Posted on 11/23/2004 7:34:30 PM PST by jmstein7
The relevant portion of Ohio election law reads as follows:
TITLE 35. ELECTIONS
CHAPTER 3515. RECOUNT; CONTEST OF ELECTIONS
RECOUNT
§ 3515.01. Persons eligible to apply for recount
Any person who was a candidate at a general, special, or primary election for election to an office or position who was not declared elected may file with the board of a county a written application for a recount of the votes cast at such election in any precinct in such county for all candidates for election to such office or position.
This statute, and the statutes that comprise the recount provision of Chapter 3515, make it abundantly clear that the law is designed to accommodate candidates who h, given a recount, they have a reasonable expectation of victory -- their OWN victory.
All the Green Party and Libertarians have said is that they want to ensure an "accurate count." What the Green Party and Libertarian Party are doing is abusing and misusing the statute -- at GREAT cost to all citizens of Ohio.
Therefore, I anticipate that Ohio Secretary of State, J. Kenneth Blackwell, will deny the request for a recount -- probably on these very grounds.
If they go to Court, it is likely that the judge will find that a candidate must have a reasonable expectation of winning to make use of the Ohio recount provision -- which is costly and time consuming.
Bottom line -- if the DUmmies want a recount in Ohio, John Kerry himself must request it. The Democratic Party cannot make the request... it must be from a candidate.
As an Ohioan, I would rather have him as our governor starting in January 2007.
Agreed, Carr said little about the actual right, just slapped down the arrogant attempt by the gnats and moonbats to force the counties to speed up their counting so they could have their precious recount.
Carr could not speak directly to the Ohio law as to the recount request, only to the argument that the counties speed the process for their convenience. He did affirm their right to ask for a recount.
A close reading of the statute, however, shows that the Secretary of State has the option to turn them down. If Blackwell so chooses, the appeal would have to go through the state courts because the Sixth will not get involved in a state election issue. Only the US Supreme Court can get involved, and that only from an appeal after an OSSS ruling.
What the Losertarian/Geek crew did was overreach and give Blackwell an excuse to tear up the check. The judge did find there was no cause for injunctive relief. Blackwell could say there is no reason for two fringe parties to ask for a recount if they have no chance of winning. Asking for some inane "all the ballots must be counted" canard isn't worth spending 1.5 million in a race where the winning candidate won by 140K votes.
Also, Blackwell would have to force the Democrats to file a recount themselves. After all, they're the only party who theoretically might benefit from a recount, not these losers.
What's left is the equal protection lawsuit which is supposed to go before a state judge. That won't go anywhere because Ohio law is clear and county-based discretion is traditionally supported.
Blackwell had better reject their request or Ohio will have waves of human garbage infest 88 courthouses with their insanity. The people of Ohio have no idea to the extent these loons will behave if they show up as "observers".
Thanks for the ping. Interesting!
I guess this means ol' Bev is off the hook... or is she?
BTT!!!!!!!
Smoke 'em out ~ Bump!
PING!
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