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Brunner wins: Supreme Court reverses Sixth Circuit on “mismatched” voter registration forms

posted at 12:06 pm on October 17, 2008 by Allahpundit
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Just across. I thought it was Stevens, as the Sixth Circuit’s Circuit Justice, who was set to rule with a possible rehearing among the full Court forthcoming, but AFP makes it sound like the full Court’s already decided.

I have a feeling this turned on some procedural nuance — laches, maybe — rather than on the merits. We’ll know soon enough. Stand by for updates while Brunner locks up that database of 200,000 mismatched forms nice and tight in her desk drawer.

Update: Yes, it was the full Court, and yes, it was a procedural issue. Standing, specifically:

In a brief unsigned opinion, the justices said they were not commenting on whether Ohio is complying with a provision of the Help America Vote Act of 2002 that lays out requirements for verifying voter eligibility.

Instead, they said they were granting Brunner’s request because it appears that the law does not allow private entities, like the Ohio GOP, to file suit to enforce the provision of the law at issue.

I’m looking for the opinion. If private entities can’t sue, does that mean the statute’s relying on, er, Brunner to force herself to turn over the database?

Update: Here’s the opinion lifting the TRO. It’s a page long, but the footnote is the important part. Judging from a quick skim of the syllabus in this case from 2002, which the Court cites as precedent, it boils down to the fact that the voting statute confers exclusive power upon Brunner and the head of the DMV to deal with mismatched forms, which means the Ohio GOP can’t force them to do anything by suing. From the 2002 case dealing with a different statute called FERPA:

There is no question that FERPA’s confidentiality provisions create no rights enforceable under §1983. The provisions entirely lack the sort of individually focused rights-creating language that is critical. FERPA’s provisions speak only to the Secretary, directing that “[n]o funds shall be made available” to any “educational … institution” which has a prohibited “policy or practice,” §1232g(b)(1). This focus is two steps removed from the interests of individual students and parents and clearly does not confer the sort of individual entitlement that is enforceable under §1983. E.g., Cannon, supra, at 690—693. Furthermore, because FERPA’s confidentiality provisions speak only in terms of institutional “policy or practice,” not individual instances of disclosure, see §§1232g(b)(1)—(2), they have an “aggregate” focus, they are not concerned with whether the needs of any particular person have been satisfied, and they cannot give rise to individual rights, Blessing, supra, at 344… The conclusion that FERPA fails to confer enforceable rights is buttressed by the mechanism that Congress provided for enforcing FERPA violations. The Secretary is expressly authorized to “deal with violations,” §1232g(f), and required to establish a review board to investigate and adjudicate such violations, §1232g(g)… These procedures squarely distinguish this case from Wright and Wilder, where an aggrieved individual lacked any federal review mechanism.

There were no dissents so evidently Roberts, Alito, Scalia, and Thomas agreed. Exit question: Can the head of the DMV sue Brunner?

Update: Rick Hasen at Election Law Blog says it’s up to the DOJ:

What is the upshot of this ruling? It means that the Secretary need not provide the “no match” data to the county boards, and therefore the ORP won’t be able to make its public information requests to get the data to raise voter challenges at the polls…

Lyle Denniston pointed out to me that the Court not only granted the stay, but in its last line it vacated the TRO. So it appears Secretary Brunner won’t have any further obligations to meet the demands of the ORP in this case.

Update: Any legal eagles willing and able to explain to me why this concept wouldn’t apply to a voting case?

Update: Zero Sheep answers my question.


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Nazi Germany comes to mind.

rplat on October 17, 2008 at 12:58 PM

Perhaps now you understand the visceral appeal of ‘identity politics.’ – Grow Fins on October 17, 2008 at 12:53 PM

“Identity politics” is specific and unusally involves one of more of the narrow constituencies that comprise the Democrat party, such as gender, race, ethnic origin, sexual orientation, etc.

The appeal that Sarah Palin holds for voters cuts across all of those lines, with fundamental conservative values being the common denominator.

I’m not sure you can properly equate or conflate the former with the latter.

ManlyRash on October 17, 2008 at 12:59 PM

Thanks, skywise.
About this:

If the state decides on a primary system, the secretary of state has to adhere

But isn’t the current problem that the secretary of state is not adhering to the law? And pretty much nobody is making her?

MayBee on October 17, 2008 at 1:00 PM

I just gave my Nebraska senators and representative’s offices an eafull, telling them to demand the DOJ require Ohio’s SEc of State to do her job and project us from voter fraud. This is America, dammit, and if we don’t have free and fair elections we’re not America any more.

I hope the fire coming out of their phones didn’t burn the curtains.

justincase on October 17, 2008 at 1:01 PM

What about the individual voter that may have their vote cancelled by a fraudulent vote?

CC – BHO: “my Muslim faith”

CapedConservative on October 17, 2008 at 1:01 PM

This election is already stolen.

theguardianii on October 17, 2008 at 12:54 PM

Don’t fall for it.
The main objective of voter fraud is to destroy confidence in the process, specially for conservatives, and reduce turnout. Once this is done, the actual illegal votes that they can get through will have much more impact.
If we keep working and get anybody we can to the polls, the voter fraud will have much lesser impact.

neuquenguy on October 17, 2008 at 1:01 PM

Regardless, it doesn’t make invalid registrations “valid”, it just means the GOP can’t declare the registrations invalid outside of the normal vetting process.

Skywise on October 17, 2008 at 12:15 PM

From what the Ohio A.G. has already said, however, (I’ll paraphrase), “it’s too complicated” to verify registrations with ballots for legitimacy, so, she doesn’t intend to.

How ANYone in ANY position of law enforcement or in service to the courts can even begin to accept this situation, is beyond me.

Gotta’ be an intervention in Ohio. Washington state, also, from how it looks today. Probably also Florida and Louisiana and Georgia…everwhere ACORN has been “activating.”

S on October 17, 2008 at 1:02 PM

Let the court challenges begin. ACORN and Democrats are attempting to make themselves the permanent governing class, eliminating any risk to their power-grab, and they’ll justify their illegal activities as for the good of the nation. Democracy in these United States is under severe attack and that’s no hyperbole.

liberty on October 17, 2008 at 1:02 PM

I’m not sure you can properly equate or conflate the former with the latter.

ManlyRash on October 17, 2008 at 12:59 PM

Fins has shown repeatedly in the past he’s incapable of telling the difference. The simple fact that Palin appeals to the “normal” people makes her automatically “identity politics” in his eyes.

*eats*

Grue in the Attic on October 17, 2008 at 1:02 PM

paul006 on October 17, 2008 at 12:52 PM

Issue boils down to the RIGHT of Petition for Redress.

This law, as written, apparently takes that away, as it says WHO can make that petition (ie, who has standing).

Remember, this is nothing more than people wanting the Law, enforced, and a government offical dragging their feet on doing their job, for political partisan reasons.

I would also say, that the santity and confidence of the American voter in the election process, should have been taken into account… but it apparently was not.

Romeo13 on October 17, 2008 at 1:04 PM

Well, I see the investment made by Barack X and ACORN in Brunner has paid off.

Am I insinuating there was a payoff for this? Damn right I am.

PimFortuynsGhost on October 17, 2008 at 1:04 PM

Here’s a thought…

There are some 600+ thousand newly registered voters. The fact that they are new registrations is available to election monitors.

Republican election monitors need to challenge the legitimacy of each and every new voter in Ohio.

If I understand correctly, this means that each of them will have to cast a “provisional” ballot, and before their votes are counted, there will be a proper review of their qualifications to vote.

Given the Democratic Party’s refusal to do even basic due diligence on the qualifications of these new voters, that seems like the bare minimum a competent election monitor should insist on.

ClintACK on October 17, 2008 at 1:05 PM

The media is reporting that the ussc ruled that the system is “good enough” and ignoring the lack of standing.

Blake on October 17, 2008 at 1:05 PM

Under the leadership of GWB, the GOP has been so weakened nationally that we cannot even be heard in what is obviously the most egregious assault on the election system in US history.

We will now live under an Obama dictatorship.

Thanks W. See ya.

Labamigo on October 17, 2008 at 1:05 PM

Its so comforting to know the Democrats have no intention of functioning within the rule of law. Brunner basically said screw the law, I can do what I want. The Massachusetts govenor and legislature did the same thing regarding the same sex marriage ballot question, inspite of more tha enough signatures to place the question on the ballot, they (all democrats) hid behind some technicality and said Neyt, we know better, in fact Obama lite Gov. Patrick called the issue a distraction. Get ready America, The Messiah is comin’ round the mountain to heralding in a new chapter in our history called “The dark Ages”, {hello fairness doctrine, hello super affirmative action, hello UN base foriegn policy, hello 50% tax rates, hello national security corps}, goodbye constitution and goodbye America!

Over at MSNBC they are saying Top court backs DEMS….
The Messiah says, vote early and often

dmann on October 17, 2008 at 1:05 PM

“Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty or give me death!“- Patrick Henry-

Amen brother!

WildBillK on October 17, 2008 at 12:25 PM

…a relative of mine…just had to brag a bit, make myself feel a tad better than moments ago.

You’re right: Amen!

S on October 17, 2008 at 1:05 PM

Look the one and only solution the GOP has ever had was to get better organized and take this head on. THe stupid RNC gambled on lawsuits and ineffective campaign tactics.

You want to win GOP then do what I suggested years ago. Start spending real money on party building.

There is no reason the GOP cant build an effective GOTV campaign but spending as much money as the democrats did on it. Your not going to win spending a palry 2 million on GOTV republicans.

The GOP party has to reform NOW and stop clinging to tactics that are ineffective and destructive.

William Amos on October 17, 2008 at 1:06 PM

Got it. It’s OK to steal an election.

We should have listened to Shakespeare’s advice on how to deal with lawyers.

Time to head off to the gun shop.

fogw on October 17, 2008 at 1:07 PM

From http://electionlawblog.org/

You can find the two page ruling here. Justice Stevens referred the stay application to the Court, and the Court, without dissent, agreed that a stay was in order because the lower courts erred in concluding that the ORP is likely to prevail on its legal argument that section 303 of HAVA (the section requiring state chief election officials to perform matches of their data with motor vehicle department data) creates a private right of action. In other words, it looks like individuals cannot sue for violations of this aspect of HAVA; it would fall to the DOJ to bring such suit.

Please call the White House Comments: 202-456-1111

Tell the president to ask the DOJ to take over the ORP vs. Bunner case.

scrubjay on October 17, 2008 at 1:07 PM

BTW Ohio DOES have voter ID laws. You are required to bring ID with you to vote. So at least is some protecton in place.

Its sad the GOP’s whole effort is now down to thousands of poll watchers.

William Amos on October 17, 2008 at 1:08 PM

But isn’t the current problem that the secretary of state is not adhering to the law? And pretty much nobody is making her?

MayBee on October 17, 2008 at 1:00 PM

No prob.

She’s adhering to State law. The US Constitution gives all power for voting and validating voters to the states. (Short of the civil rights amendments) HAVA is a federal law and therefore kinda fuzzy constitutional-wise (if not unconstitutional outright but nobody’s fought it…yet)

Giving it more thought I think I’m respecting the court’s decision more and more.

And realizing “early/absentee” voting is more and more a sham.

Skywise on October 17, 2008 at 1:10 PM

Ohio’s slogan is “The Heart of it All”….new slogan ‘Ohio,The Fraud of it All’. It must be o.k. with Brunner that my vote can be cancelled out by a fraudulant one. Doesn’t matter that I’ve lived here for 47 years,work my @ss off,pay my taxes and don’t have as much as a speeding ticket.

I haven’t given up though,I will continue to work my @ss off for Sarah!

ohiorebel on October 17, 2008 at 1:10 PM

Its sad the GOP’s whole effort is now down to thousands of poll watchers.

William Amos on October 17, 2008 at 1:08 PM

Perhaps the GOP can use this sham to recruit more poll watchers and ground volunteers.
We have been volunteering at a GOP campaign HQ and I can tell you that there are very few people helping.

neuquenguy on October 17, 2008 at 1:12 PM

Time to head off to the gun shop.

Point of clarification. So I can protect my family and possessions – not to kill lawyers. Unless they are the one’s raiding my house. Then their fair game.

fogw on October 17, 2008 at 1:12 PM

Putin is pleased.

Onager on October 17, 2008 at 1:12 PM

From what the Ohio A.G. has already said, however, (I’ll paraphrase), “it’s too complicated” to verify registrations with ballots for legitimacy, so, she doesn’t intend to.
S on October 17, 2008 at 1:02 PM

Yeah… but read between the lines.

She’s saying she can ignore the Federal law because State law trumps Fed law here.
The court didn’t say she could. The court essentially said it’s up to the Fed to enforce the law… or let it die because it’s not, quite, constitutional.

Skywise on October 17, 2008 at 1:15 PM

Vote by absentee or provisional ballot from now on….and vote often.

Until Republicans start to play this game en mass, no one will care to fix the problems.

mylegsareswollen on October 17, 2008 at 12:42 PM

This is a particularly stinging situation because I vote (every election) by Permanent Absentee Ballot.

In the Recall election in CA years ago, I was concerned about my Ballot, being mailed, not arriving in time (not being counted accordingly), so I decided to make a special trip and go to the Polls on voting day and surrender my Absentee Ballot and then vote at the Polls instead, thus getting a “receipt” by way of a ballot stub afterward.

I tried to do that and had more than a few other voters intervene very sternly with suspicions I was “trying to vote twice” (which I was not, having already surrendered my “cancelled” or non-counted Absentee Ballot and asking to vote at the Polls instead, and Poll worker agreeing to manage that).

So, even though I was well behaved, not causing a scene, several other voters actually managed to “overhear” my request to surrender Absentee Ballot and vote at the Poll, etc., and then came forward and grilled the Poll workers about it, while ignoring me with icy stares.

I managed TO vote (once, as intended) at that Poll after I first surrendered the non-counted, cancelled Absentee Ballot but it was a very unpleasant experience.

As it was, I walked out of there with several other voters staring at me with criticism and suspicion.

So, I’m just one voter doing things legitimately. And it boggles my mind how these massive illigitimate votes get counted without so much as elected officials and other voters causing a ruckus.

S on October 17, 2008 at 1:16 PM

Perhaps the GOP can use this sham to recruit more poll watchers and ground volunteers.
We have been volunteering at a GOP campaign HQ and I can tell you that there are very few people helping.

neuquenguy on October 17, 2008 at 1:12 PM

IT NEVER SHOULD HAVE COME TO THIS ! The GOP should have known this trainwreck was coming instead that sat on their butts and allowed it to happen

This is what ticks me off about our party leadership. Instead of building the party they are placing the burden of this election on unpayed volunteers who DONT do this stuff for a living and now have to bail the GOP out.

Now Im suppose to drop everything Im doing to sit watching people vote to protect the integrity of the vote while the GOP leadership sat on its asses and did NOTHING to even set up any kind of system to combat it.

I cant tell you how many times I ran to party leadship begging them to do something to counter this and NOW AT THE 11TH hour their entire effort boils down to “Hey we can do anything so its all on your shoulders now.”

IF the GOP had listened to my suggests over the years we wouldnt be in this fix. So Im upset that Im being asked to bail out the GOP when it made all the stupid decisions to get us into this fix in the first place.

William Amos on October 17, 2008 at 1:19 PM

Skywise- I respect the court’s decision.
I don’t like the State and local funding of non-open primary elections.
I have to admit that’s a real beef of mine. So I went off track a little bit.

MayBee on October 17, 2008 at 1:20 PM

And realizing “early/absentee” voting is more and more a sham.

Skywise on October 17, 2008 at 1:10 PM

Yes, this is a very bad idea. It certainly helps increase the chance of voter fraud.
I don’t buy the idea we saw in the “Idgit vote” post that the more people vote the healthier our democracy. With some valid exemptions, if you cannot get off your behind, educate yourself a little and get to the the voting booth on Nov 4th, maybe the republic doesn’t need your vote.

neuquenguy on October 17, 2008 at 1:20 PM

Another thing, and that is, does anyone here recall how the Communist Revolution came about in Russia? Highly aggressive bands of “workers” stormed the opinions of others and applied whatever force they could to pretty much stomp down everyone else.

Most people, otherwise, are civilized and have an expectation that no one will actually DO that in a civilized society/nation. So we obey and are compliant and try to be pleasant because we just don’t perceive that any such irregular or ~violent~ process will be occuring in our governmental functions such as voting and licensing and controls.

Same thing happened in Russia…while a small band of Communists literally mobbed the place and overrode everyone else by force.

I was thinking about this when I was watching an brief televised story featuring some of the “out of state voters” in Ohio voting there (from another state, arrived in Ohio for purposes of voting there). The people featured were arrogant and demanding, don’t much care that they’re violating any laws or standards…

I got the same impression that that’s what happened in Russia those years ago.

By the way, Castro has again “endorsed Obama.”

S on October 17, 2008 at 1:21 PM

The Ohio AG can file. She won’t though she’s a democrat. Welcome the era of the Obama Thugocracy!

JustTruth101 on October 17, 2008 at 1:24 PM

I am proposing OAK (Outraged American Kinfolk) as a counter organization to ACORN.

We need to get OAK organized for 2010 to register as many “people” as possible, to counter the “people” ACORN has registered.

Will this ultimately DESTROY the American electoral system? TOO LATE…today’s ruling shows the system is ALREADY destroyed!

Fight fire with fire…OAK!!!!!!!

Justrand on October 17, 2008 at 1:36 PM

Every patriotic American should show up at the Ohio polling places with guns and a laptop to vet SSNs with e-verify.

SDN on October 17, 2008 at 1:37 PM

Yeah… but read between the lines.

She’s saying she can ignore the Federal law because State law trumps Fed law here.
The court didn’t say she could. The court essentially said it’s up to the Fed to enforce the law… or let it die because it’s not, quite, constitutional.

Skywise on October 17, 2008 at 1:15 PM

Well, for what it might be worth, I did call the White House Switchboard and leave a comment: that I’d like the President to request that the DOJ take over the ORP vs. Bunner case.

It appears that the DOJ is going to have to either intervene nationwide on each of these state-irregular voting situations, or, not. If they don’t, there’s little credibility remaining in our Presidential elections.

AND, our nation HAS to get ACORN and any other org. out of the “voter registration” process. Require individual citizens to vote as individuals, or, not vote. There’s no excuse to have these “intermediary” organizations — that also then endorse a specific political candidate as ACORN has Obama — even involved in our voting process.

S on October 17, 2008 at 1:38 PM

Any legal experts here want to weigh-in on whether or not the CIVIL RIGHTS of U.S. citizens have not been violated here? I mean, if voting registration is identified as being erratic to irregular anywhere, doesn’t that then violate the civil rights of all Americans?

Something like this…because the situation in Ohio and elsewhere (Washington just identified felons voting, and their intentional unenforcement against that) sure feels to me like MY civil rights have been violated.

If we can’t as citizens expect our “law enforcers” to enforce our laws, what do we do?

S on October 17, 2008 at 12:57 PM

I’m a lawyer, but I’m neither a constitutional or election law expert. But it’s obvious voter fraud negatively impacts the right to vote of all citizens, particularly those in Ohio. Every fraudulent vote cancels out a vote on the opposite side, so it would seem to me there must be some basis for an individual voting rights suit on the basis on disenfranchisement or vote dilution. Without free and fair elections we have lost the basis for our republic. Someone can surely come up with a valid legal theory on which to sue and identify the proper parties to bring the suit.

flyfisher on October 17, 2008 at 1:39 PM

By the way, Castro has again “endorsed Obama.”

S on October 17, 2008 at 1:21 PM

In a sane world, this would be an automatic game loser.

*eats*

Grue in the Attic on October 17, 2008 at 1:40 PM

Let me get this straight, no one in a state, who actually has interests that are being harmed, has standing against a corrupt state. Okay. Only the feds are allowed to bring a suit on something that affects every legitrimate voter in Ohio. Brilliant. Meanwhile, we have to put up with asinine suits by private citizens over “Under G-d” in the pledge of “In G-d We Trust” on the currency (that the left is busy destroying, anyway) ….

Is it just me, or does this sound like the most idiotic system ever devised?

Confidence in our institutions is the only thing that stands between order and chaos. I would like to thank everyone in government for bringing that level of confidence down to numbers akin to Congress’ approval. This is INSANE!

progressoverpeace on October 17, 2008 at 1:40 PM

If this country had real “Truth in Labeling” laws, the Democratic Party would have to change its name.

kurtzz3 on October 17, 2008 at 1:43 PM

“….give me liberty or give me death!“- Patrick Henry-
Amen brother!
WildBillK on October 17, 2008 at 12:25 PM

…a relative of mine…just had to brag a bit, make myself feel a tad better than moments ago.
You’re right: Amen!
S on October 17, 2008 at 1:05 PM

Suzy,
You have the right to be proud to have such a great man as a relative.
I’m very impressed with your blog and the fact that you worked on the “STAR WARS” logo.
May God bless and keep you safe.

WildBillK on October 17, 2008 at 1:44 PM

Every fraudulent vote cancels out a vote on the opposite side, so it would seem to me there must be some basis for an individual voting rights suit on the basis on disenfranchisement or vote dilution. Without free and fair elections we have lost the basis for our republic. Someone can surely come up with a valid legal theory on which to sue and identify the proper parties to bring the suit.

flyfisher on October 17, 2008 at 1:39 PM

Hmmmm…so, is the DOJ *also* now part of the problem? I mean by that, if their employees are out to swing the nation toward Marxism, what’s, then, the citizen to do?

S on October 17, 2008 at 1:45 PM

Great. Now we’re going to have another contested election like 2000. This time though, it’ll be the GOP initiating the legal action, which means they’ll get no respect at all from the media. If Bush has any guts he’ll have the DOJ file a lawsuit over the weekend so we have at least some chance of this election not being a complete travesty.

eyedoc on October 17, 2008 at 1:46 PM

Suzy,
You have the right to be proud to have such a great man as a relative.
I’m very impressed with your blog and the fact that you worked on the “STAR WARS” logo.
May God bless and keep you safe.

WildBillK on October 17, 2008 at 1:44 PM

Such a thoughtful, sweet person you are! I was just wondering this morning earlier if the blog was still worth the effort — all I ever get are profane, crazy Leftists harassing the site in comments…so your compliment is very appreciated.

As are the blessings, thanks so much.

S on October 17, 2008 at 1:47 PM

liberty,
the domoncRATS ARE THE PERMANENT RULING CLASS.
They own:
the media
education
the house
the senate
trial lawyers
the white house (GHWBush, bubba, GWBush 2nd term)
hollyweird
unions
and now the supremee court (with an alleged conservative majority)
GOD help us

mountainmanbob on October 17, 2008 at 1:47 PM

fogw,
i bought lots of ammo weeks ago.

mountainmanbob on October 17, 2008 at 1:48 PM

Hmmmm…so, is the DOJ *also* now part of the problem? I mean by that, if their employees are out to swing the nation toward Marxism, what’s, then, the citizen to do?

S on October 17, 2008 at 1:45 PM

The DOJ has been part of the problem since they refused to bring treason charges against John Walker Lindh and the New York Times (for obviously traitorous acts), since they saw fit to jail Copean and Ramos for extensive lengths for doing their jobs, since they let this ACORN crap go on for years and years and did nothing, though they are looking at it, now, a few weeks before the election …

This DOJ is untrustworthy and has not worked int he interests of either the American People or the federal government. Add to that the slimy underhandedness and total disrespect for law that we find on the left and it’s all good to go.

progressoverpeace on October 17, 2008 at 1:49 PM

By the way, Castro has again “endorsed Obama.”

S on October 17, 2008 at 1:21 PM

In a sane world, this would be an automatic game loser.

*eats*

Grue in the Attic on October 17, 2008 at 1:40 PM

Yes, so it shows how disturbed some in our nation actually are, doesn’t it?

This news of Castro’s repeated and latest endorsement of Obama for the Presidency should be plastered all over the state of Florida, especially in the Southern region.

S on October 17, 2008 at 1:49 PM

This is so F***ed up! I hope people raise holy hell on this one. Figures a Democrat can cheat, lie, steal, and sabotage a plumber just trying to better himself. The Media, Hollywierd, Judges. Like another pointed out. DemocRATS! Love the way it was wrote. Thank god I woke up and joined the real party. The party for Freedom! Not one complaint against us for cheating. Goes to show you how Socialist our Country has been for years.

sheebe on October 17, 2008 at 1:52 PM

It’s nice to know that a nation based on individual rights finds that individuals who are being harmed by a corrupt state have no recourse, even in a case that is obvious to all but the most moronic and twisted. That’s cute.

progressoverpeace on October 17, 2008 at 1:54 PM

Fidel Castro Endorses Obama – Again

That’s from American Thinker. It was on Drudge yesterday, now yanked. Which is unfortunate but points doubt at Drudge, given the implications of that news.

S on October 17, 2008 at 1:57 PM

Remember the good old days when the Florida State Supreme Court “judges” kept forcing recount after recount in hopes of giving Gorebot the edge? Well, we’re past that point if all one needs is complicit judges to make the jump from counting hanging chads to nonexistent chads. Remember when Torch Toricelli was booted from the election and the New Jersey State Supreme Court forced Lautenberg onto the ballot well after the deadline had passed?

All that is needed at this point is for Peanut Carter to fly in to oversee and approve the crooked ballot casting and counting as he did for his buddy Chavez. Clinton figured this strategy out years ago when he appointed judges such as the one who steered investigations of his conduct to his own appointees and political friends of the judiciary. Gore put it to use until the USSC spoiled Albert’s handler’s plans.

Yes, DOJ is part of the problem and has been at least since Reno tasted blood at Waco. Gonzalez could have done something about it as could Ashcroft as could whats-his-face now as US Attorney General. I wish I could recall the current AG’s name at present so if anyone can recall if he’s done anything but sip coffee lately please advise.

viking01 on October 17, 2008 at 2:00 PM

More news about the Communists…

Obama Team Lands in Hawaii…

S on October 17, 2008 at 2:00 PM

It’s nice to know that a nation based on individual rights

finds that individuals who are being harmed by a corrupt state have no recourse, even in a case that is obvious to all but the most moronic and twisted. That’s cute.

progressoverpeace on October 17, 2008 at 1:54 PM

And Hmmm… just what does the Declaration of Independence say on that issue?

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury.

Romeo13 on October 17, 2008 at 2:02 PM

U.S. Attorney General, Michael Mukasey, graduate of Yale Law…

I had to look that up and I still don’t recognize him.

Maybe he needs a lot of complaints from us citizens regarding current voter issues.

S on October 17, 2008 at 2:03 PM

Secretary of State Brunner’s JOB is to do everything possible to ensure fair elections. Instead her blatantly partisan actions are guaranteeing massive fraud will be perpetrated in Ohio.

She has established the “rules”…I would expect others to play by those “rules” in 2010.

Perhaps when 200% of the total population “votes” in an election she will finally consider the possibility that maybe there’s some fraud going on!
My entire family on my mother’s side is from Ohio. I am now ASHAMED of that fact!

Justrand on October 17, 2008 at 2:05 PM

Gahh, Castro calls Obama “pure miracle.”

S on October 17, 2008 at 2:06 PM

Romeo13 on October 17, 2008 at 2:02 PM

Yep.

progressoverpeace on October 17, 2008 at 2:06 PM

the voting statute confers exclusive power upon Brunner and the head of the DMV

Let me get this straight: the voting statute, which confers certain legal obligations upon Brunner, also gives her jurisdiction over herself? So in effect, government is policing itself and the citizens have no legal recourse. Does that about sum it up?

Physics Geek on October 17, 2008 at 2:15 PM

S on October 17, 2008 at 2:03 PM

Thanks. Ah, the US AG is Mr. Mukasey. I’ve heard the name before though wouldn’t recognize his picture either. Maybe Mukasey is just hanging around town for the resume enhancement?

******

There’s another famous politician who used crooked judges and other political hacks to keep himself out of jail throughout many terms as Louisiana governor and for most (but not all) of his retired life afterwards. His name is Edwin Edwards who probably learned how to do it from his predecessor Huey Long though Huey Long got whacked well before any retirement years. William Jefferson is carrying on that same tradition probably riding things out hoping Obambi, if elected, will pardon him.

There’s another danger of an Obambi presidency besides Marxist Supreme Court appointees: The pardon pen.

viking01 on October 17, 2008 at 2:17 PM

Physics Geek on October 17, 2008 at 2:15 PM

You have to keep in mind that lawyers are math-illiterates and have never been known for their logical abilities. But they still have sheepskin from big name schools … so that offsets of their intellectual deficits.

progressoverpeace on October 17, 2008 at 2:18 PM

Since Bush v Gore, SCOTUS was supposed to be totally in the tank for the GOP. Did the talking points fax from the RNC not get through?

Mark30339 on October 17, 2008 at 2:20 PM

the fix is in…

Kaptain Amerika on October 17, 2008 at 2:23 PM

I called the WH to urge swift DOJ action. Call the WH, call the US Justice Department. I doubt you’d make much headway calling their Civil Rights or Voting Rights Division, since they are still chock full of dem careerists and Clinton holdovers. But try to get through the AG Murkasy’s Office or his Assistant AGs. This is no less important than the shamnesty fight last year.

eaglewingz08 on October 17, 2008 at 2:24 PM

I guess we all know that BHO won’t be forced to release any birth certificates or proof of single US citizenship in any way.

This election is fried. A market meltdown with a monetary system bordering on the edge of collapse followed by an electoral meltdown. How much stress do people think the confidence in our institutions will take?

These are very sad days. No wonder Michelle Obama is finally proud of the US …

progressoverpeace on October 17, 2008 at 2:25 PM

I can’t imagine in the United States of America, that a private entity, a private citizen is not allowed to sue. I mean, we, the people, are the government. We can’t hold them accountable?

We the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.

Doesn’t this say it all?

right2bright on October 17, 2008 at 2:40 PM

The spremes to America (GO TO HELL OHIO CAN CHEAT IF THEY WANT TO)

thmcbb on October 17, 2008 at 2:41 PM

Kaptain Amerika on October 17, 2008 at 2:23 PM

if obama wins you have to change your monikor to Kaptain AmeriKKKA…

right4life on October 17, 2008 at 2:42 PM

Let me get this straight: the voting statute, which confers certain legal obligations upon Brunner, also gives her jurisdiction over herself? So in effect, government is policing itself and the citizens have no legal recourse. Does that about sum it up?

Physics Geek on October 17, 2008 at 2:15 PM

That is exactly how I interpret what they are saying, we have no recourse to hold a government official accountable.
We the people, are now We the fools…

right2bright on October 17, 2008 at 2:42 PM

2nd lawsuit challenges Obama’s citizenship
Man demands state verify birth records or remove senator from ballots

Note: It is incumbent on ALL Secretaries of State in all of the United States to BOTH accurately verify Voters AND candidates. Barack Hussein Obama has sealed his “Hawaiian” birth records and also records in Kenya.

Failure to verify and certify qualification for ALL candidates in a general election by any Secretary of State may be a cause of action (dereliction of duty) and criminal charges may be filed.

http://www.wnd.com/index.php?fa=PAGE.view&pageId=78111

Also:

The Video that could cost Obama the election

http://www.nextgenerationcorp.com/NextGenBlog/?p=68

AdrianS on October 17, 2008 at 2:44 PM

“…confers exclusive power upon Brunner and the head of the DMV to deal with mismatched forms…”

In other words, only the Feds can step in to kick malfeasance bvtt & take duplicitous names.

locomotivebreath1901 on October 17, 2008 at 2:55 PM

In other words, only the Feds can step in to kick malfeasance bvtt & take duplicitous names.

locomotivebreath1901 on October 17, 2008 at 2:55 PM

But the feds are too busy jailing border patrol agents, intentionally ignoring national security leaks by the New York Times, ignoring Dan Rather’s blatant attempt to defraud the electorate at the height of a close elction and working to make sure even more illegal aliens get to infest our country. They have their hands full, already.

progressoverpeace on October 17, 2008 at 2:57 PM

Wow….

And no word on a ruling in Berv V. Obama…

How… interesting…

Romeo13 on October 17, 2008 at 2:59 PM

I’m wondering if the pink pantsuit worn in the photo isn’t symbolic?

viking01 on October 17, 2008 at 3:01 PM

What a bunch of frikken whiners! Oh, Obama is Stalin reincarnated (and Mao and Uncle Ho, too!) He is going to destroy this country!!!!

Shit! Now the SCOTUS is in the Dem tank!

Crap! Ohio is now an evil communist empire run by the Sec. State and the DMV!

I’m going out to buy guns, (more guns) because the country is going to hell in a rocket-propelled handbasket!!!!!

Ohhh, oohhhh, eeeh!

The sky isn’t falling, it’s already underfoot!!!!! AAAAHHHH!

My God, you’d think the country had been invaded by Russia, China, Vietnam, Southern Italy and the Rolling Stones all at once.

Boo!

trailboss on October 17, 2008 at 3:05 PM

Dear Ms. Brunner,
-
I just popped $500 for – RNC/McCain/Palin.
-
Have a nice day, bitch.
-
On another note:
-
Dear Mrs. Palin – America loves you – keep fighting.
-

esblowfeld on October 17, 2008 at 3:28 PM

If Ohio goes to Obama and the questionable votes are responsible, there will be a revolution and likely bloodshed as people will not tolerate this naked violation of their freedom.

wepeople on October 17, 2008 at 3:33 PM

Today I finally sent $500 to RNC/McCain/Palin.
-
You may all thank our fine feathered friend
-
Ms. Brunner for motivating me.
-
And on another note
-
Go Sarah Go.
-

esblowfeld on October 17, 2008 at 3:39 PM

I posted this on “Counting Sheep” in response to “Zero Sheep” answering AP’s question…

(2) evidence of actual fraud or the threat of actual fraud would probably be necessary to justify a TRO (not just evidence that Brunner is not following HAVA)”

Didn’t poll workers at one of Ohio’s local precincts just catch a man casting a ballot during early voting, a man that is known to have filled out several fraudulent voter registration forms, a man that has had warrants issued for the registration fraud but has failed to appear for his required court date? Doesn’t that constitute actual fraud as per point #2 of your explanation?

Michelle Malkin had the story of this guy getting caught casting a ballot last week…

Gohawgs on October 17, 2008 at 3:41 PM

BTW Ohio DOES have voter ID laws. You are required to bring ID with you to vote. So at least is some protecton in place.

Its sad the GOP’s whole effort is now down to thousands of poll watchers.

William Amos on October 17, 2008 at 1:08 PM

I’m quite sure Obergruppenfuhrer Brunner will tell election workers not to bother with that. It’s a distraction.

The only “protection” would be for Ohio’s governor — Brunner’s boss, after all, to order her to get off her duff and uphold the law.

Failing that, without a planeload of attorneys from the DOJ, Ohio is lost.

MrScribbler on October 17, 2008 at 3:44 PM

Jennifer Brunner’s Website

Helle Jennifer Brunner fight fair, free and open elections

William Amos on October 17, 2008 at 3:51 PM

In our re-education camp, they just put up a picture of Jennifer Brunner, and we have been told to say special blessings and offerings to her…………….

Seven Percent Solution on October 17, 2008 at 3:58 PM

WTF?!!!!!!!!!!!!!!!!!!

kareyk on October 17, 2008 at 4:04 PM

Everyone should feel encouraged to write to the pathetic wretch Mizzz Brunner and let her know how you feel about mass disenfranchisment and voter fraud:
questions@jenniferbrunner.com

ErinF on October 17, 2008 at 4:06 PM

Go read this this article

http://www.humanevents.com/article.php?id=29072

“There are polling locations where there is not a single registered Republican voter. None of the elections officials monitoring that particular polling place are Republican. If you have… say 1,000 registered voters that were legitimate registered voters, and ACORN had illegitimately registered another 1,000 and there were no eyes and ears to make sure that a fair and accurate vote took place in a particular voting place, it’s possible… that a precinct worker could vote those registered voters that don’t exist or who have registered multiple times.”

kangjie on October 17, 2008 at 4:08 PM

Greta Van Susteren is poking around the voter fraud conspiracy which is afoot in Ohio. It is a good read and she is on to something. In short, the founder of ACORN (Wade Rathke)has another child called the Service Employees International Union which has interjected itself on behalf of the fraudsters via an amicus brief.

Bill Ayers is the Kevin Bacon of political radicalism separated by 6 degrees or much less from nearly everyone of the left and of any consequence. For that matter, so is Obama. But I digress.

October 16th, 2008 6:30 PM Eastern
ASSIGNMENT FOR YOU!
by Greta Van Susteren

Read this…

1. The Secretary of State of Ohio Jennifer Brunner filed a request in the Supreme Court relating to the underlying claim in her state that there has been voter registration fraud…with ties to the work of ACORN in registering voters.

2. A group — the Service Employees International Union [SEIU] — filed an amicus brief in the United States Supreme Court asking the Supreme Court to rule with the Secretary of State of Ohio (and essentially asking for a ruling that would be favorable to ACORN in that it would “call off the dogs.”)

3. I thought it curious that SEIU would file an amicus brief for Brunner and did some quick research …and now I need more indepth research (which is where YOU come in.) According to my quick research..the same person who started ACORN, started SIEU. His name is Wade Rathke. So then I wondered, who is Wade Rathke?

4. I did some really quick research and learned that Rathke was a member of the anti war group SDS. This is where YOU come in again. If you know 60’s history, you know that the Weather Underground was an offshoot of SDS. There was some disagreement in the late 60’s and members of the SDS – Bill Ayers and his wife – left and formed/ joined the Weather Underground.

So now I am wondering: do Rathke and Ayers know each other (from SDS / Weather Underground days)? what is the connection now, if any, between them? between ACORN and SEIU? between them and Senator Obama?

There may be absolutely NO connection…but we should at least take a look at it. If there is none, we should make that known. Senator Obama should not have to fight the viral nature of rumors. If there is a connection or relation, it might be of some further interest that is worth more investigation. And it may turn out, if there is a connection, that the connection is of no moment…but we should at least see what the facts are and then reach our individual conclusions.

So there is your assigment….get looking!

Gretawire

Wade Rathke’s brother, Dale, embezzled nearly $1 million bucks from ACORN. ACORN decided to keep mum for fear of the bad press.

Departure from ACORN

The New York Times reported on July 9th, 2008, that Dale Rathke, the brother of ACORN’s founder Wade Rathke, was found to have embezzled $948,607.50 from the group and affiliated charitable organizations in 1999 and 2000.[1] ACORN executives, including Rathke, did not inform the whole board, nor law enforcement, but signed an enforceable restitution agreement with the Rathke family to repay the amount of the embezzlement. Wade Rathke stated to the Times that “the decision to keep the matter secret was not made to protect his brother but because word of the embezzlement would have put a ‘weapon’ into the hands of conservatives who object to [ACORN]’s often strident advocacy on behalf of low- and moderate-income families and workers.” A whistleblower revealed the embezzlement in 2001; the Rathke brothers both departed ACORN in 2008.

So, Service Employees International Union has filed an amicus brief to prevent Ohio from sorting out the fraudulent voter registrations….mmmmm. So you might ask, who is the SEIU who has inserted themselves into the voter fray in a key swing state? It gets curiouser and curiouser…

Founding Service Employees International Union Local 100

Wade Rathke is also founder and Chief Organizer of Service Employees International Union (SEIU) Local 100, which is headquartered in New Orleans with operations in Arkansas, Texas, and Louisiana. Founded in 1980 in New Orleans as an independent union of Hyatt employees, the union became part of SEIU in 1984. SEIU Local 100 organizes public sector public workers, including school employees, Head Start, and health care workers, as well as lower wage private sector workers in the hospitality, janitorial, and other service industries.

His work in the labor movement includes three terms as Secretary-Treasurer of the Greater New Orleans AFL-CIO. Rathke is the president and co-founder of the SEIU Southern Conference; a member of the International Executive Board of SEIU; and Chief Organizer of the Hotel and Restaurant Organizing Committee (HOTROC) a multi-union organizing project for hospitality workers in New Orleans sponsored by the AFL-CIO and its president, John Sweeney.

moxie_neanderthal on October 17, 2008 at 4:16 PM

A must read. I know there is a lot here, but it is worth working through the material so as to get a good read on Wade Rathke and why he has inserted himself and his organization into the Ohio voter fraud.

In short, ACORN and the Service Employees International Union are two sides of the same coin.

The More on Wade Rathke over at No Quarter:

moxie_neanderthal on October 17, 2008 at 5:07 PM

I’ve emailed my Senators urging them to challenge the Ohio electors, based on potential voter fraud, if that state goes to Ohio.

I’m sure Senators Boxer and Feinstein will get right on that…

malclave on October 17, 2008 at 5:38 PM

bah… if that state goes to OBAMA, not Ohio…

malclave on October 17, 2008 at 5:38 PM

If Obama wins, I say he is an asterisk president, because this is sheer lunacy!

ToddonCapeCod on October 17, 2008 at 5:43 PM

Instead, they said they were granting Brunner’s request because it appears that the law does not allow private entities, like the Ohio GOP, to file suit to enforce the provision of the law at issue.

The law does not allow an entity to file suit to enforce the law.

Some law. How many of our laws do not allow someone to file suit to enforce the law. Seems like immigration laws fall in that category where no enforcement is tolerated by the laws that bind the law. Hardly rule of law.

maverick muse on October 17, 2008 at 9:33 PM

“Those who cast the votes decide nothing.

Those who cast the votes decide everything.”

- Josef Stalin

Let’s roll!

ex-Democrat on October 17, 2008 at 9:41 PM

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