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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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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 Road Warrior ‘04 (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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