Ohio Law

News and Announcements from the Supreme Court of Ohio and Other Governmental Entities Within the Buckeye State.

Thursday, December 16, 2004

Election Contest Petitions Dismissed

From Gongwer News Service:

Chief Justice Thomas Moyer today dismissed on procedural grounds a petition activists filed challenging results of the presidential election in Ohio. Justice Maureen O'Connor dismissed on the same grounds a petition contesting the election of Mr. Moyer. Contesters had included both challenges in the same petition. Both were dismissed "without prejudice," meaning they could be filed again in different form.

Here is the link to Chief Justice Moyer's ruling:

http://www.sconet.state.oh.us/rod/newpdf/0/2004/2004-ohio-6792.pdf

Here is part of what he said:

{ΒΆ 7} As Chief Justice, I have statutory authority to determine only thechallenge filed by the contestors to the election of President and Vice-President.No statute or case law authorizes the filing of multiple election contests in a singlecase. The complaint is fatally defective. I therefore order that the contest of thepresidential election held on November 2, 2004, be dismissed without prejudice.
So ordered.

Later


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