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Judge Denies Third-Party Candidates' Vote Recount Request [Ohio]
AP ^ | November 23, 2004

Posted on 11/23/2004 4:42:40 PM PST by West Coast Conservative

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.

Carr wrote that he saw no reason to interfere with the final stages of Ohio's 2004 electoral process.

The lawsuit had asked Carr to issue a temporary restraining order and a preliminary injunction requiring Ohio Secretary of State Kenneth Blackwell to immediately begin statewide recount of Nov. 2 voting results. It also asked that Blackwell ensure that the re-count be completed by Dec. 7, the date that Ohio's electors will be certified for the electoral college.


TOPICS: Breaking News; Government; Miscellaneous; News/Current Events; Politics/Elections; US: Ohio
KEYWORDS: badnarik; libertarianparty; lp; napalminthemorning; ohio; partyofthehindparts; recount; religionofpeace; shillsforthednc; sitdownandshutup; soreloserman; wot
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1 posted on 11/23/2004 4:42:40 PM PST by West Coast Conservative
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To: West Coast Conservative

huraay!


2 posted on 11/23/2004 4:44:55 PM PST by Perdogg (W stands for Winner)
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To: West Coast Conservative
How many times does W have to win Ohio?
3 posted on 11/23/2004 4:46:24 PM PST by anniegetyourgun
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To: West Coast Conservative
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.

Oh, this is just rich--does anyone in their right mind believe that the greenies and libertarians are doing this to get the EVs for themselves? The fact that they pretend to claim this could be the case is farcical.

4 posted on 11/23/2004 4:47:03 PM PST by gop_gene
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To: Perdogg

It is about time someone had enough sense to put an end to the charade by the failed candidacy of the peripheral and insignificant parties. Kerry lost, Bush won, period.


5 posted on 11/23/2004 4:47:43 PM PST by Jose Roberto
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To: Jose Roberto

Once the petition is denied, they have an even tougher time trying to get it reversed.


6 posted on 11/23/2004 4:49:19 PM PST by Perdogg (W stands for Winner)
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To: anniegetyourgun

How many times does W have to win Ohio?

The same number of times they made him win Florida in 2000?!?!?!


7 posted on 11/23/2004 4:49:45 PM PST by Primetimedonna
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To: West Coast Conservative

These leftists have no pride. They lost and just won't shut up and go away into the corner and lick their wounds. Dogs have more self respect than they do.

Oh well, till they figure it out, they will just keep on losing, their loss is our gain. HAHAHAHA!


8 posted on 11/23/2004 4:50:15 PM PST by IceAge
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To: West Coast Conservative

My interpretation of the judge's comments: We know that you are just a front for the Democrats. If they think that Kerry has a chance to win a recount, let them come out from under the bushes and make the case themselves.


9 posted on 11/23/2004 4:51:08 PM PST by djpg
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To: West Coast Conservative

OMG that's too rich. DU'ers are gonna start jumping off bridges (sorry - just finished the DU Funnies).


10 posted on 11/23/2004 4:51:11 PM PST by berkeleybeej
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To: West Coast Conservative

I wonder if the Dems are behind David Cobb and Michael Badnarik trying to force this recount? It occurs to me the Dems are using these guys as front men so the Dems will not look like the sore losers they really are.


11 posted on 11/23/2004 4:51:18 PM PST by msnimje
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To: Primetimedonna

I guess it really is a sickness with these lefties.....


12 posted on 11/23/2004 4:51:27 PM PST by anniegetyourgun
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To: West Coast Conservative

What is the REAL reason these guys wanted a full statewide recount?

I understand the Rats wanting one, somebody actually voted for their candidate but the Green and Libertarian party ??

There is something else going on here but I haven't heard what it is ..... anyone here know?


13 posted on 11/23/2004 4:52:26 PM PST by gnawbone
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To: msnimje

Of course the dems are behind it.
Jonkerry just doesn't want to be quite as big a laughingstock as his predecessor, Algore.


14 posted on 11/23/2004 4:53:58 PM PST by IceAge
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To: West Coast Conservative

I was wondering how far this would go. I think a recount should only be done if the count is very close, or if a candidate has (a reasonable) reason to believe the results would be changed by a recount.

The third-party candidates have 'no standing', per se, in this matter, because there is no chance in the world that a recount would make either one of them the winner.

States and/or counties don't have the time or the money to do full-scale recounts just for the hell of it, just to make a few wackjob, distraught, depressed, neurotic, tinfoily, grassy-knollster nutcases FEEL better.

Even the Kerry camp isn't stupid enough to ask for a recount.


15 posted on 11/23/2004 4:54:25 PM PST by wimpycat ("I'm mean, but I make up for it by bein' real healthy.")
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To: anniegetyourgun

Guess when you can't win the old fashioned way (by getting more votes than your opponent) you have to get creative. When having people vote 2 or 3 times, and having the dead vote doesn't work you have to cry fowl and try for recounts. Seems like it's time for the Dems to come up with a new playbook.


16 posted on 11/23/2004 4:54:54 PM PST by Primetimedonna
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To: West Coast Conservative

I'll bet the PEST therapists phones are ringin' off the wall. Because of calls from PESTS.

Prairie


17 posted on 11/23/2004 4:55:46 PM PST by prairiebreeze (The AP is no longer a news organization. It's a transcription service for the DNC.)
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To: wimpycat

I meant to say, "Even the Kerry camp isn't stupid enough to ask for a recount....DIRECTLY." They want a recount to shut their own nutcases up once and for all, but they're not going to spend their own money or 'political capital' they have with their disciples to do it.


18 posted on 11/23/2004 4:56:22 PM PST by wimpycat ("I'm mean, but I make up for it by bein' real healthy.")
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To: West Coast Conservative
Sorry Soros and skerrry - more wasted $
19 posted on 11/23/2004 4:57:40 PM PST by maine-iac7 ( Pray without doubt..."Ask and you SHALL receive")
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To: West Coast Conservative
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.

20 posted on 11/23/2004 4:57:59 PM PST by jackbill
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To: djpg
My interpretation of the judge's comments: We know that you are just a front for the Democrats. If they think that Kerry has a chance to win a recount, let them come out from under the bushes and make the case themselves.

That's right--no more hiding behind the skirts of Cobb and Badanrik. If Kerry wants a recount, he's gonna have to come out with it himself.

21 posted on 11/23/2004 4:58:45 PM PST by gop_gene
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To: anniegetyourgun

To many people he will never win it. Idiots they be.


22 posted on 11/23/2004 4:59:53 PM PST by vpintheak (Liberal = The antithesis of Freedom and Patriotism)
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To: conspiratoristo; Pontiac; boxerblues; dubyaismypresident; GOP_Lady; DollyCali; Commiewatcher; ...

NE Ohio ping!


23 posted on 11/23/2004 5:00:08 PM PST by Las Vegas Dave
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To: anniegetyourgun


.

How many times does W need to win Ohio..?

The LAST Time.

.


24 posted on 11/23/2004 5:01:06 PM PST by ALOHA RONNIE ("ALOHA RONNIE" Guyer/Veteran-"WE WERE SOLDIERS" Battle of IA DRANG-1965 http://www.lzxray.com)
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To: West Coast Conservative

Yippee and yahooey!


25 posted on 11/23/2004 5:01:58 PM PST by Bushbacker1 (Kill 'em till they're dead! Then kill 'em again!)
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To: ALOHA RONNIE

The way i read it, the recount can occur just not untill after the certification


26 posted on 11/23/2004 5:02:09 PM PST by traderrob6
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To: gop_gene

No - they'll still get thier recount - Ohio law is screwy on that - BUT they WONT get it before the real count is done and certified


27 posted on 11/23/2004 5:02:34 PM PST by maine-iac7 ( Pray without doubt..."Ask and you SHALL receive")
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To: West Coast Conservative

I read on DU that Keith Olberman has been pushing for this recount, saying that the Democrats have until January 6th to overturn the election. The DUmmies are all excited and think that Olberman is brilliant.


28 posted on 11/23/2004 5:02:36 PM PST by Eva
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To: West Coast Conservative
If there was Republican voter fraud in Ohio (which there wasn't), then why doesn't Kerry ask for a recount? Kerry still has 15 million dollars left over from his campaign, more than enough to finance a recount challenge.

I think this Ohio recount nonsense is being used by some people as a way to raise funds from PEST infected leftist.

And the dumb leftist just had over the money without looking at the hard reality. How liberal.
29 posted on 11/23/2004 5:03:29 PM PST by Ticonderoga34
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To: gop_gene

Hannity said today that the Kerry-Edwards campaign had joined in the suit.


30 posted on 11/23/2004 5:03:31 PM PST by Lancey Howard
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To: msnimje
I wonder if the Dems are behind David Cobb and Michael Badnarik trying to force this recount?

Could be, but I think their motivation is more mundane--money. They've raised the $150K needed to pay for the recount, but have asked their sheeple for another $100K for "administrative expenses".

It would appear that they're just taking Michael Moore's lead and fleecing the faithful for all they're worth. They know there's no gold in them-thar Ohio hills, but it ain't gonna stop them from selling picks and shovels to those that think there is.

31 posted on 11/23/2004 5:04:19 PM PST by randog (What the....?!)
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To: maine-iac7

However, the 100000 dollars doesn't even come close to covering the 1,500,000 actual cost. So you can bet that the state is going to fight it tooth and nail. My guess, the recount will never happen


32 posted on 11/23/2004 5:04:56 PM PST by traderrob6
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To: jackbill
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.

That's even better, yet--wonder if the DU will now claim that Carr is in the gop's pocket or that we have something on him?

33 posted on 11/23/2004 5:05:16 PM PST by gop_gene
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To: Eva
Overturn the election? Bwahahaha. The DUmmies and their hero Olbermann are a bunch of nutcases. If there was even an iota of voter irregularities, Kerry and the Dems would be all over it. Kerry saved $15 million for post-election legal battles, and yet he doesn't use it and gives it back to the DNC.
34 posted on 11/23/2004 5:07:24 PM PST by West Coast Conservative
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To: gop_gene
But we have to make sure every vote counts! Waaahhh!
35 posted on 11/23/2004 5:07:30 PM PST by Boiler Plate
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To: West Coast Conservative
The Libertarians are going to have to work hard to rebuild any credibilty with conservatives after this Ohio stunt. Teaming up with the Greens to demand a recount when they clearly could not prevail under any circumstances?

P.S.

Ohio, you need to change your election statutes so this can't even be a question in future elections.

36 posted on 11/23/2004 5:07:35 PM PST by Dog Gone
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To: traderrob6

.

Last W Win in Ohio =

Certification for W Electors to vote for W in the Electoral College

No wonder HILLARY announced her goal of eliminating the Electoral College the morning after she was elected to the U.S. Senate Seat from New York in 2000..?

.


37 posted on 11/23/2004 5:07:39 PM PST by ALOHA RONNIE ("ALOHA RONNIE" Guyer/Veteran-"WE WERE SOLDIERS" Battle of IA DRANG-1965 http://www.lzxray.com)
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To: jackbill

Guess the DUmmies can't claim he's an evil conservative part of the VRWC.


38 posted on 11/23/2004 5:08:13 PM PST by West Coast Conservative
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To: maine-iac7
No - they'll still get thier recount - Ohio law is screwy on that - BUT they WONT get it before the real count is done and certified

That's fine by me--trying to undo a certification is more politically "tricky" than attempting to flip the state before it happens.

39 posted on 11/23/2004 5:08:36 PM PST by gop_gene
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To: West Coast Conservative

>>Guess the DUmmies can't claim he's an evil conservative part of the VRWC.<<


They'll either say that he was bought off, or that this is really part of the Dem's strategery. Some of those nuts actually believe that Dean and the Reverend Jackson saying that Bush won fair and square is meant to throw Republicans off the scent of the recount. They need to be medicated.


40 posted on 11/23/2004 5:15:09 PM PST by KerryWillBeCrushed
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To: gop_gene

8,099 Cuyahoga ballots ruled invalid
Tuesday, November 23, 2004
Diane Solov
Plain Dealer Reporter
The questions about provisional ballots haven't gotten any easier, but there is a preliminary answer to how many of the controversial ballots will be discarded in Cuyahoga County.


41 posted on 11/23/2004 5:15:23 PM PST by professor83
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To: West Coast Conservative

I love winning!


42 posted on 11/23/2004 5:15:33 PM PST by conservativeinferno (My SUV is the urban squirrel's worst predator.)
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To: gop_gene; djpg; wimpycat; gnawbone; msnimje
The fringe parties are transparently functioning as a cat's paw for the Democratic Party.

The State of Ohio is in charge of the count of the ballots of its citizens, and should assure that the count is done in accordance with its laws. IMHO it should not enable subsequent counts to be done by any other parties such as the New York Times. Once Ohio counts its ballots and certifies its slate of electors, any further counting is not in the public interest within the lifetime of the winning candidate.

To allow reporters access to the ballots is simply to provide them with the opportunity to work mischief. What if they put on a show of counting the ballots, and then announce arbitrarily that the state awarded the electors wrongly? There is no upside to allowing other parties to claim to have counted the ballots independently. None. IMHO.

43 posted on 11/23/2004 5:20:31 PM PST by conservatism_IS_compassion (The idea around which liberalism coheres is that NOTHING actually matters but PR.)
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To: Eva

Olberman was louzy on ESPN and he is worse as a news person -- cannot stand him in either capacity.


44 posted on 11/23/2004 5:23:17 PM PST by PhiKapMom (AOII Mom -- GO SOONERS!)
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To: West Coast Conservative

On the subject of vote counting, has New Mexico ever been declared or is Critical Bill still working his magic?


45 posted on 11/23/2004 5:23:56 PM PST by CriticalJ
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To: Perdogg

They will probably appeal to the Florida Supreme Court.


46 posted on 11/23/2004 5:25:03 PM PST by KoRn
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To: West Coast Conservative
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.

I saw a vendor at the Swap Shop last Sunday with big Badnarik posters all over his car. He was trying to sell people on going thru him to do a By Owner home sale. He was acting like a complete jerk. Instead of sticking to business he would scream at people in order to argue politics with them. DUMB!

47 posted on 11/23/2004 5:25:10 PM PST by PJ-Comix (Join the DUmmie FUnnies PING List for the FUNNIEST Blog on the Web)
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To: Lancey Howard
Hannity said today that the Kerry-Edwards campaign had joined in the suit.

So are they going to blow their money on a recount?

48 posted on 11/23/2004 5:27:38 PM PST by PJ-Comix (Join the DUmmie FUnnies PING List for the FUNNIEST Blog on the Web)
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To: West Coast Conservative; PJ-Comix
Oh man...the DUmmies will be back on prozac.

PJ..what are they saying?

49 posted on 11/23/2004 5:31:01 PM PST by evad (DUmmie FUnnies and Pookie Toons-the start of a nice day)
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To: evad
PJ..what are they saying?

I dunno yet. I'm still trying to get over the shock that there is a School Teacher named Pam (possibly in a town named Greenbriar) who is teaching kids and could explode in rage at any moment.

50 posted on 11/23/2004 5:33:48 PM PST by PJ-Comix (Join the DUmmie FUnnies PING List for the FUNNIEST Blog on the Web)
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