Posted on 11/15/2008 6:47:04 PM PST by randita
27,000 county ballots on hold
Federal judge or Brunner to decide which to count
Saturday, November 15, 2008 3:26 AM By Barbara Carmen and Mark Niquette
THE COLUMBUS DISPATCH
More than 27,000 provisional ballots, needed to call the closest congressional race in the country, will wait for either a court ruling today or a tiebreaker vote Tuesday from Secretary of State Jennifer Brunner.
The Franklin County Board of Elections split along party lines in a stalemate last night that will temporarily delay counting those provisional ballots. But the board still expects to reveal and certify the official election results on Nov. 25.
By then, it will have direction from either a court or Brunner. At issue is the outcome of the 15th Congressional District race, in which Republican Steve Stivers leads Democrat Mary Jo Kilroy by fewer than 400 votes. Races for two Ohio House seats, in the 19th and 20th districts, also are too close to call.
The two Republican members of the elections board are backed by an opinion from county Prosecutor Ron O'Brien, also a Republican, who told them that about 1,000 provisional ballots are blatantly flawed and shouldn't be counted.
Those ballots lack the voter's signature, printed name or proof of identification, such as a driver's license number.
"It is crystal clear the deficiency which under the law would disqualify this ballot," said Doug Preisse, chairman of the elections board and the Franklin County GOP.
But Brunner, a Democrat, argues that state law does not require voters to both print and sign their names on the provisional-ballot envelopes or complete an affirmation statement for a ballot to be counted, as long as the board can confirm the identity and eligibility of the voter.
On behalf of Stivers' campaign, two county voters filed a lawsuit Thursday in the all-Republican Ohio Supreme Court seeking an order that the provisional ballots in dispute not be counted.
Yesterday, Brunner had the case removed to federal court and consolidated with a pending 2006 case that deals with provisional ballots. It is being handled by U.S. District Judge Algenon L. Marbley, who was appointed by former President Bill Clinton.
Marbley has called a 9 a.m. hearing for today on a request to have the case sent back to the Ohio Supreme Court to decide, or for a temporary order to halt any processing of provisional ballots until the legal dispute is resolved.
The state's highest court issued a ruling yesterday saying it might suspend its rules and take action if Marbley sends the case back.
O'Brien advised the board to wait for today's court action, then told board members that signatures were absolutely necessary because voters are swearing they're not committing fraud.
The two Democratic members, backed by an opinion from Brunner, argued that such oversights are poll-worker error because they didn't make sure the ballot information envelopes were properly completed.
"I believe it is not a fatal flaw," said William A. Anthony Jr., vice chairman of the elections board and chairman of the county Democratic Party. "We should be processing and allowing as many people as possible to vote."
Brunner is expected to cast the tie-breaking vote on Tuesday if the court doesn't intervene. Under Ohio law, all provisional ballots must be counted as a batch, so the tally for all will await a decision on some.
The board also voted unanimously to refer 13 more cases of possible voter fraud to O'Brien for potential prosecution. A few of those voters cast ballots in two counties, didn't have permanent residency in Ohio, weren't citizens or listed a post-office box for multiple registrations thought to be fraudulent.
But Brunner, a Democrat, argues that state law does not require voters to both print and sign their names on the provisional-ballot envelopes or complete an affirmation statement for a ballot to be counted, as long as the board can confirm the identity and eligibility of the voter.
I think this was their way to steal Ohio, should it have been close.
This “election” has been nothing but a huge farce and a joke. How appropriate that some named Barack HUSSEIN Obama was “elected.”
Congresswoman Kilroy, welcome to the New America. Have a seat.
Barack HUSSEIN Obama bought the election.
Barf.....there was an editorial in the local paper today about what a great job she did! lol
I read that OH had around 193,000 provisional ballots cast-a record amount for the state. That’s unbelievable. They had well over 100,000 even in 2004. That is ridiculous.
Most states only have a few thousand of these.
If that's the law then, NUFF SAID!
Agree. It’s nice to know that the Oval Office is worth at least 670 million.
Voter fraud was huge this time around. It’s the only way DemocRATS can get themselves “elected”.
It is amazing the people forget that there was a time when brother turned on brother in order to save this nation.
If only he would’ve used that money to bail out the automakers...oh, wait, nevermind.
This is the same idiot who tried to throw out thousands of absentee ballot request cards (sent out by the GOP) because they had a box not being checked.
So basically this thief is saying as long as they are on the voter rolls, and scribbled a name, they should be counted?
The folks in Ohio should be outraged at this.
I voted absentee in Columbus and was told by the man working the counter that I had to provide either my DL # or last 4 of my SS # on the envelope along with having to sign my name.
I worked at the polls on polling day and though most had ID, some had moved since they registered or had other problems. They were given provisional ballots and given a paper that said they had to go to the county office downtown with proper documentation to ensure their votes count.
I assume if after separating the valid from the potentially void ballots, they (the Rats) still don’t get the results they want they’ll keep counting the undocumented ballots until they do. Then they’ll toss the rest out.
I voted for Stivers fully expecting him to lose (he ran with little money, and the incumbent Pryce barely beat Kilroy in 2006.) The ‘Rats were as surprised as me to see Stivers about to win and have resorted to stealing the election.
When directions are not followed, it's obviously because they are too complicated. Print AND sign your name. What democrat can do both?
This is all immaterial. All contested Congressional races are decided by the House of Representatives (Article I Section 5). When the Democrats control the House of Representatives, all contested races are awarded to the Democrat. So all Brunner has to do is contest the race, and by virtue of being a Democrat will be seated.
To a Democrat, “fair” means that the Democrats came out ahead. Kind of like “Mir” for a communist. And the press remains silent.
We are. The whole provisional balloting thing is being done on the honor system. Sure they are asking for the last 4 SS# or DL#, but that will never be verified.
It may soon come to the point where Patriots will need to step forward to stop this unsavory situation from bearing its ugly fruit.
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