Ohio Supreme Court Rules to Allow Challengers

The Ohio Supreme Court ^

[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.

[Keith59]

I hate to admit this. But does this ruler over rule the Fed Judges? CNN.COM stills says the Fed Judges bar challengers. Which is the most current?

[kazander]

Actually, its the 6th Circuit that has been said affirmed the district court.

Way too confusing right now, and I'm a lawyer to boot!

Other thread is at: http://www.freerepublic.com/focus/f-news/1265607/posts

Sorry for the lack of hyperlink.

[chet_in_ny]

Actually, it's 5-4. Apparently Gorman felt neccessary to write his own dissent.

[AndyJackson]

so I assume any federal appellate court would grant it deference on a theory of adequate and independent state grounds.

Since the order is from the Supreme Court based on state law, the only appeal can be to the US Supreme Court.

[TonyInOhio]

It's clear when you read this decision that they're responding to the federal court decisions, because the dissenters discuss the issues raised by Judge Dlott.

No, this decision reverses a state court decision by Judge O'Donnell of Cuyahoga County; the decision does not affect the federal case being appealed to the Sixth Circuit (but that decision should be out by midnight).

[Revel]

"Under the Supremacy Clause, if the 6th Circuit nixes challenges within the polling places, that trumps the state court."

If that happens then it is time for Ohio to declare its independence from the union...LOL

[RightFighter]

FoxNews just stated that the 6th Circuit Appeals court reversed both federal court rulings!!!!!!~!~!

[ShandaLear]

YES!!!!

[bill1952]

No.

Since this is SC of Ohio, it rules until another challenge is made to this ruling.

It may be possible for that other Federal Court to rule on this, as well, but I don't see how it is ripe for a challenge until an appeal of this ruling is filed.

I could be wrong, but I believe this is a victory.

[RacerX1128]

Just broke this story on Fox...."democrat set back victory for republicans"

[ForGod'sSake]

It means that Clinton appointee bee-yotch Judge Dlott was smacked down.

IN YER FACE BEEEITCH!!!

heh heh

FGS

[laconic]

Whut? This is really confusing; there's another thread here stating that the three judge panel on the Sixth Circuit upheld Dlott.

[Teslas Pigeon]

So we should have the 6th Circuit sometime tonight decide this, is that correct?

[Alas Babylon!]

Fox News right now, 6th Circuit rules for the Republicans. They can have poll watchers and challengers at each precinct. Allison Cammarata reporting it now.

[dalight]

The only problem is that Glenn is long gone and we actually have DeWine-R and Voinovich-R on the job already. Blackwell is aiming for Gov anyway.

[Revel]

Things already are getting the feeling of election 2000. This is probably just a pea in the pod of what is comming.

[cwb]

Yes, Fox just confirmed it is the 6th Circuit Ct of Appeals that reversed this...not the Ohio Supreme Ct.

[Alas Babylon!]

Nope, turn on Fox News!

[mabelkitty]

Honey, Glenn's been gone.
Blackwell is going to be Governor in 2006.

[WestVirginiaRebel]

Fox News just reporting this! The good guys win!