Cliff Arnebeck Lawsuit Letter To Ken Blackwell

Columbus

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Thu Aug-31-06 03:18 AM
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Cliff Arnebeck Lawsuit Letter To Ken Blackwell

From http://www.OhioHonestElections.org

The letter can be found in full at
http://www.ohiohonestelections.org/fcms_data/files/Document%20hold%20notice%20to%20SOS.doc

Now we know why Blackwell lawyered up with Destro. Can you imagine what Blackwell did when he received this letter?

Dear Mr. Blackwell:

We represent several individuals and public interest groups who intend to file an action in Federal District Court in the Southern District of Ohio alleging that you, in your official capacity as Ohio Secretary of State, violated the United States Constitution and federal and state law by, inter alia, inequitably distributing voting resources, suppressing votes, and spoiling ballots. That action will seek declaratory and injunctive relief.

In connection with this action we intend to file, it is vital that you, in your capacity as Ohio Secretary of State and the state official in charge of elections in Ohio, preserve all ballots, however recorded or maintained, from the November 2, 2004 election. Most importantly, we have received extremely disconcerting reports that unused ballots, which under Ohio law are required to be preserved along with used ballots, are being destroyed. These unused ballots relate directly to plaintiffs’ allegations that punch card ballots were “pre-punched,” thereby creating an overvote condition if the voter also voted for Senator John Kerry. Therefore, it is imperative that all evidence, as itemized below in part, be preserved pending the filing of this action. Specifically, “ballots” shall include, but not be limited to, (1) unused ballots, and (2) ballots cast in any manner by any person in the November 2, 2004 election, for any office or candidate, whether cast by a machine, absentee ballot, or via any other manner.

Electronic records of ballots must be maintained, as well. In addition, you must preserve all documents related to the issues in this litigation, including but not limited to, all documents (whether maintained in hardcopy or electronic form) relating to:
• How voting machines and voting resources were allocated to voting districts;
• The decisions made by Ohio concerning the November 2, 2004 election;
• All claims or allegations of voter fraud, vote tampering, or restrictions upon or violations of Ohio citizens’ right to vote (regardless of whether the allegations were made by Ohio, citizens of Ohio, or third parties);
• The results of the November 2, 2004 election and how those results were tabulated;
• Ohio’s recount of the November 2, 2004 results; and
• The programming of Ohio’s voting machines that electronically recorded votes.

These documents must be preserved by you as well as by the 88 voting districts in Ohio, which are being copied on this letter.

Do not discard, destroy, or alter in any way any of the documents described above. Failure to preserve these materials will severely prejudice plaintiffs in their lawsuit, and could result in the imposition of harsh penalties and sanctions on you.

Please confirm to us, within three business days of your receipt of this letter, whether you intend to retain these documents, so that in the event you do not intend to preserve these documents, we may seek immediate relief from the Court. In any event, cease and desist from the destruction of any evidence until either we have reached an agreement on this issue or the Court has had an opportunity to rule on this issue.