What's this - more of what the Repub's are afraid of?

Published on Tuesday, December 7, 2004 by CommonDreams.org

The Ohio Recount Will Go Forward

by John Bonifaz


John C. Bonifaz, founder and general counsel of the National Voting Rights Institute, presented this speech before the "Fight for Democracy" rally in Columbus, Ohio, on December 4, 2004:

We serve as co-counsel for presidential candidates David Cobb and Michael Badnarik in their demand for a full recount of all votes cast in Ohio for President in the 2004 general election.

In a democracy, votes must count and every citizen's vote must be properly counted. We are here today to fight for our right to vote. We are here today to fight for the United States Constitution. We are here today to fight for the promise of democracy.

Our clients, David Cobb and Michael Badnarik, have demanded a full recount of all of the votes cast in Ohio for President in the 2004 election. They are standing up for all of us to help ensure a proper counting of the votes and to protect the integrity of our electoral process. We at the National Voting Rights Institute are proud to represent them, along with voters across the state and Common Cause/Ohio in support of the recount.

But certain election officials are standing in our way.

Under Ohio state law, candidates Cobb and Badnarik are entitled to seek a recount provided that they post the necessary bonds to help pay for it. People throughout this state and this nation have contributed the required $113,000 for the posting of the bonds. Candidates Cobb and Badnarik have a right to this recount. We, as a people, have a right to this recount.

But certain election officials are standing in our way.

Secretary of State J. Kenneth Blackwell is actively engaged in thwarting the recount law. He is doing everything in his power to deny our clients from having a meaningful and timely recount. We stand here today on December the 4th, a full 32 days after the November 2nd election, and Mr. Blackwell has yet to certify the statewide results of this election. Thirty-two days - no certification. The Ohio recount law states that candidates shall file their requests for a recount within five days after the Secretary certifies the statewide results. Mr. Blackwell knows that, which is why he is delaying his certification until this Monday, December 6. On December 7, his office says he will be sending out certificates to the presidential electors for their casting of the votes at the Electoral College on December 13. These dates are created by federal statute. Mr. Blackwell knows that. He is intentionally allowing no time for a recount to occur before he sends out the certificates to the presidential electors on December 7 and before the Electoral College meets on December 13. Mr. Blackwell, who also serves as chair of the Bush-Cheney campaign in Ohio, is doing everything he can to push through a slate of electors based on an untested, initial count of the vote.

He must be stopped. The federal judiciary has sadly refused to intervene. The federal courts recognize that the candidates have a right to a recount. We will have our recount. But while the courts will not expedite this recount process, we have a message today for Mr. Blackwell:

In the name of democracy, in the name of the right to vote, in the name of the Constitution, let the recount process proceed to its completion before you send the certificates to the presidential electors. Let the recount process proceed to its completion before the Electoral College meets. Let the recount process proceed to its completion prior to the casting of Ohio's Electoral College votes.

Presidential electors serve a term of office. It is a one day term. They show up to meet to cast their state's electoral votes in the Electoral College. They derive their power from the people of each state. They represent the will of the voters.

If a recount process is proceeding, by definition, the will of the voters remains undetermined. No presidential elector has the right to assume his or her term of office until a final determination of the vote count is made. And no secretary of state has the right to certify the presidential electors until a final determination of the vote count is made. In a democracy, votes must count.

So, let me be clear here. Let me be clear. We will have a recount in this state. That recount process will begin immediately after Mr. Blackwell certifies the statewide results on Monday. And even if, even if the Electoral College meets on December 13, the recount process will proceed. And if, at the end of the recount process, it is determined that a different set of presidential electors should be representing the people of Ohio, that set of electors will meet and will cast their votes for President. And if that happens, the United States Congress will receive the votes of two competing sets of presidential electors from the state of Ohio when it convenes on January 6, 2005, to formally receive the Electoral College votes. One slate will be chosen by Mr. Blackwell. The other will be chosen by the will of the people of Ohio. We will have a recount. And the fight will go on.

Yesterday, the federal district court in Columbus denied the Delaware County Board of Elections and the Delaware County prosecutor their demand for an injunction to stop the recount in that county. The court recognized the candidates' right to a recount.We will fight any effort by any election official in this state who seeks to defy the law and deny our clients' right to a full recount of all votes cast for President in the 2004 election. We stand with you in this fight for democracy. Please visit our website, DefendTheRecount.org. Join our legal defense fund. Sign up for updates on the legal fight. We need you to help make this fight possible. DefendTheRecount.org

Mahatma Gandhi once said:

First, they ignore you. Then they laugh at you. Then they fight you. Then you win.

They are no longer ignoring us. They are no longer laughing at us. They are fighting us now. And we're going to win. The right to vote will win. The Constitution will win. Democracy will win. Count every vote.

----------------------------------------------------

For more information on the legal defense of the Ohio recount, see www.defendtherecount.org.

John Bonifaz is the founder and general counsel of the National Voting Rights Institute based in Boston, a national non-profit non-partisan organization dedicated to protecting the constitutional rights of all citizens to vote and to participate in the electoral process on an equal and meaningful basis. Mr. Bonifaz serves as co-counsel on behalf of presidential candidates David Cobb and Michael Badnarik in their demand for a full recount of all votes cast in Ohio for President in the 2004 general election.

Let's hear it from the 'Sheep!

**crickets**

Is this the kind of gov't you voted for Sloan, ClydeTri, moneyman, Drofspin, etc? Tell me again that GWB "won" the election and that we should all "get over it and move on".

Or, should those responsible be fired from their positions, rightly brought up on fraud and similar charges, and a proper recount held? WHERE IS YOUR MORAL CORRECTNESS NOW?

**very loud crickets**

The Democratic party is taking a somewhat wussier stance on this. Here's what I got in e-mail from the Dem National Committee:

"After reviewing available information, the Democratic National Committee has decided to conduct a thorough investigation of key election issues arising from the conduct of the 2004 general election in Ohio.

This investigative study will address the legitimate questions and concerns that have been raised in Ohio and will develop factual information that will be critically important in crafting further key election reforms. This project seeks to answer such questions as:

Why did so many people have to wait in line in certain Ohio precincts and not others?
Why weren't there enough machines in some counties and not others?
Why were so many Ohioans forced to cast provisional ballots?
We will find answers to help implement and advocate reforms in the future.

Let me be clear. We do not expect either the recount in Ohio or our investigation to overturn the results of this election. But both are vital to protecting every American's voting rights in future elections. And the Democratic Party will never waver when it comes to upholding this sacred trust."

The Democratic Party has been so cowed by the Right-controlled media, afraid that if they get up and scream about this the media will pounce.

The Democratic Party has been so cowed by the Right-controlled media, afraid that if they get up and scream about this the media will pounce.
It takes integrity and courage to stand up for what you know is right when doing so directly benefits your opponent and does little at all for you other than get you painted as a radical in the press.

The democrats should be ashamed that two of the parties they did everything in their power to prevent from being on the ballots in November are the ones fighting to get their candidate in office.

I'm so pleased with how I voted. I can't wait to watch the democratic party implode.

I'm so pleased with how I voted. I can't wait to watch the democratic party implode.

So how'd you vote Ken?

So how'd you vote Ken?
LOL! You can't tell from my posts here??? You're being facetious, right?

(Hint: he lost really, really big and is one of the two mentioned in the second paragraph of the article you posted)

LOL! You can't tell from my posts here??? You're being facetious, right?

(Hint: he lost really, really big and is one of the two mentioned in the second paragraph of the article you posted)

Actually I couldn't guess, figuring you were on the Right generally, but then from some of your recent posts you haven't heaped a lot of praise upon the Bush crew. I thought you might have gone Libert. as a protest vote, but then...might have went nuts with the cognitive dissonance that seems to affect many Neo supporters and voted for them anyway!?

LMAO!

Actually I couldn't guess, figuring you were on the Right generally, but then from some of your recent posts you haven't heaped a lot of praise upon the Bush crew. I thought you might have gone Libert. as a protest vote, but then...might have went nuts with the cognitive dissonance that seems to affect many Neo supporters and voted for them anyway!?

LMAO!
Libertarian through and through. That's why I tend to come down on different sides depending upon the issue at hand. Sometimes it's on the right, others it's on the left. When it comes to our government I don't care much for neo anything. I think the framers got it 99.9% right and that very, very few of the alterations we've made at the federal level have actually benefited the citizens overall. (That's another thread)

Whatever we may disagree on in other topics aside, and even though I may play devil's advocate sometimes, you and I are in complete agreement regarding BushCo. I think Bush is a coward, a traitor, a liar and a scumbag (to name a few) and would love to see him get his due some day.

Let's hear it from the 'Sheep!

**crickets**

Is this the kind of gov't you voted for Sloan, ClydeTri, moneyman, Drofspin, etc? Tell me again that GWB "won" the election and that we should all "get over it and move on".

Or, should those responsible be fired from their positions, rightly brought up on fraud and similar charges, and a proper recount held? WHERE IS YOUR MORAL CORRECTNESS NOW?

**very loud crickets**
GWB won the election. You are a bitter partisan with left-over hate from the 2000 election. You cannot admit that your side lost. You will be lost in the wilderness until you come to grips with this reality. You keep insisting it ought to be different when, in fact, GWB won. Nothing you or you foil-hat friends do will change that fact. Get over it and move on.

At times I read your ridiculous claptrap and laugh. At other times I read it and weep for you, because it must be awful being so unhappy and miserable.

It is unlikely you will read this because I am on your ignore list, as you have stated any number of times. The best way to remain ignorant is to ignore (see the relationship?) information that is contrary to your uneducated beliefs. So far you have done a marvelous job of that.

GWB won the election. You are a bitter partisan with left-over hate from the 2000 election. You cannot admit that your side lost. You will be lost in the wilderness until you come to grips with this reality. You keep insisting it ought to be different when, in fact, GWB won. Nothing you or you foil-hat friends do will change that fact. Get over it and move on.

At times I read your ridiculous claptrap and laugh. At other times I read it and weep for you, because it must be awful being so unhappy and miserable.

It is unlikely you will read this because I am on your ignore list, as you have stated any number of times. The best way to remain ignorant is to ignore (see the relationship?) information that is contrary to your uneducated beliefs. So far you have done a marvelous job of that.

This is a perfect example of why you were one of the first to make it on my ignore list: you have nothing of substance to add to a discussion. It seems to me the "bitter partisan" around here is you, because there is plenty of evidence of the foul play in Ohio to name just one state, and you obviously can't address that - so you attack the messenger instead. Must be nice to live in your fascist fantasy world, hmm?

Anyone of actual integrity and who possessed at least the intelligence and/or education of a small soap dish, would be more than happy to see the voting done honestly and fairly, regardless of whose side supposely "won" in a farce election. GWB no more won this election than he did in '00, and you know it. Or maybe you don't know it, because in your extreme state of denial you don't dare face the facts about your dominionist/Straussist/fascist leaders.

So it's back on the list with you. I have nothing more to say here.

This is a perfect example of why you were one of the first to make it on my ignore list: you have nothing of substance to add to a discussion. It seems to me the "bitter partisan" around here is you, because there is plenty of evidence of the foul play in Ohio to name just one state, and you obviously can't address that - so you attack the messenger instead. Must be nice to live in your fascist fantasy world, hmm?

Anyone of actual integrity and who possessed at least the intelligence and/or education of a small soap dish, would be more than happy to see the voting done honestly and fairly, regardless of whose side supposely "won" in a farce election. GWB no more won this election than he did in '00, and you know it. Or maybe you don't know it, because in your extreme state of denial you don't dare face the facts about your dominionist/Straussist/fascist leaders.

So it's back on the list with you. I have nothing more to say here.
It's just never very important.

It's just never very important.

Ok Moneyman, so you KNOW for a fact that more people in Ohio voted for Bush than for Kerry?