Posted on 10/20/2008 4:39:53 PM PDT by Libloather
Brunner wants suit over voter registration moved to federal court
Posted by Reginald Fields/Plain Dealer Columbus
Bureau October 20, 2008 10:44AM
COLUMBUS -- Ohio Secretary of State Jennifer Brunner today asked that a case filed Friday at the Ohio Supreme Court be moved to a federal court in Columbus because the suit primarily deals with a question regarding the Help America Vote Act, a federal statute.
The lawsuit was filed by Columbus-area Republican fund-raiser David Myhal, whose firm has helped the election campaigns of four of the seven justices on the all-Republican Ohio Supreme Court. After the U.S. Supreme Court Friday dismissed an Ohio Republican Party lawsuit against Brunner (a Democrat), asking to force her to verify nearly 700,000 newly registered voters this year, Myhal essentially filed the same suit in state court.
"Having litigated its HAVA claims all the way to the U.S. Supreme Court, ORP now seeks a second bite at the apple by filing a new lawsuit in the Ohio Supreme Court in the name of David Myhal, a member of the Republican Party," reads a request by Ohio Attorney General Nancy Rogers, on behalf of Brunner.
"Although styled as a 'petition for writ of mandamus' based on both state and federal law," Rogers continued, "even a cursory and preliminary review of the petition seeking a writ of mandamus clearly reveals that Myhal seeks relief based on the precise HAVA claims that were considered by the highest court in the federal judiciary."
The Ohio Supreme Court gave Brunner until today to respond to Myhal's lawsuit. Myhal runs The 316 Group, which has helped the campaigns of Ohio Justices Terrence O'Donnell, Robert Cupp, Evelyn Lundberg Stratton and Maureen O'Connor.
On Sunday, Lt. Gov. Lee Fisher, a Democrat, said the four justices should recuse themselves. Stratton and O'Connor are up for re-election and on Monday recused themselves from Myhal's case, but O'Donnell and Cupp have not done so.
"There is a clear conflict of interest when judges rule on a case involving someone who helped put them on the bench," said Fisher, who called Myhal's lawsuit frivolous. "Justices O'Donnell, Cupp, Lundberg Stratton and O'Connor should immediately recuse themselves from this case in light of how extensively their political campaigns benefited from the fundraising and political support of Mr. Myhal and his firm."
Court spokesman Chris Davey said, "each justice makes their decision on their own as to whether the circumstances of that case and if the judicial canons require recusal."
Attorney general's office spokesman Jim Gravelle said Rogers exercised her right to have the case moved to another court and that it has already been assigned to U.S. District Court Judge George C. Smith.
"From this office's standpoint, the Ohio Supreme Court case no longer exists," said Gravelle.
But the state court just minutes ago issued a revised schedule for the Myhal case, still requiring Brunner to respond to the case by the end of today and moving up the request for briefs and evidence from Friday to Wednesday.
And Judge Smith's law clerk, Stephanie Rawlings, said it is possible that the judge could determine that removal was improper and send the case back to the Ohio Supreme Court. It appears Brunner is not anticipating responding to the Supreme Court. Rawlings said Smith could have a decision today on whether he will accept the case.
Smith, who was appointed to the bench under President Ronald Reagan, is the same judge who took the case two weeks ago when it was originally filed by the Ohio Republican Party. He sided with the Republicans then and issued a temporary restraining order against Brunner. That order was dismissed Friday by the U.S. Supreme Court.
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...she can do her job.
Every lawyer and most laymen know that the Supreme Court did not "consider" the HAVA claims, or any other claims. That's because the Court dismissed the claim on the grounds of lack of jurisdiction.
Trust me, I know these things. This morning, I helped write an amicus curia brief in favor of this case. That brief, widely quoting Madison's Federalist No. 53 should be filed in 48 hours. I think y'all will like it.
Congressman Billybob
Latest article, "Whatever Is True and Honest...."
The Declaration, the Constitution, parts of the Federalist, and America's Owner's Manual, here.
She wants it moved to Federal so the people will have a harder time and she doesn’t have to do anything. I bet she will have to resign.
I HOPE she will have to resign. I suspect she will have to be removed by recall or impeachment. She is not doing the job that the people of Ohio elected her to do.
The fix was in, but gosh golly they got their hands caught in the cookie jar. Now its just stonewall and stall the thing out for two more weeks to ensure an Obama steal in Ohio. I hope Ohioans are lighting up her phones every day howling in protest that she refuses to do her job.
I don’t think she will be removed nor will she resign. The Republicans will be more than happy to let her stay in office and beat her in 2010.
God bless you!
Congressman, is she going to be able to run out the clock on this? That seems to be one of her main goals, along with setting up a challenge should McCain win.
Even if she manages to throw the entire election to Obama by allowing the fraudulent votes??
Yes, because the Republicans will not want to give Strickland the opportunity to appoint a replacement.
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