 |
Thu Jul 24 2008 | |||||||||
|
||||||||||
|
Departments Election Issues Moss v. Bush moves on and movement continues by Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman January 13, 2005 The lawsuit challenging Ohio's 2004 presidential race has been withdrawn from the Ohio Supreme Court, having served as a lightning rod to draw national attention to the widespread and possibly illegal irregularities in the vote that gave George W. Bush a term as president starting in January. While the election challenge lawyers say they may raise the suit's constitutional and civil rights issues in other legal venues, the case, Moss. V. Bush, became a vehicle for an aggressive investigation of irregularities in the Ohio presidential vote that culminated in a congressional challenge of the 2004 Electoral College. The suit grew out of an Election Day that saw multiple thousands of Ohioans, particularly minority inner city and young people, disenfranchised. Public hearings were convened where scores of voters testified under oath about losing their right to vote or seeing it attacked and compromised. By December, a half-dozen noted academic experts freely offered their analysis of the state-certified results, pointing to anomalies that raised the specter of widespread vote-counting fraud. While the Ohio Secretary of State J. Kenneth Blackwell, who was also the co-chair of the president's Ohio campaign, obstructed all efforts at discovery and evidence gathering -- preventing those claims of fraud from being validated -- the widespread and detailed record was sufficient proof for members of Congress to hold hearings examining the vote and eventually challenge the Electoral College results on Jan. 6. "This is not the end, this is merely the end of one state action," said Cliff Arnebeck, the challenge's lead counsel. "More importantly, it signals the emergence of a much broader effort where we plan to investigate and litigate county by county, ward by ward, precinct by precinct." In mid-December, 37 plaintiffs in the historic Moss v. Bush lawsuit filed suit to challenge the seating of Ohio's 20 Republican electors, contending instead that John Kerry was the legitimate winner of the Ohio popular vote, not George W. Bush. John Kerry did not join the suit. The election challenge legal team used the testimony from public hearings and analyses of the certified results to allege that Kerry was deprived of votes - in numerous ways in varying counties - and sought the use of notices of deposition to investigate further and prove their case. They believed elected officials had a responsibility to testify in duly filed legal actions. They noticed depositions of Blackwell, officials on 10 county boards of election, Karl Rove, Dick Cheney and George Bush. In almost all cases except at the local level, those efforts were rebuffed by public and Bush-Cheney campaign officials. Blackwell refused to be deposed. He was the second consecutive Republican Secretary of State to simultaneously serve as a state's Bush-Cheney campaign chair in a state that decided a presidential election for Bush, following Florida's Katherine Harris. He is now running for governor of Ohio. Blackwell argued he did not have to testify because he was "a public official." His office labeled the deposition notices a form of "harassment." Messrs. Bush and Cheney and presidential advisor Karl Rove refused to appear. Without their testimony -- and the ability to examine actual election records in a more detailed manner than the statewide recount -- Moss v. Bush had little chance of proving what really happened November 2. One key element of the case involved the Ohio Supreme Court Chief Justice race, where the Democratic candidate received many more votes than Kerry in southern Ohio. That raised the possibility that computer tabulators may have assigned Kerry votes to her candidacy. The election challenge asked Ohio's Chief Justice Thomas Moyer to recuse himself from the case, which was refused. Thus, Moyer made it clear a fair verdict in Moss v. Bush at the Ohio Supreme Court level was unlikely. A second action -- Moss v. Moyer -- based on those same returns was also dropped by the 37 plaintiffs, who will now seek other legal routes to address that conflict of interest and the massive civil rights violations that defined the Ohio vote. But the suit remains something of a historic landmark. It grew out of the massive public protests that followed the November 2 vote. It began to document a wide range of violations that prompted a rare congressional challenge to the seating of a state delegation to the Electoral College. By challenging the seating of Ohio's electors, Sen. Barbara Boxer (D-CA), Rep. Stephanie Tubbs Jones (D-OH) and others issued a powerful statement about the conduct of a state-wide presidential election. A written statement released through their legal team stated that the "Contesters remain dedicated to the task of finding an alternative legal forum in which they may seek redress for the severe damage done...." The contesters believe that the alleged constitutional and statutory rights violated on Election Day were racially motivated. The contesters assert that they "remain dedicated to the goal of ensuring through the legal system that in the future no other group of people, or indeed any individual voter, is deprived of the fundamental and basic right to elect our leaders freely and fairly in an election in which all votes are counted honestly." The statement issued by the contesters contends that Ohio Secretary of State J. Kenneth Blackwell, Karl C. Rove, Richard B. Cheney and George W. Bush "were properly noticed for depositions" and "failed to appear for their depositions." The contesters say they "look forward to the day" when they can place Blackwell, Rove, Cheney and Bush under oath in "an appropriate legal setting." In closing, the contesters thanked "...all the people in the United States and around the world, from the Ukraine, Iraq, Afghanistan, Romania, Poland, South Africa and many other nations, who supported and continue to support the efforts to ensure the legitimacy of national and state elections in the United States...". -- Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman are co-authors of OHIO'S STOLEN ELECTION: VOICES OF THE DISENFRANCHISED, 2004, a book/film project forthcoming from http://freepress.org. Contributions are welcome via http://freepress.org/store.php or at the Columbus Institute for Contemporary Journalism, 1240 Bryden Rd, Columbus, OH 43205. Fitrakis served as legal counsel on the Moss v. Bush lawsuit. Email this article to a friend |
Don't forget to check out articles from 2007 and 2008
"An open letter to the Election Assistance Commission"
December 25, 2005
John Gideon, Executive Director of VotersUnite.Org and Information Manager for VoteTrustUSA.Org
"Diebold hack proven in county test!"
December 17, 2005
Glenn Yeagley
"Diebold Inc. in a tailspin after resignation of CEO and filing of a class action fraud lawsuit"
December 17, 2005
VelvetRevolution.us
"Orr thinks machines make voting simpler, more secure "
December 17, 2005
Mario Bartoletti
"Diebold "hack test" - Sec. State / Black Box Lawyer square off"
December 10, 2005
Black Box Voting
"With new legislation, Ohio Republicans plan holiday burial for American Democracy"
December 6, 2005
Bob Fitrakis & Harvey Wasserman
"Important daily voting news"
December 4, 2005
John Gideon
"Poll shock"
November 24, 2005
Robert C. Koehler, Tribune Media Services
"Ohio's Diebold Debacle: New machines call election results into question"
November 24, 2005
Bob Fitrakis & Harvey Wasserman
"Diebold attempts to evade election transparency laws"
November 20, 2005
Matt Zimmerman
"Supreme Court stabs another GOP knife into US democracy by upholding ex-felon vote ban"
November 16, 2005
Bob Fitrakis and Harvey Wasserman
"Has American Democracy died an electronic death in Ohio 2005's referenda defeats?"
November 11, 2005
Bob Fitrakis and Harvey Wasserman
"What John Kerry definitely said about 2004’s stolen election and why it's killing American democracy"
November 10, 2005
Bob Fitrakis & Harvey Wasserman
"Scrap the "secret" ballot - return to open voting"
November 5, 2005
Lynn Landes
"Clarification of NEDA's withdrawal of Ohio exit poll paper"
November 5, 2005
Kathy Dopp
"Clarification of NEDA's withdrawal of Ohio exit poll paper"
November 3, 2005
Kathy Dopp, National Election Data Archive
"Watergate-style money laundering indictments stoke Ohio's stolen election fires"
October 28, 2005
Bob Fitrakis & Harvey Wasserman
"Powerful Government Accountability Office report confirms key 2004 stolen election findings"
October 26, 2005
Bob Fitrakis & Harvey Wasserman
"Did you erase your own vote?"
October 25, 2005
Warren Stewart, Director of Legislative Issues and Policy, www.VoteTrustUSA.org
"Why can't the left face the Stolen Elections of 2004 & 2008?"
October 18, 2005
Bob Fitrakis and Harvey Wasserman
"Carter/Baker Report can't face how the GOP stole America's 2004 election & is rigging 2008"
September 20, 2005
Bob Fitrakis & Harvey Wasserman
"Two Steps Forward, One Step Back"
September 20, 2005
Warren Stewart, Director of Legislative Issues and Policy, VoteTrustUSA
"FEMA Chief Brown Paid Millions in False Claims to Help Bush Win Fla. Votes"
September 19, 2005
Jason Leopold
"Ohio recount lawsuit set for trial; election workers indicted"
September 4, 2005
Blair Bobier
"Ohio Governor's ethics violations expose money trail to stolen 2004 election"
August 30, 2005
Bob Fitrakis & Harvey Wasserman
"Diebold's failure in California"
August 7, 2005
John Gideon, Information Manager, www.VotersUnite.Org and www.VoteTrustUSA.Org
"Did the GOP steal another Ohio Election?"
August 5, 2005
Bob Fitrakis and Harvey Wasserman
"Conyers-Kaptur seek special counsel for Noe probe"
August 4, 2005
John Conyers, Jr. and Marcy Kaptur
"Dramatic new charges deepen link between Ohio's "Coingate," Voinovich mob connections, and the theft of the 2004 election"
July 29, 2005
Bob Fitrakis & Harvey Wasserman
"None dare call it stolen - Ohio, the election, and America's servile press"
July 24, 2005
Mark Crispin Miller, summarized by Mary Anne Saucier, Columbus, Ohio
"Civic Engagement and the Restoration of Community from a voter activist’s view"
July 19, 2005
Terri Zins
"My report from Hocking County, July 5, 2005: An update on Sherole Eaton's unfolding Story"
July 7, 2005
Victoria Parks, Ohio Backbone Campaign
"Handbook for Ohio Voter Activists, Version 2.0"
July 7, 2005
Various activists
"Direct testimony: Presented to Election Assessment Hearing"
July 4, 2005
Richard Hayes Phillips, Ph.D.
"Log Cabin Republicans in Ohio"
July 4, 2005
Richard Hayes Phillips, Ph.D.
"With a limp election theft report, Dems prove why they're unworthy"
June 28, 2005
Harvey Wasserman and Bob Fitrakis
"Voting problems and uncounted votes in Lucas County, Ohio"
June 28, 2005
Justine Smith
"The DNC 2004 Election Report: An indictment of incompetence"
June 25, 2005
Steven Rosenfeld and Bob Fitrakis
"Corporate control of the election process"
June 22, 2005
John Gideon
"Introduction: Did George W. Bush steal America's 2004 election?"
June 16, 2005
Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Voter Confidence Committee Calls For Rejection of CA Special Election"
June 16, 2005
Dave Berman
"Activists from 25 states lobby for paper ballots on June 9 and 10"
June 10, 2005
VoteTrustUSA.org
"Fear of riffraff"
June 10, 2005
Robert C. Koehler, Tribune Media Services
"Electoral Politics and the War: Lessons from 2004 and What the Anti-War Movement Should do in 2006"
June 8, 2005
Kevin Zeese
"Optical scan machines hacked in Florida"
June 2, 2005
Black Box Voting
"Does ES&S really want to sell the Automark machines?"
May 28, 2005
John Gideon
"Attack on election board whistleblower and leaked Blackwell threats re-fire Ohio's election theft scandal"
May 23, 2005
Bob Fitrakis and Harvey Wasserman
"Franklin County, Ohio Election Procedures – April and May 2005"
May 6, 2005
Paddy Shaffer
"Carter Gets It – But Will His Electoral Commission?"
April 24, 2005
Kevin Zeese and Linda Schade
"Voter Perceptions and Political Deceptions: Federal, Ohio and Knox"
April 24, 2005
Mike Swinford
"Electoral reform groups call for James Baker's resignation from electoral reform commission"
April 17, 2005
Ilene Proctor
"National Conference on Election Reform Opens with Civil Rights Panel"
April 13, 2005
Abigail Thorton
"View from Another Planet"
April 13, 2005
Josh Mitteldorf
"Democrats! Paper “Trails” Aren’t Good Enough. Count The Damn Ballots!"
April 12, 2005
Lynn Landes
"Democrats, Paper ‘Trails’ Aren’t Good Enough; Count The Damn Ballots!"
April 1, 2005
Lynn Landes, Online Journal Contributing Writer
"Scientific Analysis Suggests Presidential Vote Counts May Have Been Altered"
March 30, 2005
US Vote Counts
"As Blackwell Says, Ohio’s in 2004 was a National Model"
March 24, 2005
Steve Rosenfeld, Bob Fitrakis, and Harvey Wasserman
"Understanding the difference between paper ballots and paper audit trails"
March 20, 2005
Gary Beckwith
"Save Our Democracy"
March 16, 2005
John Irwin
"Republicans maneuvering to get Voting Rights Act killed"
March 10, 2005
Rev. Jesse L. Jackson, Sr.
"Legal filing highlights Blackwell's hypocrisy in Ohio recount case"
March 7, 2005
Blair Bobier
"Selma 40 Years Later"
March 6, 2005
Rev. Jesse L. Jackson, Sr.
"Exit Poll Madness - Analyst Steve Freeman & Company Offer False Choice"
March 4, 2005
Lynn Landes
"Libertarians To Testify in Ohio House: Modernize Ohio's Election Laws"
March 3, 2005
Robert Butler
"The New Voting Rights Movement Begins Here Today"
March 2, 2005
Steven Rosenfeld
"Voting in America"
February 28, 2005
Bob Babson
"The Mighty Texas Strike Force"
February 28, 2005
Nick Mottern - Documentary News Service
"Blackwell presidential election sanctions briefs"
February 22, 2005
Various individuals
"Representative Conyers and others file amicus brief in Ohio Supreme Court"
February 17, 2005
Dena Graziano
"Congresswoman Tubbs Jones Outraged at Blackwell's Failure to Appear During House Administration Hearing"
February 12, 2005
Office of Rep. Tubbs Jones
"Ohio Attorney-General's attack on election protection attorneys draws mountain of documentation on state's stolen election, including new study on exit polls"
February 3, 2005
Steve Rosenfeld and Harvey Wasserman
"Prominent Statisticians Refute 'Explanation' of 2004 U.S. Exit Poll Discrepancies in New Edison/Mitofsky Report and Urge Investigation of U.S. Presidential Election Results"
January 31, 2005
Bruce O'Dell
"The last man to concede..."
January 29, 2005
Sheila Samples
"Report on Washington DC, January 6, 2005"
January 25, 2005
Avram Friedman
"Arkansas in 2004: Did Bush Really Win?"
January 24, 2005
Max Standridge
"New links"
January 23, 2005
Free Press staff
"Voting Problems and Uncounted Votes in Lucas County, Ohio"
January 23, 2005
Justine Smith
"Plan B: Parallel Elections & Signed Ballots"
January 20, 2005
Lynn Landes
"Open Letter to Ohio Attorney General Jim Petro from Representative John Conyers, Jr."
January 20, 2005
Representative John Conyers, Jr.
"Open Letter to Warren Mitofsky and Larry Rosin from Representative John Conyers, Jr."
January 20, 2005
Representative John Conyers, Jr.
"Ohio's GOP Attorney General launches revenge attack on Election Protection legal team"
January 19, 2005
Steve Rosenfeld and Harvey Wasserman
"What are they hiding in New Mexico?"
January 18, 2005
Warren Stewart, National Ballot Integrity Project
"In the Shadow of Dr. King, counting the vote remains a civil rights issue"
January 17, 2005
Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Did the “Liberal Media” Get the 2004 Election All Wrong?
"
January 16, 2005
Gene C. Gerard
"'COUNT EVERY VOTE. EVERY VOTE COUNTS'"
January 16, 2005
Mary Anne Saucier
"Moss v. Bush moves on and movement continues"
January 13, 2005
Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Rally Continues Drive for Democracy"
January 9, 2005
Mark Huntress
"Estimated vote count in Ohio"
January 8, 2005
Richard Hayes Phillips, Ph.D.
"January 6 Washington, D.C. rally report"
January 8, 2005
Nick Mottern
"Together, we moved three mountains"
January 8, 2005
Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"What the election challenge means"
January 8, 2005
David Swanson, ILCA
"Progressive Democrats lead historic voting rights protest as Congress ratifies flawed 2004 Electoral College tally"
January 7, 2005
Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Arnebeck letter to Congress re Presidential Electoral Challenge"
January 6, 2005
Clifford O. Arnebeck, Jr.
"Senator Barbara Boxer, D-CA and Representative Stephanie Tubbs Jones, D-OH contested the election"
January 6, 2005
Free Press staff
"The "Crime of November 2": The human side of how Bush stole Ohio, and why Congress must investigate rather than ratify the Electoral College (Part Two of Two)"
January 5, 2005
Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Status Report of the House Judiciary Committee Democratic Staff"
January 5, 2005
U.S. Rep. John Conyers and staff
"Seven key reasons why the vote must be challenged at the electoral college"
January 3, 2005
Rev. Jesse Jackson, Rainbow/PUSH Coalition
"Ten preliminary reasons why the Bush vote does not compute, and why Congress must investigate rather than certify the Electoral College (Part One of Two)"
January 3, 2005
Bob Fitrakis, Steve Rosenfeld and Harvey Wasserman
"Verified election contest petitions and documents in Ohio Supreme Court "
January 2, 2005
The undersigned
"Distribution of voting machines by county in Ohio"
January 1, 2005
Andy Shifflette
"Did We Bounce An Election?"
January 1, 2005
Warren Stewart, votersunite.org
"Presidential election congressional hearing transcript"
January 1, 2005
Congresspeople Waters, Tubbs-Jones and Conyers and others
Selected articles from 2004
"Ohio's official non-recount ends amidst new evidence of fraud, theft and judicial contempt mirrored in New Mexico"
December 31, 2004
"Impossible Phantom Votes in New Mexico
"
December 30, 2004
"The 2004 Presidential Election: Who Won The Popular Vote? An Examination of the Comparative Validity of Exit Poll and Vote Count Data"
December 29, 2004
"Ohio GOP election officials ducking notices of deposition as Kerry enters stolen vote fray"
December 28, 2004
"Another third rate burglary"
December 25, 2004
"Hacking the vote in Miami County"
December 25, 2004
"Update from the Ohio Frontlines"
December 24, 2004
"Lawsuit Before the Ohio Supreme Court"
December 24, 2004
"Kerry votes switched to Bush and ballots pre-punched for Bush"
December 24, 2004
"Uncounted votes in Cuyahoga County"
December 24, 2004
"GAO report documents how easy it is to hack the vote"
November 15, 2005
"J30 Election Reform Coalition"
March 21, 2005
"The Un-mighty New Hampshire Jam Force"
March 21, 2005
"Petro sanctions democracy"
March 21, 2005
"Progressives helped concede election by conceding the moral high ground"
March 21, 2005
"We will not concede, or get over it, but we shall overcome"
January 23, 2005
"From Selma to Palm Beach to Columbus"
January 23, 2005
"Movement Heroes"
January 23, 2005
Read Articles by Year:
2007 2006 2005 2004
2003 2002 2001 2000
All content © 1970-2008
The Columbus Free Press
Disclaimer