Thursday, December 23, 2004

And so it begins...

By waiting until witnesses and evidence could be thoroughly vetted, Senator Kerry has kept the media whores from making "John Kerry's a sore loser" the story.

Kerry to Enter Ohio Recount Fray

By William Rivers Pitt
t r u t h o u t | Report

Thursday 23 December 2004

2004 Democratic Presidential candidate John Kerry will file today, in the United States District Court for the Southern District of Ohio, papers in support of the Green Party/Libertarian Party recount effort. Specifically, Kerry will be filing a request for expedited discovery regarding Triad Systems voting machines, as well as a motion for a preservation order to protect any and all discovery and preserve any evidence on this matter.

Triad Systems has come under scrutiny recently after Sherole Eaton, deputy director of elections for Hocking County, swore out an affidavit in which she described her witnessing the tampering of electronic voting equipment by a Triad representative. Rep. John Conyers, the ranking minority member of the House Judiciary Committee, has requested an investigation into this matter by the FBI and the Hocking County prosecutor.

Truthout will have more on this specific Triad allegation later in the day.

Previously, the Green Party and Libertarian Party have not fared well in their efforts to get emergency orders regarding this matter in Ohio. In order to pass muster with a judge, the individual or group requesting an emergency order for such a recount must show both irreperable harm as well as a substantial chance for success on the merits. While Green and Libertarian representatives have been able to show irreperable harm, they could not establish a substantial chance for success on the merits, because no recount would deliver Ohio to either party.

Kerry's entry into this recount effort changes the math on this matter dramatically. He can likewise show irreperable harm, and unlike the Green and Libertarian candidates, he can also prove a substantial chance for success on the merits because he lost the Ohio vote by a statistical whisker. LINK


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