Judge denies third-party candidates' vote recount request

TOLEDO, Ohio -- A federal judge on Tuesday denied a request by third-party presidential candidates who wanted to force a recount of Ohio ballots even before the official count was finished.


U.S. District Judge James G. Carr in Toledo ruled that the candidates have a right under Ohio law to a recount, but they have not shown "that they will be harmed irreparably if the recount is not completed by the time Ohio's electors to the Electoral College must be certified."

The judge said Green Party presidential candidate David Cobb and Libertarian presidential candidate Michael Badnarik could not credibly claim that they did or could garner enough votes to have Ohio's presidential electors cast their votes for them.

The two third-party candidates received a combined 0.26 percent of the vote in unofficial results. They contend a re-count is necessary to ensure accuracy.

http://www.onnnews.com/Global/story.asp?S=2607602

:hi:

being DIRECTLY involved?

It was posted all over yesterday.

Kerry is actually the only candidate who could show potentially irreparable harm if the recount isn't completed by the time the electors of Ohio cast their ballot.

Note the characteristic silence from the DNC and the Kerry Campaign about speeding up the process.

each time their is a milestone facing the Kerry campaign, one that has great signicficance to the public, they fly below the radar.

this is either the greatest back door operation by a major political party (uncovering the theft trumps doing the theft) or...
DNC business as usual.

who knows. but i have an opinion it is the latter.
this is too big a secret to keep, and the pugs would be screeching like crazy if they felt the slightest pressure from anywhere.

whalerider55

I must be missing something...I don't understand.

-wildflower

;)

if he waits then it will be too late to recount before the EC meets

But I can't get any info from anyone.

This decision, seems to me, Kerry can make the case, because of harm.

The recount is allowed, but they just can't do it as quickly as they hoped.

concerned!

:-(

They can still have it finished by the inauguration. I did not really expect this lawsuit to fly anyway.

Just curious.... :eyes:

Carr, James G.
Born 1940 in Boston, MA

Federal Judicial Service:
U. S. District Court, Northern District of Ohio
Nominated by William J. Clinton on January 27, 1994, to a seat vacated by Richard B. McQuade, Jr.; Confirmed by the Senate on May 6, 1994, and received commission on May 9, 1994.

Education:
Kenyon College, B.A., 1966

Harvard Law School, LL.B., 1969

http://air.fjc.gov/servlet/tGetInfo?jid=383

Judge James G. Carr

Federal district court judge James G. Carr harbors a racial hatred against Hispanics. The only other reason for the demonstrable behavior of this judge is that he is unable to read with an acceptable level of comprehension ability.

On September 18, 1997 Judge Carr dismissed Cumpian v. Nye, case no. 3:97 CV 7569, in which a young Hispanic man sued police officers for blocking his access to his lawyer and interrogating him until he confessed.

http://home.earthlink.net/~dlaw70/carr.htm

this much

Nominated by William J. Clinton on January 27, 1994, to a seat vacated by Richard B. McQuade, Jr.; Confirmed by the Senate on May 6, 1994, and received commission on May 9, 1994

:argh: Please someone say that Kerry's got The Art of War out and has a game plan Pleeeeaaas...

Relax. It's OK.

In the law, you cannot ask for relief from something until the extent of the harm alleged is known. Therefore, the count has to be finished before anyone can challenge it.

It makes sense. That was just a bad headline. Not to worry.

Once the votes are counted, there is ample time to challenge the count, and then the court can issue a temporary restraining order against the electors from Ohio meeting to cast their votes on December 13, 2004, thereby putting the whole electoral matter on hold.

See? It's really simple, and once you know the rules, doesn't it make sense?

It's all right. We Jesuit-trained lawyers (Kerry is one, too) never give up.

The election is far from over.

MzMolly what's the fuss tell us what's happening...

Bummer. It's probably a fair decision by the judge, tho. Kerry's the only one with an "irreparable harm" claim, and he won't move on this until after it's too late.

He's prevented from taking any action until the count is completed.

Relax. There's plenty of time. The election is far from over.

OK?

(This is one of those times when it's just great to be a Constitutional lawyer.)

eom

they are and will continue to drag their feet on this to run out the clock until December 13.

Ohio seems to have a deadline in that the electors have to be officially notified, 10 days before the college meeting. They set this as their semi-official date for certifying the vote.

They'll notify the republican electors. If the electors are allowed to meet (will people let them if 9 days of recounting show a corrupted vote?) then they vote for Bush, or for their conscience who knows ...

But these votes mean nothing till - can't find exact date - first week of January? when the dick - er Mr. Cheney reads them to the Senate. And at that point it's still not incontestable - at least till the actual inauguration - though I wonder if Bush might sneak in some pre-inauguration swearing-in ploy if he is in jeopardy at that point.

:puke:

He quit, then left it to the third parties to do the real fighting. Why is that so hard for you to face?

There's a thing called "strategy," and I believe it's in play here.

Just because you don't know something is happening doesn't make its viability any less real.

Have a little faith in Kerry. There's a lot more here than civilians can see.

this lawsuit to start the count early, can everybody please admit that they have NO intention of trying to change the results?

Kerry has absolutely no legal need to do anything with this lawsuit.

And nothing will be lost.

Panic isn't really called for here. It's OK. Really, it is.

...your knowledge of constitutional law would be a great asset in the "2004 Election Results Discussion" forum. When you can, please stop by and give your input whenever legal matters are discussed! I think a lot of people would like to hear your views over there too!

Thank you, I do feel batter...

Kerry is the only person who can show irreparable harm.

We're told he's on it.

But he's waiting for certification.

If he waits till certification, it will be too late.

What am I missing here?

Over in Election Results Forum, I can't get heads or tails of what's going on either.

just trying to pacify everybody until its to late?
what was that bit about the kerry lawyer in florida acting like bev was just stirring up trouble. we are getting conflicting stories and so far there is no proof that kerry even cares.

If so this is deliberate, is it not?

The citizens are the most interested party in the election. There are many reasonable questions about accuracy of the vote count.