But, she said, he wasn't satisfied and managed to slip inside the lobby when someone left.

"He started hollering about disenfranchising people," said LePore, who took the box after he thrust it at her.

She said that, because some of the applications were dated in July and others were incomplete, she told him he should have turned them in on time so the potential voters could have cast ballots in the Aug. 31 primary or corrected missing information.

"Then he started saying, 'You're all alike,' or something to that effect, and 'It's better in New York,' " she said. "And I said, 'Why don't you go back to New York?' "

The man did not identify himself and Bret Wask, whose name was on the VIP labels attached to the forms, did not return numerous telephone calls to The Palm Beach Post.

LePore, who said she also let a few individuals turn in single registration forms until 6 p.m., was surprised to learn that VIP's parent group is the Muslim American Society Freedom Foundation, an organization that has a federal 501(c)3 designation for religious nonprofits. Although the group claims it is nonpartisan, its political action committee has formally endorsed John Kerry for president.

Florida is one of five battleground states Muslims have targeted for get-out-the-vote efforts, foundation Executive Director Mahdi Bray said Thursday. VIP recruiters in Florida registered about 7,000 new Muslim voters he hopes will go to the polls on Election Day and vote for Kerry, he said.

Florida has about 120,000 Arab American voters, of whom about 15 percent are Muslim, according to pollster James Zogby, president of the Arab American Institute in Washington. The other states VIP has targeted are Minnesota, Ohio, Pennsylvania and Michigan, which has 235,000 Arab American voters, the largest in the country.

"This administration's policy of preemptive war has destabilized the region," Bray said Thursday. "Many of us who know the region know that this can of worms this administration has opened, this mistaken policy, will haunt the Muslim world for years to come."

Although critical of Bush's decision to invade Iraq, Bray said that, like his peers he is pleased that Saddam Hussein was arrested.

"He's a dictator. He's a thug," he said. "But what we've done to deal with this thug and this dictator is unconscionable."

VIP is a small player in a recent phenomenon in which tax-exempt organizations — they are called 527s for the federal tax code section that authorizes them — engage in political activities such as conducting voter-registration drives and "persuasion" campaigns throughout the country.

Although the groups cannot formally endorse a party, most of them support Democratic causes and candidates. Of the top 10 527s, only one, the Club for Growth, is Republican-oriented.

The 527 advocacy groups use unlimited amounts of so-called soft money to buy radio and television advertisements and pay door-to-door canvassers, such as workers for America Coming Together, which has opened eight Florida field offices, including one in West Palm Beach, since July.

ACT's political action committee also supports Kerry. Millionaires George Soros and Peter Lewis collectively have donated more than $13 million to ACT and MoveOn.org, another pro-Kerry group, according to Internal Revenue Service records.

ACT and its partner, the Media Fund, supported by the Joint Victory Campaign 2004, have collected more than $53 million thus far, followed by 527s for the service employees' union, which has $16 million, and the union representing state, federal and municipal workers, with $13 million, according to IRS records released Monday. The unions also support Kerry.

Secretary of State Glenda Hood and Gov. Jeb Bush had criticized the 527 advocacy groups' voter registration efforts even before recent reports about irregularities with the applications surfaced throughout the state.

Law enforcement officials are investigating complaints, including unauthorized party affiliation changes, bogus voter registrations and forged absentee ballot requests, in St. Petersburg, Tallahassee and Miami-Dade County. A state department spokeswoman confirmed the U.S. Department of Justice is investigation allegations of voter fraud in Florida.

The Association of Community Organizations for Reform Now, pushing the minimum-wage ballot initiative, is under investigation in Miami-Dade County, for possible violations including registering former felons to vote. ACORN workers are cooperating in that investigation, which the group blames on a "disgruntled ex-employee," and another in St. Petersburg, in which the group is accused of changing the former mayor's party affiliation without his knowledge, said spokesman Brian Kettenring.


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11 posted on 10/08/2004 9:50:50 AM PDT by 2ThumbsUp
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To: 2ThumbsUp; sauropod
Bray said that, like his peers he is pleased that Saddam Hussein was arrested.

Bullshit, Madhi Bray has probably been in deep mourning since Saddam was captured. He is 100% pure ANSWER commie. He never wanted us to go into Afghanistan either.

They must think nobody remembers the things they say in front of working microphones at their rallies. Well, some of us do.

12 posted on 10/08/2004 9:58:18 AM PDT by hellinahandcart
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To: mabelkitty

The Democrat Party is a criminal enterprise.


13 posted on 10/08/2004 9:59:26 AM PDT by talleyman (Kriminals for Kerry - Why use a gun to steal when you can use a Democrat?)
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To: mabelkitty
several labor unions ... challenged a Blackwell order that says voters who appear at the wrong voting precinct may not receive a provisional ballot.

I can't speak for Ohio. But in Illinois watch for a labor union to drive the same group of voters around from precinct to precinct with what appear to be utility bills with addresses on them. At each precinct the "van driver" gives a new set of utility bills to the voters so they can vote in that precinct.

The "driver" is usually not a union official. He is just doing his job. Can you blame him if he gets confused about which set of utility bills to give the voters in which precinct?

Where was the US Justus Dept 3 1/2 years ago in preparing for this? They have been awol on both past and future vote fraud. Where have the State and local prosecutors and election officials been?

Where have party officials been? In Illinois the major parties appoint ALL election judges. Those election judges have wide latitude (in precedent and case law) to interpret the statutes as they see fit. The training classes for the judges that are delivered by the County Clerk/Election Board vary widely in content depending on the demographic makeup of the part of the county receiving the training.

In IL in May County and State party officials and conservative leaders were urged to seize a golden opportunity to obtain good judges and/or campaign workers. They went awol. Now at the last minute, they are sending confusing emails asking for help.

We get what we deserve. If all we do is whine and never work, what should we expect?

14 posted on 10/08/2004 10:01:16 AM PDT by NormalGuy (If not Normal, Spin it)
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To: LS

There's a local talk show host, a real creepy kind of guy, who keeps telling people they can vote in the precinct where they live, even though they aren't registered there. I never heard that, and always went to the precinct where I was registered. It is easy to plop from one precinct to the other with no checks, or way of verifying the person is actually who he or she claims to be. The talky spends his time riling the citizens. This is a small town, so all the precincts are withing a couple miles of each other.

My town is Lima, Ohio, and this guy is putting them back about 50 years. The democrats lap it up. Thank God, there's other real radio stations to tune in!


15 posted on 10/08/2004 10:17:54 AM PDT by Jaidyn
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To: MamaLucci; mabelkitty
The democrats are turning the United States into a banana republic.

As we say down South, "It ain't fer a lack of tryin'..."

I'll crosslink it to this:

Click the picture & goto "last" for the latest on Vote Fraud:


16 posted on 10/08/2004 1:43:59 PM PDT by backhoe (Just a Keyboard Cowboy, ridin' the Trackball into the Dawn of Information...)
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To: mabelkitty

How Democrats Steal Elections - Top 10 Methods of Liberal Vote Fraud

1. Over-Voting. In Democrat strongholds like St. Louis, Philadelphia and Detroit, some precincts had 100% of their registered voters voting, with 99% of the ballots going to Gore. Clearly, multiple voting resulted in extra tallies for Gore in the 2000 election. (New York Post, 12/09/00).

2. Dead Voters. This classic Democratic method of vote fraud goes all the way back to 1960 in Chicago and Dallas. The 2000 election was no exception. In Miami-Dade County, for example, some of the 144 ineligible votes (those which officials actually admitted to) were cast by dead people, including a Haitian-American who's been deceased since 1977 (Miami-Herald, 12/24/00).

3. Mystery Voters. These "voters" cast votes anyway but are not even registered to vote. In heavily Democratic Broward County, for example, more than 400 ballots were cast by non-registered voters. (Miami-Herald 1/09/01)

4. Military ballots. Many of these votes were disqualified for the most mundane and trivial reasons. At least 1,527 valid military ballots were discarded in Florida by Democratic vote counters (Drudge Report, 11/19/00).

5. Criminals. Felons are a natural Democratic voter and they're protected on voter rolls across the country. In Florida at least 445 ex-convicts - including rapists and murderers -- voted illegally on November 7th. Nearly all of them were registered Democrats. (Miami-Herald 12/01/00)

6. Illegal aliens. These voters have long been a core liberal constituency, especially in California. In Orange County in 1996, Rep. Bob Dornan had his congressional seat stolen from him when thousands of illegal aliens voted for Loretta Sanchez (Christian Science Monitor, 9/2/97).

7. Vote-buying. Purchasing votes has long been a traditional scheme by Democrats, and not just with money. In the 2000 election in Milwaukee, Wisconsin, Democratic workers initiate a "smokes-for-votes" campaign in which they paid dozens of homeless men with cigarettes if they cast ballots for Al Gore (Milwaukee Journal-Sentinel, 11/14/00).

8. Phantom Voters. These voters don't really exist, but their ballots do. In the 1996 Lousiana Senate race, GOP candidate Woody Jenkins had the election stolen from him when he discovered that 7,454 actual votes were cast but had no paper trail to authenticate them (Behind the Headlines, F.R. Duplantier, 4/27/97).

9. Dimpled chads. Those infamous punch-cards were a ballot bonanza for Al Gore. Democratic poll workers in Palm Beach, Dade and Broward counties tampered and manipulated thousands of ineligible ballots and counted them for Gore, even though no clear vote could be discerned. (NewsMax.com 11/27, 12/22, 11/18, 11/19/00).

10. Absentee ballots. Normally it's assumed that Republicans benefit from absentee ballots. But in the case of Miami's 1997 mayoral election, hundreds of absentee ballots were made for sale or sent out to non-Miami residents. Fraud was so extensive in the race that the final results were overturned in court (FL Dept. of Law Enforcement Report, 1/5/98)."

SOURCE: http://www.conservativeaction.org/resources.php3?nameid=votefraud

Links on freerepublic:
http://www.freerepublic.com/focus/keyword?k=electionfraud
http://www.freerepublic.com/focus/keyword?k=votefraud

WE MUST FIGHT VOTE FRAUD!


17 posted on 10/14/2004 12:11:15 PM PDT by hripka (There are a lot of smart people out there in FReeperLand)
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To: mabelkitty
Fox News Channel just reported that the appeals court struck down the lower court ruling. Provisional ballots cast in the wrong precinct are NOT ELIGIBLE to be counted!
18 posted on 10/23/2004 5:00:10 PM PDT by Real Cynic No More ( Kerry is the Hanoi candidate)
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To: mabelkitty

CINCINNATI - A federal appeals court ruled Saturday that provisional ballots Ohio voters cast outside their own precincts should not be counted, throwing out a lower-court decision that said such ballots are valid as long as they are cast in the correct county.


AP Photo



The ruling by the 6th U.S. Circuit Court of Appeals (news - web sites) supports an order issued by Ohio Secretary of State Kenneth Blackwell. Democrats contend the Republican official's rules are too restrictive and allege they are intended to suppress the vote.


Ohio Democrats on Saturday night decided not to file an appeal in the case, one of the first major tests of how such ballots will be handled in a close election. Polls show that the race between President Bush (news - web sites) and Sen. John Kerry (news - web sites) in the key swing state is too close to call.


Federal judges in several states have issued varying rulings on the issue of provisional ballots, which are intended to be backups for eligible voters whose names do not appear on the rolls. Saturday's ruling was the first time a federal appeals court has weighed in.


The state's Democrats had filed a lawsuit challenging Blackwell's directive instructing county elections boards not to give ballots to voters who come to the wrong precinct and to send them to the correct polling place on Election Day.


Blackwell has said allowing voters to cast a ballot wherever they show up, even if they're not registered to vote there, is a recipe for Election Day chaos.


The Ohio Democratic Party and a coalition of labor and voter rights groups had argued that Blackwell's order discriminated against the poor and minorities, who tend to move more frequently.


U.S. District Judge James Carr on Oct. 14 blocked Blackwell's directive, ruling that Ohio voters who show up at the wrong polling place still can cast ballots as long as they are in the county where they are registered. Blackwell appealed to the 6th Circuit.


"Today's ruling reaffirms Secretary Blackwell's understanding of the law," Blackwell spokesman Carlo LoParo said in a statement. "Unfortunately the frivolous lawsuits filed by the Ohio Democratic Party and its allies have needlessly wasted the valuable time of election officials across the state as they prepare for this important election."


Democrats said Saturday they were disappointed by the ruling but were ready to move on with election preparations.


"To avoid any confusion, we are not going to appeal this ruling," David Sullivan, voter protection coordinator for the Ohio Democratic Party, said in a statement. "That way we can ensure that voters and election officials understand that voters must be in the proper polling place before casting a vote."


Similar court battles are under way in other states. In Florida, a federal judge ruled Thursday that the state must reject provisional ballots if they are cast in the wrong precinct.


In Michigan, a federal judge said those ballots must be counted if cast by voters at the wrong precinct but in the right city, township or village. That decision also has been appealed to the 6th Circuit, but the appellate court has yet to issue a ruling in that case.


In Missouri and Colorado, judges have ruled that votes in the wrong place don't have to be counted.


Provisional ballots are not counted until after the election. They are set aside and inspected by Democratic and Republican election board employees to establish their validity.


States nationwide have adopted individual standards for when a provisional ballot can be cast and counted. Twenty-six states and the District of Columbia require a provisional ballot to be cast in the correct precinct, or it will not count.


In 2000, Bush beat Al Gore (news - web sites) by only 3.6 percentage points in Ohio, which went for Democrat Bill Clinton (news - web sites) in the two previous elections. More than 100,000 provisional ballots were cast in Ohio during the 2000 election.


19 posted on 10/23/2004 7:23:44 PM PDT by outlaw1_2003
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To: Bikers4Bush

What do you call 100 liberals in a basement?

A whine (wine) cellar


20 posted on 10/23/2004 7:26:41 PM PDT by april15Bendovr
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