This may be the groundwork for a lawsuit to nullify the whole 
election--on the grounds
of "voter fraud," of course--if and when the contest doesn't go McPalin's way.

MCM

Ohio Litigating Its Way Through Election Cycle

Partisan Distrust Rampant in Swing State

By <http://projects.washingtonpost.com/staff/email/mary+pat+flaherty/>Mary 
Pat Flaherty
Washington Post Staff Writer 
Friday, October 17, 2008; Page A02

<>http://www.washingtonpost.com/wp-dyn/content/article/2008/10/16/AR2008101600702.html


Earlier this year, Ohio Secretary of 
State 
<http://www.washingtonpost.com/ac2/related/topic/Jennifer+Brunner?tid=informline>Jennifer
 
Brunner met in her office with 61 lawyers and state election 
officials to try to keep disagreements over election issues from 
ending up in court.

That hasn't gone so well.

Brunner, a Democrat, has faced off against Ohio Republicans in eight 
lawsuits this presidential election cycle, and as Nov. 4 nears, the 
legal activity is stepping up.

"I'll bet I'll be in 12 by the time this is done," Brunner said.

Yesterday, the state Supreme Court ruled against Brunner in one of 
the cases, ordering her to allow poll watchers to observe early 
voting, which Republicans had sought. That came a day after Brunner 
had appealed another decision to 
the 
<http://www.washingtonpost.com/ac2/related/topic/U.S.+Supreme+Court?tid=informline>U.S.
 
Supreme Court in a case that could jeopardize the ballots of 200,000 
new voters next month.

Litigation is not new in Ohio politics, but it ramped up this year as 
the swing state became a closely contested presidential battleground. 
About 666,000 voters have registered in Ohio since January, with an 
edge to Democrats.

In 2004, a margin of about 118,000 votes won the state 
for 
<http://www.washingtonpost.com/ac2/related/topic/George+W.+Bush?tid=informline>President
 
Bush and left a trail of bitterness over decisions made 
by 
<http://www.washingtonpost.com/ac2/related/topic/Kenneth+Blackwell?tid=informline>Kenneth
 
Blackwell, the Republican secretary of state at the time. During that 
race, Republicans dropped a plan to challenge more than 30,000 voters 
just days before the election.

This year, Brunner and Republicans have already been in and out of 
court on several issues, including how to handle absentee ballot 
requests and absentee voting.

The case now before the Supreme Court deals with voters whose 
registration information conflicted with Ohio's driver's license data 
or Social Security records. The mismatches could be the result of 
typographical errors, but they also could point to fraudulent 
registrations, the Republicans contend. They took Brunner to court to 
force her to provide county election boards with easily accessible 
lists of the mismatched voters to verify before Nov 4.

Brunner's appeal argues that producing the lists would disrupt local 
election boards that "have vitally important jobs to do in preparing 
Ohio for this historic election." Any problems could be corrected 
after the election, Brunner said.

If the Supreme Court does not overturn the earlier ruling, those 
voters would have to prove their eligibility before Election Day to 
receive a regular ballot. They could cast a provisional ballot, but 
it would be tallied only if the discrepancies were cleared up shortly 
after Nov. 4.

"The lawsuit is a very orchestrated effort to suppress voting," 
Brunner said yesterday.

"That is a shameful assertion coming from a chief elections officer," 
said 
<http://www.washingtonpost.com/ac2/related/topic/Ohio+Republican+Party?tid=informline>Ohio
 
Republican Party Deputy Chairman Kevin DeWine. "Yes, I am interested 
in suppressing fraudulent registrations."

DeWine said he believes many of the mismatches stem from clerical 
errors, but recent problems with voter drives in Ohio by the 
community-organizing group ACORN have heightened concerns about the 
accuracy of registrations.

Brunner and voting rights advocates have worried that the list of 
mismatches would allow Republicans to challenge those voters before 
Nov. 4 or at the polls. DeWine said the party would ask for each 
county's list but would not challenge individual voters.

State Democratic Party spokesman Alex Goepfert said "it is clear that 
the Republican Party would seek to use this information to 
disenfranchise eligible Ohio voters who have done absolutely nothing 
wrong."

Jon Greenbaum, director of the Voting Rights Project, which has sided 
both with and against Brunner, said he is leery 
of 
<http://www.washingtonpost.com/ac2/related/topic/U.S.+Republican+Party?tid=informline>GOP
 motives 
for getting lists and added that "asking for sweeping changes right 
before an election is a recipe for mischief."


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