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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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