U.S. Appeals Court In Cincinnati Greenlights Probe Into Hamilton County Voting: 849 Provisional Ballots Must Be Checked For Pollworker Error

Sec'y of State Brunner Also Weighs In 

CINCINNATI (TDB) -- The ruling by the 6th Circuit Court of Appeals was a legal victory for Tracie Hunter, a Democrat who contends procedures at the Hamilton County Board of Elections may have cost her hundreds of votes.  Hunter trails Republican John Williams by 23 votes in the race for Juvenile Court judge.  Williams sought a decision from the 6th Circuit that would have shelved an investigation into provision ballots that was ordered by U.S. District Judge Susan Dlott.  Williams got slam dunked by the federal appeals court panel -- two members of the three-judge panel were appointed by Democratic presidents.  But the ruling came without any dissent from a George W. Bush appointee.  That lessens crticism partisan antics was behind the decision.

Meanwhile, Ohio Secretary of State Jennifer Brunner, a Democrat who is leaving office next month because she didn't seek reelection, issued a directive that governing procedures ove how provisional ballots must be examined for poll worker error.  Brunner's directive said the possibility numerous voters were sent to the wrong precinct in Hamilton County polling locations with multiple precincts should be examined .  There are about 290 of those provisional ballots at stake in the Hunter-Williams contest.  Brunner's order mandates:

" . . . if a board of elections finds multiple provisional ballots voted in the correct polling location but wrong precinct, it should, either in writing, with written responses from the poll workers, or at a public meeting of the board, question the poll workers in that polling location to determine whether they followed the board's instructions for ensuring that voters were directed to the correct precinct.  If the board finds that poll worker error of this nature existed, it shall not reject the provisional ballot, unless other valid reasons for rejection exist, and the board shall count the votes for all races and issues for which the elector was eligible to vote."

A three-judge appeals court panel said the 849 disputed provisional ballots can be segregated as a group for the investigation into poll worker error.  It said the board counted some provisional ballots cast at its downtown headquarters, but rejected others from other locations around the county.  That created possible disparities in how votes were counted:

". . .the Board decided not to count 849 provisional ballots that were cast in the wrong precinct at the regular polling stations on electiong day without investigating whether pollworker error was equally at fault in causing any of these ballots to be cast in the wrong precinct.  This disparate treatment -- county the 26 wrong-precinct ballots based on pollworker error during early voting without similarly investigating whether pollworker error led to any of the 849 ballots being case in the wrong precinct on election day -- forms the basis for the injunctive order in this case.  We cannot conclude that the district court abused its discretion in determining that this disparate treatment made it 'likely enough that the [likelihood-of-success] factor weights in favor of granting the preliminary injunction.'  This analysis weighs against Williams' motion to stay the district court's preliminary injunction."

The 6th Circuit decision was issued by judges Gilbert S. Merritt, appointed by Democratic President Jimmy Carter; Ronald Lee Gilman, appointed by Democratic President Bill Clinton, and Deborah L. Cook, appointed by Republican President George W. Bush.

[UPDATE: 12/-3/10 9:30 a.m. -- Justin Jeffre at the Cincinnati Beach links to The Daily Bellwether and says action on the legal front is positive news for Tracie Hunter. Jeffre writes that "it looks like Tracie Hunter is likely to become the first African American Juvenile Court Judge in Hamilton County . . ." What is also an interesting sidelight about voting last month is that Democratic women did quite well in Hamilton County: Nadine Allen, another African American woman, won a contested Common Pleas Court judgeship; Jody Luebbers was unopposed by the Republicans and won a full six-year term in the judgeship that had been vacated by GOP Chairman Alex Trinatafilou; Hunter is closing in on the juvenile spot, and State Rep. Connie Pillich was reelected to the State House over the local Tea Party founder. In countywide contests, the Dem women did far better than males.]

Scandal Rumors Percolate At Hamilton County Courthouse: Feds Said To Be Probing $4 Million In Uncollected Bail Bonds

CINCINNATI (TDB) -- The wraps seems to be coming off a closely guarded secret: Feds are reportedly poking around the courthouse to learn if up to $4 million was scammed from the public coffers.  Allegedly, the missing money involves forfeited bail bonds that haven't been collected through the court clerk's office in Hamilton County.  If true, this is huge.  The rumor mill cranked up after U.S. District Judge Michael R. Barrett yesterday placed on hold a civil lawsuit that accused county and state officials of  blocking bail bondsmen from soliciting business on the courthouse grounds.  While that lawsuit, Case No. 1:10cv285, has nothing to do with the rumored FBI investigation, it indirectly may have played a role by stirring interest in Cincinnati's bail bonding operations.

WKRC-TV, Channel 12 has reportedly been working on an investigative news story about a massive breakdown in procedures to collect forfeited bond money.  In Cincinnati, judges set bonds.  But if  accused criminals skip town or dodge their court dates, bond money is forfeited.  The paperwork processing the forfeitures is done in the Hamilton County Clerk of Court's office.  At this point, it is not clear if there was an administrative breakdown or corruption.  Another possibility:  Nothing is amiss, the rumor mill has just gone wild.  But the opinion here is that there is more to this than smoke.  Reportedly, Democratic officials in Hamilton County are getting ready to file public records requests with Court Clerk Patricia M. Clancy that would seek open documents about bond forfeitures and sums owed to the county.  In addition, the Democrats are said to plan on seeking all records showing payments made by bonding companies on forfeitures since Jan. 1, 2009.  Interestingly, the Democrats could turn up public records requests made by Channel 12 -- Cincinnati's ABC affiliate -- during the course of any digging done by the TV station.  They also might find out what the FBI is up to, if anything.

All this rumor and etc. comes at a time when John Williams, a top aid to Clancy, is running for a seat on the Hamilton County Juvenile Court.  Williams is a Republican who has a Democratic opponent.  Nobody suggests that Williams has done anything improper.  The Daily Bellwether has known Williams for years: His reputation is impeccable, he's always been ethical, he is a square shooter.  Williams, a former prosecutor, was the Hamilton County Board of Elections director during some very partisan contests, especially the 2004 Bush v. Kerry contest.  He emerged with his reputation intact.  But if there really is a scandal about millions of dollars in uncollected bail bond money, the juvenile court judge campaign would be impacted.  Political opponents would move quickly to depict Williams and Clancy as asleep at the wheel, or inept.  The Daily Bellwether is of the opinion that the efforts to seek records about bail bonds dating back to Jan. 1, 2009 are aimed at Williams and Clancy -- she took over the clerk's office after winning the job in the November 2008 general election.

The flap seems to have its roots in an Ohio Department of Insurance proceeding against A-1 Bail Bonds owner Debra Henneke, who is challenging her bail bondsmen license revocation. Competitors and clerk's officials said she was soliciting business on the courthouse grounds.  Henneke fought back.  She hired lawyer Robert Newman, and apparently private investigators who reportedly uncovered the irregularities.  At least, that's what is being spun around the courthouse and political circles.  In his ruling yesterday, U.S. District Judge Barrett said he was temporarily staying out of the litigation to allow bail bondsmen to solicit business from bail bondsmen in the courthouse:  "This matter shall be stayed pending the conclusion of state administrative proceedings brought against Debra Henneke."

UPDATE: 10/7 4:22 pm -- CityBeat has heard the rumors, too. Kevin Osborne is reporting that Hamilton County Democratic Chairman Tim Burke has filed a formal public records request seeking  fnancial records about bond foreitures at the GOP controlled courthouse.  The Bellwether has heard from two sources today who said there is a federal probe.  They also said Channel 12's Jeff Hirsh has been working on the story.  I tried to call Hirsh for comment.  No luck.

Hamilton County Juvenile Court Contest Draws Two Big Names: Democrat Dan Donnellon v. GOP's John Williams

CINCINNATI (TDB) -- The Juvenile Court job will be an open seat this year, and there is going to be a vigorous contest for the judgeship now held by the GOP. Often in the past, judicial seats were the subject of backroom political deals brokered between the two major political parties. Not this year. Democrat Dan Donnellon already has a Website. He's going to face John Williams, former director of the Hamilton County Board of Elections. Williams is now chief aide to Hamilton County Clerk of Courts Patty Clancy. Donnellon's late father, Ed, was a municipal court judge. Here's Donnellon's opening shot:

"My legal career and academic background speak for themselves. I have maintained a practice devoted to trial court litigation my entire career. I am a published author of a legal text, a frequent lecturer for the Supreme Court of Ohio, and an Adjunct Professor at the University of Cincinnati College of Law. I have twice been named to the list of "Ohio's Top Lawyers." But, what many Hamilton County voters may not know is my passion for the healthy development of children.

"For over 15 years, I have actively served in youth ministries in my Church. I have taught religious education, worked with special liturgies designed for children, and have been involved in Youth Group activities. But, perhaps my biggest challenge in recognizing the need for proper development and intervention for children came in 1988 when my daughter, Kelly was born profoundly Deaf. I, and my wife of 24 years, Carole immediately began to learn Sign Language and taught it to our other two children. We learned a great deal about children with difficult social and environmental challenges. I am committed to using these life-lessons in compassion and understanding to assist in the rehabilitation of Juvenile offenders."

[Ed. Note to John Williams: If you have a statement, please e-mail it to the Bellwether at Cincybellwether@Yahoo.com. Will be glad to post it.]