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Kevin Spidel Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-24-04 12:36 AM
Original message
Lawsuit summary: Ohio
Lawsuit Before the Ohio Supreme Court
Summarized by Mary Anne Saucier, Columbus, Ohio



NATURE OF THE ACTION On December 13, 2004, numerous Ohio citizens contested the certification of the election of the electors pledged to George W. Bush and Richard B. Cheney for the offices, respectively, of President of the United States and Vice President of the United Sates for the terms commencing January 20, 2005 and the certification of the election of Thomas Moyer for the office of Chief Justice of the Ohio Supreme Court for the term commencing in 2005.



LAWSUIT REFILED On December 16, 2004, Chief Justice Thomas J. Moyer threw out the complaint because it had two election challenges. The following day, on December 17, thirty-seven voters and their lawyers refiled the election challenge for President and Vice President of the United States. The other case for the office of Chief Justice of the Ohio Supreme Court was refiled on December 20, 2004.



DEFENDANT-CONTESTEES are George W. Bush (candidate for the office of President of the United States of America), Richard B. Cheney (candidate for the office of Vice President of the United States of America), Karl Rove (chief election strategist and tactician for the Bush-Cheney campaign), the Bush-Cheney 2004 Committee, Thomas J. Moyer (Ohio Supreme Court Chief Justice candidate), J. Kenneth Blackwell (Ohio Secretary of State), and the 20 Ohio Bush electors.



ATTORNEYS filing the suits are Clifford O. Arnebeck Jr. (Chairman, Ohio Honest Election Campaign of The Alliance for Democracy, and Chair of Legal Affairs Committee for Common Cause-Ohio); Robert Fitrakis, PhD (Director/Editor, Columbus Free Press, and Professor of Political Science at Columbus State Community College); Susan Truitt (Co-founder of Citizens Alliance for Secure Elections-Ohio); Peter Peckarsky, Technology Lawyer, based in Washington, D. C.; and such other attorneys retained by them for the litigation.



ELECTION CONTEST The defendants are accused of being part of the pattern of vote fraud and discrimination which operated to deprive numerous Ohio citizens of their constitutional and statutory rights.



CLAIM FOR RELIEF cited:



INITIAL STATE ELECTION EXIT POLLS INDICATE KERRY-EDWARDS WON The 2004 National and State Election exit polls (interviewing voters immediately after they voted), directed by the respected and world-renowned Warren Mitofsky, showed dramatic differences between initial (uncalibrated) exit polls and the corrected exit poll (adjusted later to conform to the voting) for Ohio and a number of other states. The initial poll results were only available for a very short period of time when Andrew Card (White House Chief of Staff) claimed victory for Bush in Ohio, and called for a concession and an end to any inquiry into the results. But, when these uncorrected results are compared to the official state-by-state results, it is clear that election fraud (or other irregularity) occurred in the counting of the vote in Ohio and a number of other states.

NATIONAL EXIT POLLS INDICATE KERRY-EDWARDS WON The vote fraud in connection with the national vote may also mean that the national exit poll is the most accurate representation of the votes actually cast. This means that candidate Bush probably did not win a mandate of 3.5 million votes but actually lost the national vote by a significant margin to John Kerry. The chance of Kerry receiving a greater percentage of the popular vote than Bush in an honest election was 98.7%.



EXHIBIT A contains a paper by Steven F. Freeman, PhD, University of Pennsylvania, entitled Was the 2004 Presidential Election Honest? An Examination of Uncorrected Exit Poll Data. Part I: The Unexplained Exit Poll Discrepancy. It presents clear and convincing evidence of election fraud in ten of the battleground states (Colorado, Florida, Iowa, Michigan, Minnesota, Nevada, New Hampshire, New Mexico, Ohio, and Pennsylvania).



LAWFUL BALLOTS DESTROYED OR ALTERED; UNLAWFUL BALLOTS ADDED On information and belief, plaintiffs-contestors allege that traditional means of vote fraud were usedthat unlawful ballots were added to those cast by lawful voters and that lawfully cast ballots were either destroyed or altered. In Ohio, it is believed that at least 130,656 votes were deducted from Kerry-Edwards and added to Bush-Cheney.

ABSENTEE VOTES NOT LISTED Dr. Werner Lange studied poll books in Trumbull County and found 580 absentee votes were cast for which there was no notation of absentee voting in the poll books.

UNLAWFUL DENIAL OF ACCESS TO POLL BOOKS Secretary of State Kenneth Blackwell, also co-chair of the Ohio Bush-Cheney campaign, ordered all 88 boards of election to prevent public inspection of poll books until after certification of the vote on December 6, 2004. This apparently caused violations of R.C. 3599.161(B) and (C) and may have caused such violations by every board of elections in the stateEach violation of any provision of Title XXXv (35) is a separate instance of criminal election fraud pursuant to R.C. 3599.42 and could be a basis for removing Blackwell from office, if convicted.

THERE WAS NON-TRADITIONAL TAMPERING WITH VOTES AND THEIR TABULATION Physical or electronic access can easily be gained to the voting and vote tabulating systems.



Exhibit B, written by Chuck Herrin, CISSP, CISA, MCSE, CEH, entitled How to Hack the Vote: the Short Version, (www.chuckherrin.com/hackthevote.htm )

shows how this can be done by changing the votes actually received by one or more candidates in a race, leaving the total votes cast in the race unchanged, and erasing or falsifying the electronic audit trail which could show the access to the computer and the spreadsheet. Or unauthorized operating instructions could have been inserted into the software used to operate either the vote tabulating machines or the voting machines.



KERRY WON OHIO AND THE PRESIDENCY; ELLEN CONNALLY WON THE CHIEF JUSTICE OF THE OHIO SUPREME COURT



It is believed that due to error, fraud, or mistake that at least 130,656 votes were deducted from the total number of votes actually cast for the Kerry-Edwards ticket and added to the number of votes actually cast for the Bush-Cheney ticket. Kerry-Edwards won Ohio by at least 142,537 votes. It is thereby requested that at least 130,656 votes be added to the Kerry-Edwards ticket and the Kerry-Edwards Electoral College electors be issued certificates of election.

At the same time, it is believed that due to error, fraud, or mistake that 216,779 votes were deducted from Ellen Connally and added to those cast for Thomas J. Moyer. This means that Ellen Connally won the election for Chief Justice of the Ohio Supreme Court by at least 149,326 votes.



EXAMPLES OF CONSTITUTIONAL AND STATUTORY VIOLATIONS:



AUGLAIZE COUNTY - voting machine errors. A former employee of ES&S, the company that provides the voting systems in Auglaize County, had access to and used the main computer that is used to create the ballot and compile election resultsa violation of county board of election protocolMr. Nuss was suspended and then resigned.

CUYAHOGA COUNTY - (1) more than 10,000 voters were kept from voting; (2) in a mostly black precinct, confused results for Kerry and third party candidates indicated fraud, error, or mistake; (3)there was an effective denial of the right to cast a provisional ballot and have that provisional ballot counted. 8,099 were ruled invalid, about 1/3 of those cast; (4) voters were misled when they received phone calls incorrectly informing them that their polling place had been changed; and (5) in some cases, arrows on the absentee ballots did not align with the correct punch hole which led to voters casting a vote for a candidate other than the candidate they intended to support.

FRANKLIN COUNTY - (1) In some absentee ballots, there was lack of alignment in the punch card hole, such as occurred in Cuyahoga County; (2) about a dozen voters were told that their voting location had been changed by someone claiming to be from the County Board of Elections..; (3) there was a discriminatory assignment of more voting machines per registered voter to precincts with more white voters than African-American voters..; and (4) there were numerous reported instances of vote hopping (in which a voter selecting Kerry for President saw the choice displayed on the machine hop to Bush for President).

KNOX COUNTY (1) Mostly white precincts received more voting machines than precincts with a majority of African-American voters; and (2) certain precincts lacked enough voting machines.

HAMILTON COUNTY (1) Mostly white precincts received more voting machines than predominantly African-American precincts; (2) there were some voting machine errors keeping voters from inserting ballots all the way into certain machines; (3) candidates Kerry-Edwards names were omitted from some absentee ballots; and (4) a Republican precinct judge was asking every voter for their address and being a jerk about it.

JEFFERSON COUNTY some challenged voters were not notified that their registration was challenged and their right to vote was in question. Their names were merely published in a nearly unreadable list in the local newspaper.

LAKE COUNTY some voters received a memo on bogus Board of Elections letterhead informing voters who registered through Democratic and NAACP drives that they could not vote.

LUCAS COUNTY (1) there was discriminatory assignment of voting machines to precincts; and (2) machine errors snarled the process throughout the day. Jammed or inoperable voting machines were reported throughout the city. Lucas County Election Director Paula Hicks-Hudson said the Diebold optical scan machines jammed during testing in the weeks before the election.

MAHONING COUNTY (1) voting machine errors included one precinct recorded a negative 25 million votes; (2) twenty to thirty ES&S iVotronic machines needed to be recalibrated during the voting process because some votes for a candidate were being counted for that candidates opponent; (3) about a dozen of these machines had to be reset because they essentially froze. And, (4) there were numerous reported instances of vote hopping (in which a voter selecting Kerry for President saw the choice displayed on the machine hop to Bush for President).

MERCER COUNTY Voting machine errors showed 289 people cast (punch card) ballots, but only 51 votes were recorded for president. The countys Web site appeared to show a similar conflict It would appear that about 4,000 votes (nearly 7%) were not counted for a candidate.

MIAMI COUNTY - (1) In Concord Southwest precinct voter turnout was a highly suspect and improbable 98.55%. In Concord South precinct, there was a highly improbable 94.27% voter turnout. (2) After all precincts had reported, 18,615 votes came in and are statistically suspicious..

MONTGOMERY COUNTY - Voting machine errors showed two precincts with 25% presidential undervotes. This means no presidential vote was recorded on of the ballots. The overall undervote rate for the county was 2%. The undercount amounted to 2.8 percent of the ballots in the 231 precincts that supported candidate Kerry, but only 1.6 percent of those cast in the 354 precincts that supported candidate Bush.

SANDUSKY COUNTY - (1) There was an overcount when a computer disk containing votes was accidentally inserted into the vote tabulating machines twice by an election worker. (2) Also, it was discovered some ballots in nine precincts were counted twice.

STARK COUNTY - The Election Board rejected provisional ballots cast at the wrong precinct in the right polling place. This had been allowed in other elections.

TRUMBULL COUNTY - a voter forged a registered voters name and gave a different address. When the registered voter arrived, she was allowed to vote.

WARREN COUNTY - there were irregularities in the county on election night when officials locked down the county administration building and blocked anyone from observing the vote count.

IN SEVERAL COUNTIES, besides Franklin and Mahoning, there were numerous reported instances of vote hopping.. Kerry voters saw their votes go to Bush.



The attorneys are basing their arguments on Ohios Revised Code 3515.16, entitled Testimony in Supreme Court. All testimony will be given in the form of depositions.

The contestors may have 20 days to take and file testimony and the contestees 20 more days, but the court may render such judgments and make such orders as the law and facts warrant.



Michael I. Shamos from the Institute for Software Research International, at Carnegie Mellon University, believes it is possible to overturn the Electors vote to match the will of the people if the irregularities are enough to overcome the margin of victory.
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IndyPriest Donating Member (685 posts) Send PM | Profile | Ignore Fri Dec-24-04 12:44 AM
Response to Original message
1. This is a terrific summary of Arneck's suit! n/t
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read the law first Donating Member (398 posts) Send PM | Profile | Ignore Fri Dec-24-04 12:48 AM
Response to Original message
2. Well done. Thanks for taking the time to post this.
:toast:
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m.standridge Donating Member (269 posts) Send PM | Profile | Ignore Fri Dec-24-04 12:55 AM
Response to Original message
3. I wish, though, that I could feel that it was
more realistic to believe that the Democrats will get relief through the courts.
I'm apprehensive that won't happen. The OH Supreme Court is GOP-dominated, and so is the US.
It appears to me that the only realistic hope is whatever Congressional action can be done, on the basis of (hopefully) a fair, non-partisan FBI/Ohio Attorney General investigation.
And I'm unclear what remedy that Congressional action would lead us to--might it just be, to not count Ohio's Electoral votes?
That wouldn't help much, putting Bush at 266 to Kerry's 252. If NM and NV both were to be recounted and turned around, though, that would give it to Kerry, if those votes changed to him. But the $$$ they are asking for, for recounts there, seems prohibitive, unless the Dems get involved in asking for and funding them.
Thanks for the summary of the lawsuit, though. It's good Kerry got involved. I'm hopeful, but apprehensive about the courts, though.
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Higans Donating Member (819 posts) Send PM | Profile | Ignore Fri Dec-24-04 01:42 AM
Response to Reply #3
5. To simply "not count Ohio's votes at all would still be disenfrancisement.
Demand a trial by jury of the Hackers. So far there are 5 Hackers that we know of one of whome has so far manipulated the central tabulators.

Per signed affidavit at http://www.truthout.org/docs_04/121604Z.shtml the Tabulation software has been compromised.


This makes it impossible for a 3% sample recount to determine if the tabulation software was operating correctly at the time of the original counting. In addition the new software possibly added could be programed to count accurately for the first 3-5% of the vote totals and then still feed you what ever numbers the programmers want after 50% or 75% or 100% have been counted. Thats just the way it is. You know this technology at least as well as I do People. Hard drives are so small. I could fit one in my pocket just as easy as you can. I could swap one out with a simple screw driver just as easily as you. If I installed a wireless card to my computer OR YOURS there is a good chance I can control the system without your knowledge. Or any one for that matter. wouldn't even have to be in the building.

Just the fact that he had the opportunity to remove possible evidence from the central tabulator is a gaping security hole. A lot of computers can be networked and controlled with a device that can fit in the palm of your hand and can be installed with out the use of a screw driver. wake up and fight these Hackers. Even if this Battle is lost (and I don't think it is) the war will be with us forever if we do nothing.



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zann725 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-24-04 02:31 AM
Response to Reply #3
6. "Obstacles are what you see when you take your eyes off the goal."
n/t
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Nothing Without Hope Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-24-04 01:03 AM
Response to Original message
4. Thank you -- this is very helpful in trying to understand N/T
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loudsue Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-24-04 02:55 AM
Response to Original message
7. Thanks for posting this, Kevin!! It is so obvious to some of us
that this election was STOLEN, and FRAUDULENT!!

Ohio should have an entirely NEW election, and the votes tallied BY HAND, with lawyers from both sides watching like hawks!!

:kick: :kick:
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emlev Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-24-04 02:58 AM
Response to Original message
8. Thanks for posting this. n/t
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dzika Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-24-04 03:05 AM
Response to Original message
9. You are right on time!
That's exactly what I needed. Thanks!
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Vidar Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-24-04 09:30 AM
Response to Original message
10. Excellent summary. Thanks for posting.
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Fri Dec-24-04 04:27 PM
Response to Original message
11. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
bemis12 Donating Member (594 posts) Send PM | Profile | Ignore Fri Dec-24-04 04:46 PM
Response to Reply #11
13. About Mitofsky
"the respected and world-renowned Warren Mitofsky"

It looks like Mitofsky is willing to go against his own exit polling, judging by things I've read here. If he does, the judge will give that great credence, and any exit poll data will be disregarded. Arnebeck would be in the position of trying to discredit his own "respected and world-renowned" witness.
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KaryninMiami Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-24-04 04:52 PM
Response to Reply #11
14. I don't think the Dems hired Arnebeck. and hopefully it won't go nowhere..
My understanding is that the Democrats have their own team of attorneys, including David Hoffheimer, who sent the brief to MSNBC that was read last night on Countdown, regarding their "new and improved" involvement in the case and their filing which got delayed until Monday because of yesterday's snow. Arnebeck I believe, represents the Alliance For Democracy, a citizen's advocacy group and is working in conjunction with the the other 2 parties on the filing. I've heard him speak, by the way, in a few different forums and on the air and thought he sounded pretty good, as did Susan Pruitt when she's presented this story as well.

By the way, the Cobb folks (and others working on this issue in Ohio)were looking for voluntary legal assistance n Ohio perhaps, since you appear to have quite a lot of insight, contacts and skills that might come in handy. you might consider contacting them. www.votecobb.org .
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Fri Dec-24-04 05:21 PM
Response to Reply #14
15. Deleted message
Message removed by moderator. Click here to review the message board rules.
 
Straight Shooter Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-24-04 06:42 PM
Response to Reply #11
16. You're a lawyer and you use the word "proceeds" instead of "precedes"?
Who is the "all of us" that "have scrutinized the lawsuits"?

Please list some of the options you claim the judges have considered, since they "are trying to be fair"?

Dems did not "hire" Arnebeck.

Do the judges "find him contemptuous," or do you mean they are contemptuous of him?

If your parents think he should be barred, please show us some facts that would warrant your serious allegations.

You may assert that "we couldn't have picked a worse choice." But, IMHO, there in fact are much, much worse choices than Arnebeck. You, for example.

I believe we have a poseur in our midst.
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Eloriel Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-24-04 10:51 PM
Response to Reply #16
21. Amen, and well said
Here's someone else who's contemptuous -- me, of this poster. Or, as you put it, poseur.

Put another way, if he IS "prosecuting corporate criminals," no wonder there aren't many of them in jail somewhere. And IMO, about the last thing we need is more incompetent or merely terribly ill-informed legal "help."
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thanatonautos Donating Member (282 posts) Send PM | Profile | Ignore Fri Dec-24-04 10:05 PM
Response to Reply #11
19. I found Arnebeck credible and respectful in his public appearances ..
Edited on Fri Dec-24-04 10:06 PM by thanatonautos
even when he was insulted and berated by that cretin: Sean
Hannity, on national television.

I find it hard to believe that a fair judge would find
him contemptuous, if his public manner is any measure
of his manner in the courtroom.

Are there any judges on record as finding
his manner contemptuous? Has any judge cited
him for contempt of court?

Otherwise I'm inclined to dismiss the opinions you
express above as unsupported innuendo.

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KaryninMiami Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-25-04 12:30 AM
Response to Reply #19
22. Thank you. Well said.
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KaryninMiami Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-24-04 04:37 PM
Response to Original message
12. Great work Kevin- Thanks for posting this!
Happy holidays!

Karyn
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sepia_steel Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-24-04 07:01 PM
Response to Original message
17. one question that has been bothering me...
HOW THE FUCK is Moyers allowed to hand down a ruling involving his OWN election?????????
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bush_is_wacko Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Dec-24-04 07:36 PM
Response to Original message
18. OMG!!! This is the FIRST time I realized Colorado was mentioned!
Thank you, thank you! I have been saying since the beginning, I watched my vote jump and my husband confirmed he did as well! I'm sure fraud occured here! We voted 2 democrats into office and EVERY issue on the ballot that was "environmental" passed! It has always seemed ridiculous to assume that we did all that and STILL voted for Bush! He would be THE only rethuglican "issue" on the ballot we supported! How is that possible? Were any of these people who voted but had thier ballots contested and weren't told, later notified? I never saw anything in the paper about contested votes!
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Lauri Donating Member (63 posts) Send PM | Profile | Ignore Fri Dec-24-04 10:14 PM
Response to Original message
20. How can the Media not be interested in this?
Thank you for the great summary!

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bush_is_wacko Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Dec-25-04 10:46 AM
Response to Reply #20
23. The media learned a valuable lesson about the * administration tactics
When they saw Dan Rather taken down by a PLANTED "document." While that document probably did contain the truth, the document was not the "actual" document, because the * administration has managed to wipe ALL "difficult to respond to" documentation regarding them off the face of the earth. The media wants to see the ACTUAL proof and see which of our senators and representatives are willing to put their careers on the line to support that proof. while I find this cowardly, given the suspicious deaths ( both career-wise and literally) that have surrounded the * family and their cohorts, this may be a wise choice for the media to make. Remember tom Brokaw and his staff had that nasty anthrax letter sent to them just after 911! His retirement is making alot of sense to me at this juncture in history!
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