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Tuesday, January 31, 2012

Deal Brewing To Count Provisional Ballots in 2010 Juvenile Court Election: Democrat Tracie Hunter Close To Claiming Disputed Judgeship

Quiet Talks To Settle Disputed Election?
CINCINNATI (TDB) -- At the moment, a mediation session in Hunter v. Hamilton County Board of Elections  is set for Friday with retired U.S. Magistrate Michael Merz of Dayton.  This is the first indication of any movement.  But the talks could be pushed back because of a death in the family of Hamilton County Republican Chairman Alex Triantafilou, who also heads the four-member board of elections.  The talks are aimed at bringing resolution to a disputed election that has been tied up over allegations of due process and equal protection violations.  Voters cast ballots almost 15 months ago, but no winner has ever been declared in the contest between Tracie Hunter and John Williams, the GOP candidate who was 23 votes ahead when counting stopped.

With those results in a Deep Freeze, Hunter and Williams have filed to run against each other again this year for another seat on the two-judge juvenile court.
 This time, Williams has the judgeship.  An incumbent (Karla Grady) retired to create a vacancy.  Gov. John Kasich appointed Williams, who is trying to hold onto the judgeship by seeking election in November's general election.  So there is a rematch between Hunter and Williams even though their original contest has never been decided.  That  judgeship still sits open.

The Daily  Bellwether has heard from well-placed insiders that a settlement -- if one can be reached -- ending litigation over the 2010 election would have to be approved by U.S. District Judge Susan Dlott of Cincinnati.   Dlott has yet to rule on Hunter's request for a permanent injunction ordering the Board of Elections not to reject provisional ballots cast because of poll worker error.  Dlott would retain jurisdiction under the settlement.   Dlott is said to be urging the sides to try to work out their differences.  But there is nothing in the court filings showing that talks for a negotiated settlement are on the table.  And no one involved has gone on the record to openly discuss the mediation session.

Any possible settlement would likely put Hunter in office.  It is widely agreed that the uncounted provisional ballots would trend her way.  On Nov. 2, 2010, she was 2,800 votes behind in unofficial results.  After some provisional were opened and added to her tally, she cut Williams lead to 23 votes.  Then counting stopped with 849 provisional ballots left to go.  If Hunter wins, she would become the only Democrat on the Juvenile Court, and would be the presiding judge because of seniority.  She would have authority to administer the agency, long a GOP patronage bastion.  Right now, Williams is the presiding judge even though he is unelected and serves by appointment of the governor.  The Ohio Republican Party, which has intervened in the lawsuit, has dropped out of the case.  The Ohio Democratic Party remains active and is supporting Hunter's demand that the provisional ballots be counted.

Any settlement would probably have to include a handshake agreement between the Republicans and Democrats for Hunter to drop out of this year's rematch with Williams, giving him a free ride at the polls and allowing him to stay in office.  That would also have to include a provision that the Democrats not oppose Williams in 2014, when the term expires and he would have to seek reelection.  Here's an excerpt from Hunter's trial brief against the Hamilton County Board of Elections that summarizes the dispute:


"D. Provisional Voting in the Wrong Precinct
In the November 2, 2010 election there were 849 provisional voters whose ballots were
rejected by the Board because they were cast in the wrong precinct.  Of those 849 ballots, 286 provisional voters were in the correct polling location when they voted in the wrong precinct.These 286 voters voted in a multiple precinct polling location.  Some locations have multiple precincts voting in the same room.  The voter must find the right table within the location.  It is the duty of the poll worker to direct the voter to the correct precinct or table. (O.R.C. § 3505.181(C) (1); PX34, Secretary of State Directive 2010-74, p. 12; PX6, Hamilton County Board of Elections Poll Worker Comprehensive Manual, p. 7; PX7, Hamilton County Board of Elections Poll Worker Quick Guide, p. 2).  There is confusion in multiple precinct polling locations because voters do not know which is their correct precinct table."
Many of the legal filings in the U.S. District Court lawsuit are available by clicking here.

13 comments:

  1. I was wondering what was going on with this. Thanks for the info! I know Ham Co Ds and Rs often have "unofficial" agreements not to compete, but court a Court approve that? I have no idea, don't voters get any say in future elections? Where's the election law experts when one is needed?

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  2. About time this gets moving. Tracie Hunter should have the judicial position she won fair and square. Republicans attempted to raise barriers blocking this African American woman from taking her office. They will manipulate the system for power not justice. Remember how they treated this woman who they tried to deny her office.

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    1. Wrong. John Williams officially won the election by 23 votes. Democrats are raising barriers to block this white man from taking his office. They are manipulating the system for power, not justice. Remember how they treated this man who they tried to deny his office.

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    2. Regardless of how votes are counted, Tracie Hunter is not qualified by temperament or experience as a trial lawyer to hold the office of Juvenile Court judge. The possibility that she could become Presiding Judge is a truly frightening development.

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    3. Agreed. Tracie Hunter is not ready from prime time.

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  3. Once again Enquirer sleeping as news breaks. Humble Howard managed to notice today some races in the primary. Nothing but a list of names. No news with any of it. What a sorry excuse for a Fishwrapper. Keep up the good work Bellwethr so we can learn something that is kept quiet.

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  4. Repubs violated Tracie's civil rights. Hamilton County must have federal election observers. Shocking that votes from 2010 election still have not been tallied. Voters disenfranchised in process. IMHO the time is long passed when this matter should have been resolved. Federal court and lawyers did not press for speedy solution which is what this situation demanded. Embarassing that it happened in the USA.

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    1. No, all legal votes have been counted. John Williams won by 23 votes. Democrats are trying to disenfranchise voters by having their votes diluted by illegal votes.

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    2. All votes have not been counted. There are disputed votes. You are only disenfranchised when your vote is not counted. Republicans hoped to stop votes from being counted. Republicans are afraid of allowing all citizens to vote. They are for "me,me" and wining (whining?) and dining. They are not for "us, us." Only "me,me." Pass the Grey Poupon so to wine and dine in Republican style.

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  5. If Ohio law were now what it was in 2004, none of this would have happened. The votes would have been counted and it would have been over more than a year ago. Bear in mind, every one of these voters is a legitimately registered voter. What is at issue here is the hairsplitting technicalities Republicans (read Ken Blackwell) introduced into the law to create excuses not to count votes. What happened here is they couldn't keep their technicalities straight.

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  6. They count votes faster in Iraq and Afghanistan that in Hamilton County. Sheesh!

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  7. The signature arguments of both sides have merit but I am aware of no statistics supporting an argument provisional ballots have elevated levels of vote fraud. This entire episode should be instructive of political fetishism and slack evidence. The presentation of provisional ballots as a boogeyman is done to conjure menace, danger and fear. What we have is flavor without substance.

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  8. Having Tracie seated will be welcome news. Hamilton County's Juvenile Courts have long ignored the evidence that outcomes are much better across the board when juvenile offenders are offered programs rather than incarceration. Tracie Hunter will change that attitude.

    That said, these back room "we won't run anybody" deals do more harm than good for the Democrats. If we can't get the voters on our side, we need to change our tactics and infrastructure.

    And more than anything, voters like to vote! When our options are taken away, we respond by staying home. We Democrats need to make it clear that the GOP doesn't want your vote to count, but we're working to fix that.

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