Skip to comments.
Ohio Supreme Court Rules to Allow Challengers
The Ohio Supreme Court ^
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 courts 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 ...
TOPICS: Breaking News; Government; News/Current Events; Politics/Elections; US: Ohio
KEYWORDS: 2004electionfraud; 2004votefraud; 2004voterfraud; badnews4osama; brownshirtsforkerry; bush; cameras; challengers; crime; democratscheat; dirtytricks; dnc; dnctalkingpoints; doublestandard; election; electionlaws; feclaws; floriduh; fraud; howtostealanelection; hypocrites; intimidation; kerry; legalvotesonlyplease; michaelmoore; napalminthemorning; observers; ohio; ohiofraud; ohiovotefraud; polls; pollwatchers; pollwatching; projection; rats; ratsfoiledagain; rattricks; videocameras; votefraud; voterfraud; voterintimidation
Navigation: use the links below to view more comments.
first previous 1-20 ... 41-60, 61-80, 81-100 ... 181-188 next last
To: seamole
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?
61
posted on
11/01/2004 5:31:02 PM PST
by
Keith59
To: mwl1
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.
62
posted on
11/01/2004 5:31:18 PM PST
by
kazander
To: CedarDave
Actually, it's 5-4. Apparently Gorman felt neccessary to write his own dissent.
To: laconic
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.
To: RightFighter
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).
65
posted on
11/01/2004 5:32:11 PM PST
by
TonyInOhio
(We meet at dawn tomorrow.)
To: BCrago66
"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
66
posted on
11/01/2004 5:32:39 PM PST
by
Revel
To: TonyInOhio
FoxNews just stated that the 6th Circuit Appeals court reversed both federal court rulings!!!!!!~!~!
To: RightthinkinAmerican
68
posted on
11/01/2004 5:33:43 PM PST
by
ShandaLear
(Vote Kerry! He knows what you've got and just who to give it to!)
To: IMRight
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.
69
posted on
11/01/2004 5:33:48 PM PST
by
bill1952
("All that we do is done with an eye towards something else.")
To: Revel
Just broke this story on Fox...."democrat set back victory for republicans"
To: Extremely Extreme Extremist
It means that Clinton appointee bee-yotch Judge Dlott was smacked down.
IN YER FACE BEEEITCH!!!
heh heh
FGS
71
posted on
11/01/2004 5:33:59 PM PST
by
ForGod'sSake
(ABCNNBCBS: An enemy at the gates is less formidable, for he is known and carries his banner openly.)
To: RightFighter
Whut? This is really confusing; there's another thread here stating that the three judge panel on the Sixth Circuit upheld Dlott.
72
posted on
11/01/2004 5:34:12 PM PST
by
laconic
To: BCrago66
So we should have the 6th Circuit sometime tonight decide this, is that correct?
To: Revel
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.
To: KMC1
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.
75
posted on
11/01/2004 5:34:50 PM PST
by
dalight
To: RightFighter
Things already are getting the feeling of election 2000. This is probably just a pea in the pod of what is comming.
76
posted on
11/01/2004 5:34:54 PM PST
by
Revel
To: kazander
Yes, Fox just confirmed it is the 6th Circuit Ct of Appeals that reversed this...not the Ohio Supreme Ct.
77
posted on
11/01/2004 5:34:57 PM PST
by
cwb
(Only a Democrat could think that "truth" is partisan.)
To: laconic
To: KMC1
Honey, Glenn's been gone.
Blackwell is going to be Governor in 2006.
79
posted on
11/01/2004 5:35:05 PM PST
by
mabelkitty
(Why isn't outsourcing bad when Hollywood does it for low-cost Toronto?)
To: RightFighter
Fox News just reporting this! The good guys win!
80
posted on
11/01/2004 5:35:26 PM PST
by
WestVirginiaRebel
("Vote for Kerry for your own security. I'm Osama Bin Laden and I approved this message.")
Navigation: use the links below to view more comments.
first previous 1-20 ... 41-60, 61-80, 81-100 ... 181-188 next last
Disclaimer:
Opinions posted on Free Republic are those of the individual
posters and do not necessarily represent the opinion of Free Republic or its
management. All materials posted herein are protected by copyright law and the
exemption for fair use of copyrighted works.
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson