Posted on 11/01/2004 5:14:14 PM PST by RightFighter
This cause originated upon the filing of a complaint for a writ of mandamus. Upon consideration of relators’ motion for an emergency peremptory writ of mandamus,
IT IS HEREBY ORDERED that relators’ motion be, and hereby is, granted, and that a writ of mandamus be, and hereby is, granted to compel respondent Secretary of State J. Kenneth Blackwell to reissue and enforce his October 26, 2004 Directive 2004-45 to all eighty-eight counties insofar as it permits, in accordance with R.C. 3505.21 and 3506.13, one duly designated challenger per precinct and, after the polls close, one duly designated witness per precinct, no matter how many precincts vote at a single location.
IT IS FURTHER ORDERED that a writ of mandamus be, and hereby is, granted to compel respondent Franklin County Board of Elections and the remaining eighty-seven county boards of elections to comply with this directive. This order is based solely on this court’s interpretation of state statutes.
PFEIFER, LUNDBERG STRATTON, O'CONNOR and O'DONNELL, JJ., concur.
RESNICK, ACTING C.J., and F.E. SWEENEY, J., dissent. GORMAN, J, dissents.
ROBERT H. GORMAN, J., of the First Appellate District, sitting for MOYER, C.J.
(Excerpt) Read more at sconet.state.oh.us ...
If Micheal Moore can put his cameras there to watch people, why can't we?
$20 says that this leads to calls of voter "disenfranchisement" and Jesse Jackson pays a visit to Ohio if Kerry loses.
We have the 6th Circuit, not the 5th.
The U.S.District Court can overturn any state court decision. This isn't over.
Fox just said the Appeals court ruled for the Republicans.....
Admittedly, my fed courts jurisdiction might be a bit rusty, but my perception was that this was a matter of state law before a federal district court. If the above statement is correct, then the federal court is bound to interpret the state law as it perceives a state court would do. Thus, a state supreme court can issue a contrary ruling and be the controlling authority. If I'm wrong on my presuppositions then I defer.
That's great...a double whammy on the snakes.
Here's another little nugget.
If they go for equal protection clause, Ohio is the only state in the union that never bothered to ratify it.
Talk about yer quagmire.
There have been three rulings: (1) Judge Dlott (Federal Court - Cinci) held no challengers; (2) Judge Adams (Federal Court -- Akron) no challengers for sole purpose of challenging; and, (3) Ohio Supreme Court, Blackwell and other Ohio officials must uphold Ohio law, and allow challengers.
Now the interesting parts: The case in the Ohio Supreme Court was filed by the editor of the Columbus Dispatch. The paper had registered its reporters as poll watchers (challengers) so that they could be present at the polls. They would be barred by Dlott's ruling, maybe not by Adams, and they would have access under the Ohio Supreme Court's decision. Of course, the Order is not limited to reporters.
The decision by Judge Adams was appealed to the Sixth Circuit (federal court of appeals). It was necessary to appeal that case first, since the appeals court panel that is already assigned to Judge Dlott's case cannot be viewed as favorable to the GOP (three judges: Clinton, Clinton, Carter appointees). Now, the Ohio Supreme Court's decision will ensure that Ohio Sec. of State Blackwell works in support of the appeal. He went wobbly on this last week, trying to protect his own political interests rather than the GOP's.
Judge Dlott's decision will also be appealed, but (maybe) only after a new panel is assigned to the Judge Adams. Judge shopping is probably happening in a way that would be viewed as positive here.
Does this mean that Mary Poppins won't get to vote?
That is exactly right. We are in perilous times. I used to live in Cleveland. I know a few pro-Bush union folks up there, so all is not lost.
Yeah...I couldn't open up the PDF, but it appears they ruled the same. Democrats gotta be p*ssed.
I like your choice of words. :-))
Fox said Federal appeals court ruled for the Republicans....
time to dance around the aluminum pole!
Tommorrow we have the feats of strength!
Your post is already outdated. The appeals court has overturned both federal court rulings. Challengers WILL BE ALLOWED!
Tell me... this is really GOOD news.
But now, Fox is apparently reporting that the Sixth Circuit panel has overturned the Adams and Dlott decisions. What a tangled web, but it sounds like we won this issue hands down.
This is a decision of the OSC, but the latest dcsision actually came down from the 6th Circuit Court of Appeals saying that Observers ARE allowed to be inside the Precinct.
RamS
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