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Reply #81: The process is set for STATE elections generally. [View All]

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keithjx Donating Member (758 posts) Send PM | Profile | Ignore Tue Dec-14-04 04:32 PM
Response to Reply #76
81. The process is set for STATE elections generally.
So when it's a federal election but we're proceeding under state law, there will be a disconnect (hence Jesse Jackson, Jr.'s call for NATIONALLY recognized right to vote and NATIONAL standards).

If this was a state matter, then the Ohio Supreme Court would have jurisdiction over the whole process (it would have been filed in common pleas court first, though) because electors/the electoral college process don't enter into it. So Arnebeck's case (Moss v. Bush) can result in the Ohio Supreme Court declaring the results of the election invalid through fraud, error, etc. Then, as you state, it becomes incombant on the FEDERAL groups (Congress, National Archivist, etc.) to act appropriately. The Congress would look pretty ridiculous accepting Ohio electors for Bush when the Ohio Supreme Court has ruled that Kerry won the state, for example.

The PRIMARY reason for Moss v. Bush is the integrity of the vote. Whether the Ohio Supreme Court's ruling causes federal recognition of fraud, etc., is beyond the scope of the case (or Ohio Supreme Court authority).
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