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.]

'Jobs Czar' Lee Fisher Joins 591,000 Ohioans Seeking Work: Resume Must Disclose He Was Deadweight Dud On Dem Ticket

Lee Fisher Deserves Some Blame

CINCINNATI (TDB) -- There are those who are saying today that, "Lee Fisher, quite simply, cost Ted Strickland re-election."  The line originated with Tim Russo at Plunderbund.  And the fact is, Fisher's run for the U.S. Senate was punchless, disastrous, callous, inept, a massive display of ego, the mission of a fool.  Ohio's lieutenant governor did nothing to help the statewide ticket -- he could not raise money, he could not inspire voters, he was a human punching bag for Republican Sen.-elect Rob Portman, who pummeled Fisher.  Every campaign spot by Portman had the add-on impact of delivering a body blow to Strickland.  Fisher was in charge of creating jobs in Ohio -- he couldn't even make one for himself.  Now he's headed for the unemployment lines, where he will join 10% of the state's workforce. Fisher deserves to stand in that line; the other Ohioans deserve paychecks and careers.  To call Fisher an albatross around the neck of Gov. Ted Strickland's unsuccessful re-election campaign would be an insult to albatrosses.  Fisher is a loser -- he lost the 1994 race for attorney general, he lost the 1998 race for governor against Bob Taft.  He was pulverized by Portman on Nov. 2, 2010.    

Plunderbund's Russo has a great analysis of Fisher's anthrax-like harm to the statewide ticket. And he wonders why so many of the state's Democratic leaders were blind to his toxic presence:

"Establishment Democrats at the very top of our party were hell bent on preserving Lee Fisher for Rob Portman to destroy.  DSCC chair Bob Menendez was quite explicit in his threats to Jennifer Brunner. The crowning glory was the total abdication by EMILY’s List of their entire reason for being, abandoning a progressive woman statewide office holder in favor of a male establishment pillar built on sand who they must have known was about to collapse.  It’s hard to imagine a more effective way of destroying your organization’s credibility, and EMILY’s List did that for Lee Fisher.
Then, they all went away.  Every one of the people who made threats of lost state business, who acquiesced to those threats, thus stifling Jennifer Brunner’s fundraising, was nowhere to be found as Lee Fisher literally vanished during the summer, then in a last ditch effort to apparently entertain himself, spiraled into self-parody.

"What was Lee’s effect on the rest of the ticket?  Fatal.  My, how we can count the ways….but one stands out.  Blindingly so.  When Lee Fisher demanded and received the double-dip title of  'jobs czar,' neither he nor Ted Strickland probably expected the entire world economy to collapse in 2008.  Well, it did.  At that point, it should have been clear to every Democrat in Ohio, or Washington DC, that Lee’s presence at the top of the ODP ticket in 2010 would make every Rob Portman 'jobs' attack a double dip, too – those ads would hit Ted Strickland just as hard as they hit Lee Fisher."

Rob Portman Should Renounce COAST

By Jennifer Brunner, Ohio's Secretary of State and Democratic candidate for U.S. Senate, crossposted on OhioDailyBlog

Think about what Congress could be like if our members of Congress remembered that each is a person first and then and only after that, a partisan. It’s really not asking too much of them.

Many of us choose party affiliations because we agree with a general way of thinking and a general approach to how to solve society’s problems. As we examine our views and why we hold them, we may move to the “right” or “left” within our party, but we usually stick with our party as long as we have enough common ground that keeps us working together in a way we agree will accomplish our goals. Bipartisanship happens when opposing parties see each other as adversaries and not as outright enemies—when the competition is based on ideas and doesn’t get personal.

Bipartisanship comes from finding common ground, often higher ground, that both parties can agree on—even if at first just in concept. Problem areas can be parsed into smaller pieces to look for common ground. And in instances when there is not agreement, subjects of remaining contention are set aside while focus is on consensus on issues where it can be reached. Eventually, the last few sticking points may look different with other issues resolved, until there is at last compromise. That’s how cooperative adults do it—and succeed.

Imagine how sickened I was to hear that former Congressman Rob Portman (R-Ohio), a GOP candidate for the U.S. Senate, is headlining an “important and only major fundraiser of 2010” for COAST (Coalition Opposed to Spending and Taxes) on March 1st in Cincinnati. Imagine how sickened I was to see that COAST’s comment on Twitter included this language about the late Congressman John Murtha on the day he died this week: “John Murtha dead at 77. Good riddance bad egg.” Continued in the extended entry

Former Congressman Rob Portman served in the U.S. House of Representatives for 12 years with the late Congressman John Murtha (D-Pennsylvania). How can he possibly even consider headlining COAST’s fund raising event now? Can the worth of any endorsement justify supporting a group spewing such hateful and disrespectful vitriol?

And what about COAST’s endorsement criteria? “If COAST cannot stomach either candidate, it will abstain, and encourage you to do the same. If it prefers one candidate over the other, it will so indicate – and tell you the burnishes and blemishes in their character and record. Occasionally, a charlatan will still slip through our COAST radar, but usually the in-depth research from our COAST Board, and our native instincts help us separate the true patriots from the pretenders.” Is this Rob Portman’s mentality?

John Murtha was the first Vietnam War combat veteran elected to Congress. On the battlefield he won two Purple Hearts and a Bronze Star. A 37-year veteran who retired as a Colonel of the U.S. Marine Corps, he was a respected voice in the U.S. Congress on issues of national security. He was awarded a Profile in Courage Award by the John F. Kennedy Library Foundation in 2006 for “speaking truth to power” when he spoke out against the Iraq war and helped to shift public sentiment about the war and generate meaningful national debate about the progress, policies and objectives of the U.S. presence in Iraq.

Even U.S. House Minority Leader John Boehner (R-Ohio) said of Jack Murtha that his “thoughts and prayers are with his friends and loved ones.” Rob Portman should renounce his support of COAST’s March 1st event and sever his ties with the group. There can be no excuse, no minimizing and no equivocation of this kind of disrespect that has taken our country in the wrong direction. If Rob Portman fails to do this, then Ohio has a very good indication of the kind of courage he will show as a U.S. Senator.

Partisans can hold strong views, and maybe Rob Portman agrees with COAST’s views. One would hope not. It’s incumbent on him to show Ohioans where he stands on respect and bipartisanship—important tools that will get things done for Ohio and the American people. It’s the first step he can take to show Ohioans how he would conduct himself in the U.S. Senate. We need to know.

It takes courage to stand up to those on your own side of the partisan divide—people from whom you might otherwise seek support—and tell them that what they are saying or doing is wrong. Jack Murtha had that kind of courage when he spoke out in Congress against the Iraq War. That kind of courage can result in real change, and we need more of it in the U.S. Senate.

Unfortunate Son? Fisher's Home County Not Endorsing in Senate Primary

By Anthony Fossaceca crossposted on Ohio Daily
The Cuyahoga County Democratic Party will not be taking up the issue of Fisher v. Brunner when they meet this Saturday morning to endorse candidates for state and countywide office for the May primary. According to a spokesperson for the county party, there will not be action taken on an endorsement unless the Ohio Democratic Party chooses to endorse on their own.

While by no means catastrophic to the Fisher campaign, not being able to land the endorsement of his own home county - after decades in elected office - is a rather significant slap in the face. Furthermore, it gives Jennifer Brunner a whole lot of breathing room to maneuver on the ground especially in the western suburbs, the city of Cleveland, and the inner ring communities.

Regardless of whether or not there is an endorsement, Fisher should be able to lock down most of his old state legislative turf in Shaker, Beachwood, and bordering communities. But not having the party support in the toss-up precincts suddenly puts a few more votes into play. And without a party endorsement, precinct captains are essentially freelancing with whomever they choose.

Ohio Secretary of State Jennifer Brunner: Joins Voter-ID Law Challenge

COLUMBUS (TDB) -- Ohio Secretary of State Jennifer Brunner has filed a joint friend-of-the-court brief with counterparts from Vermont and Missouri that asks the U.S. Supreme Court to scrap Indiana's voter-ID law as an unnecessary burden restricting citizen access to the polls. The Supreme Court plans to take up the case in January.

Ohio has a similar law -- adopted in 2006 after the Bush v. Kerry presidential election -- that requires voters to show some form of idenvtification when they cast ballots. Republicans contend the law will curtail election fraud; Democrats like Brunner say it will disenfranchise the urban poor and keep likely Democratic voters at bay.

John Michael Spinnelli at ePluribus Media correctly notes that the Supreme Court's ruling could have significant impact on the 2008 presidential election.

Brunner and others have said the voter-ID laws are about helping Republicans win elections, not preserving honesty at the polls. They say the Republicans have enacted the laws to control a "non-existent problem," and that there is no proof of widespread fraudulent voting or impersonation of voters. They contend the Republicans, by requiring ID's such as driver licenses or birth certificates be shown at the polls, have erected bureaucratic barriers. Republicans, however, fear cheating and point to 2004 voter registration forms in Ohio that included the names of cartoon characters and phoney addresses.

The complete text of the 31-page brief filed in the Supreme Court is available here. It describes the voter ID law as onerous.

"As officials responsible for overseeing elections under a variety of voter identification laws, amici have special insight into the issue raised by these cases. Their experience shows that there is virtually no evidence of voter impersonation fraud, the stated reason for the enactment of the Indiana law at issue here; that laws like Indiana's will effectively disenfranchise many eligible voters, particularly minorities, women, the elderly, the disabled, and the poor, while doing noting to prevent polling place voter impersonation fraud; and that in their States, and throughout the country, honest elections, free of polling place voter impersonation fraud, are held without onerous voter photo identification requirements of the type imposed by the State of Indiana.

"Amici have a strong interest in preserving and defending the integrity, fairness and openness of the electoral process that lies at the core or our democratic system of government, the legitimacy of which depends on ensuring that all eligible citizens are able to exercise the right to vote. They are concerned that the Court's resolution of the issues in the instant case will have a profound effect on election administration laws and future legislation in states beyond Indiana. They ask the Court to reaffirm the principle that the fundamental right to vote shall not be burdened unnecessarily to remedy an essentially non-existent problem."

Missouri Secretary of State Mary Carnahan issued a press release about the brief earlier this month and said there has not been a single case of voter impersonation fraud in her state in elections going back to 2000. She said a 2006 Missouri Supreme Court ruling struck down that state's voter-ID law. She said the court found that 240,000 people would have to get documents with a photo-ID in order to vote.

Ohio Sec'y Of State Jennifer Brunner: Tiebreaker On Ex-NAACP Chief's Run For Judge

CINCINNATI (TDB) -- Ohio Secretary of State Jennifer Brunner must decide if a former Cincinnati NAACP branch president's campaign for a muny court judgeship gets off the ground. The Hamilton County Board of Elections is deadlocked 2-2 on partisan lines over a challenge to the candidacy of Norma J. Holt Davis, a Democrat whose nominating petitions have been questioned on a technicality. A petition form did not carry the street address of the person who circulated the document and collected signatures.

Brunner's spokesman, Jeff Ortega, said the secretary of state gets to break the stalemate under Ohio law. He said the dispute has not yet been referred to Columbus, but will be reviewed and acted upon rapidly once it reaches Brunner.

"If there is a tie vote, it goes to the secretary. This office will work as quickly as possible to make the decision. It's totally her call."

Holt Davis is an attorney who headed the NAACP chapter for two years earlier this decade. She has filed to run against Hamilton County Municipal Court Judge Bernie Bouchard, a Republican appointed by former Gov. Bob Taft. She says the challenge to her candidacy is groundless.

. . . the same circulator generated three of the petitions and fully complied with the statute on two of the three, and inadvertently left his address off of circulator's statement on a third petition. There is substantial compliance. Here as in other cases where substantial compliance was found, there is no fraud or deception and the public is not harmed or misled."

Secretary of State Jennifer Brunner: Oops! She Has Own Campaign Stuff Up On State Web Site

COLUMBUS (TDB) -- Ohio's Democratic Secretary of State Jennifer Brunner is the state's top election official. But she seems to be violating a cardinal rule by blatantly mixing official business with her electioneering literature. Check out this clearly labeled campaign material on her official state portal. Some Republicans have spotted the screw up and are beginning to quietly pass word around today it is evidence Brunner is a bit holier than thou as a politician.

[UPDATE: Some additional Brunner campaign material on the state portal turns up HERE.]

[UPDATE 1: To get to the campaign pdfs click HERE and scan down the page to the four initiatives listed in The Brunner Plan.]

The gist of it: If you are throwing stones, don't live in a glass house. No doubt some tech-savvy GOPers are snapshotting the pages right now.

Brunner, indeed, is trying to clean house at the Cuyahoga County Board of Elections, where she says the four board members, including Ohio GOP Chairman Bob Bennett, have tolerated incompetence and sloppy performance for years. Two Democratic board members have resigned, but the two Republicans have so far dug in. Bennett, in particular, has said he'll fight Brunner's efforts to remove him from the Cleveland post.

Now some questionable activities by Brunner's office have surfaced. She has taken material from her 2006 campaign and put it online without even an edit job. The headline clearly urges people to vote for Jennifer Brunner for Secretary of State and the piece was prepared by the Jennifer Brunner Committee and gives its phone number, 614-255-4254. It appears on the state's portal under "The Brunner Plan" on her official Web site.

The Brunner plan doesn't seem to have much to do with elections, but promised to convene a collaborative "of business, non-profit, labor, government and university leaders to define a continuum fore measuring wage earner and family well-being: What is a community in crisis? What is a stable community? What is a thriving community?"

John Edwards: Junk Touch-Screen Voting Machines

CINCINNATI (TDB) -- Progressive Democrats of America says John Edwards spoke at a California event and said he wants to rid the nation of touch-screen voting. Many are suspicious that the machines can be jiggered to report inaccurate results. There is a movement out there that suspects John Kerry and John Edwards are not in office today because the 2004 election was rigged.

[UPDATE: This post is on the Edwards campaign Web site about his comments. Though not directly from the campaign, it does say Edwards wants DRE machines scrapped. However, there is an inconsistency. The post says he wants those eliminated that do not have paper trails. The other says paper and paperless. I'm attempting to find out what is up.]

Apparently, Edwards was questioned during an appearance four days ago in Pacific Palisades and said the machines must go. His campaign does not seem to have put out a presser. The PDA has a weblog and is reporting an exchange between Edwards and a questioner:

Q. "You know the effect new technology has had on our elections, and after working a year and a half on this, Progressive Democrats of America and others have identified that the worst offender is the touch-screen direct record electronic voting machine.

"Edwards nodded and vigorously drew a large X in the air in front of him with his free hand.

Q. "So I'm going to ask you, do you support complete removal of Touch-Screen Director Record Electronic voting from our election systems, with or without a paper trail?"

A. "Yes!" Edwards replied without elaboration or equivocation."

The blog report said the room erupted in cheers and applause. Election machinery is a sleeping issue on the trail. Questions about accuracy and access and competency are hot in Cuyahoga County, where the board of elections has been plagued with miscues and finally eased out the elections director. Democrat Jennifer Brunner made voting integrity the heart of her successful campaign for Ohio Secretary of State last year. Prediction here: As the campaign grinds along there will be a lot more said about voting and counting ballots correctly. There are too many people out there who don't trust the system to function properly and fairly.