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calendar   Friday - October 17, 2008

Voter Fraud In Ohio Will Continue As Usual

SCOTUS agrees with Ohio’s Brunner, lifts restraining order

Now, before you get all wound up and declare this the end of Democracy As We Know It, due to Judicial Fiat, take a minute and read the actual decision and see learn what is being said:

On October 9, 2008, the United States District Court for the Southern District of Ohio entered a temporary re-straining order (TRO) directing Jennifer Brunner, the Ohio Secretary of State, to update Ohio’s Statewide Voter Registration Database (SWVRD) to comply with Section303 of the Help America Vote Act of 2002 (HAVA), 116 Stat. 1708, 42 U. S. C. §15483(a)(5)(B)(i).* The United States Court of Appeals for the Sixth Circuit denied the Secretary’s motion to vacate the TRO. The Secretary has filed an application to stay the TRO with JUSTICE STEVENS as Circuit Justice for the Sixth Circuit, and he has referred the matter to the Court. The Secretary argues both that the District Court had no jurisdiction to enter the TRO and that its ruling on the merits was erroneous. We express no opinion on the question whether HAVA is being properly implemented. Respondents,however, are not sufficiently likely to prevail on the question whether Congress has authorized the District Court to enforce Section 303 in an action brought by a private litigant to justify the issuance of a TRO. See Gonzaga Univ. v. Doe, 536 U. S. 273, 283 (2002); Alexander v. Sandoval, 532 U. S. 275, 286 (2001). We therefore grant the application for a stay and vacate the TRO. It is so ordered.
——————
*Title 42 U. S. C. §15483(a)(5)(B)(i) (2000 ed., Supp. V) states, in relevant part:
“The chief State election official and the official responsible for the State motor vehicle authority of a State shall enter into an agreement to match information in the database of the statewide voter registration system with information in the database of the motor vehicle authority to the extent required to enable each such official to verify the accuracy of the information provided on applications for voter registration.”

So, what’s the story here? The ACORN fiasco has brought out the fact that the voter registration process and records in Ohio are a mess. Of the 660,000 or more new registrations, thousands are obvious frauds. And that doesn’t even look at the voters already registered. The Republican Party brought suit against Jennifer Brunner, the Ohio Secretary of State, demanding that she get this cleaned up. It’s part of her job. The suit went right to court, and the decision was made that she provide a system for implementing voter fraud prevention methods, and verify at least 200,000 of these registrations. That decision is called a TRO, a Temporary Restraining Order.

She appealed that TRO, for whatever reasons, and the 6th Circuit Court denied her appeal. So she appealed that decision to the Supreme Court. And now the SCOTUS has agreed with her, and the TRO is gone. It is not that the Supreme Court does not feel she should be doing this as part of her job. It is not that the Supreme Court has any way of determining that she isn’t doing this aspect of her job. It’s that SCOTUS does not see that a private entity - the litigant, the GOP - has standing (ie legal grounds based on their suffering because of a ruling or law) to sue this branch of the Ohio government. Funny thing though. I would have thought that a suit, brought by a group that represents a fair amount of the public, that results in a bench order to a government worker that says “do your job” would be a straightforward and direct implementation of “the right of the people ... to petition the Government for redress of grievances.” But the whole SCOTUS decision is based on that murky legal concept of “standing”, that says you can’t make a fuss until after you’ve already suffered. So maybe the GOP should refile their suit after Election Day?

The U.S. Supreme Court agreed with Democratic Ohio Secretary of State Jennifer Brunner, granting her a stay on Friday to a temporary restraining order from the 6th Circuit Court that ordered her to provide a system for implementing voter fraud prevention methods.

The decision by the full court repudiates the lower court’s ruling siding with the Ohio Republican Party and ordering Brunner to verify records of about 200,000 of 666,000 new voters this year whose driver’s license and Social Security records don’t match information in other government databases.

In an unsigned order, the high court ruled that it could not say whether Ohio was properly enforcing the Help America Vote Act. However, it said the Ohio GOP doesn’t have the standing to file the suit.

So the Supreme Court is not deciding explicitly in favor of voter registration fraud, m’kay? However, let’s stop for a minute and look at the upshoot of this decision. ACORN has created a disaster in Ohio. Tens, perhaps hundreds, of thousands of voter registration forms there are fraudulent. Even if Ohio uses some kind of photo ID for voter identification, if processing these applications generates such photo IDs then they have just distributed a huge number of fake ones. Corrupt elections are based on two things: misconduct in the ballot counting, and voter fraud. And it seems obvious that a great part of voter fraud has to begin with fraudulent voter registration. Clean that aspect up and the whole system is cleaner. Not clean, mind you, but cleaner.

We go through this crap every four years. If any government - state, federal, local - had any real wish to eliminate voter fraud they would have figured some system out by now and put it into place, and had plenty of time to fine tune it. This is not the case. How could it be, when, barely 3 weeks out from Election Day, some lower court is issuing an injunction that the Ohio Secretary of State provide a system to eliminate voter fraud? This suit never would have happened if Ohio had cleaned out this litter box long before now, and put some laws into place that would keep it clean. They are not doing their job. And now SCOTUS has ruled that you and I do not have the legal right to sue them to make them do their job. So the fraud will continue until such time as some state government official goes on a Grail Quest to clean up the voter rolls and the voting process, and gets full approval and a big green light from the State and the Courts. And that will never happen. Why? Because it hasn’t happened in the past 100 years or more. Voter fraud, fake registrations, ballot box stuffing, miscounting, hanging chads, and disenfranchisement are just noisemakers, trotted out every 4 years so that the losing parties have something to blame their loss on. Then they go back in their box and get ignored. Again. ALWAYS. Forever.

Is the voting system in Ohio a mess, and wracked with fraud? Without doubt. So is the voting system in your state. And mine. And even though a state and national purification of the system would do a great deal to restore people’s faith in their governments, nothing will be done. Ever. And now it’s been decided that you can’t even sue about it. At least ahead of time. So sit down and shut up and submit.

WRONG !!!
Vote them out of power. The crooked, the corrupt, and the just plain lazy and incapable. Demand that the voting process be cleaned up, made transparent, and made more wholesome than organic mother’s milk. Push for recalls to pull those in power out of office if they will not fix the problem. They represent us. WE. The People. So if WE want fair elections then WE have to get to work to make THEM do The Right Thing. That’s all there is to it. But until the Left WE can agree with the Right WE that this is what WE want, THEY are not going to do anything.

In the end, it’s all up to YOU, The Person.


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Posted by Drew458   United States  on 10/17/2008 at 01:00 PM   
Filed Under: • Government •  
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