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Departments Election Issues Welcome to jail for destruction of election records… for some of the ladies and gentlemen of the Ohio Boards of Elections! Holmes County Board of Elections "A shelving unit collapsed in the Board of Election storeroom on the morning of Friday, April 7, 2006. That shelving unit held the voted ballots, stubs, soiled and defaced ballots envelopes, and the ballot accounting charts fromt he 2004 General Election. The shelves and stored items collapsed onto a side table holding a working coffee maker. The carafe on the coffee maker was full at the time of the incident. Many of the stored items had to be destroyed due to the broken glass and hot coffee. The ballot pages and unused ballots were stored on a neighboring shelf and were not damaged". Respectfully Lisa Welch, Director. According to the Ohio State University, Moritz College of Law, which often addresses election issues for the media, and where Bob Fitrakis is an alumnus, I have located part of the legal information on election crimes and penalties for Ohio. There have been problems for years, well documented in Ohio. A new very powerful document is now in the hands of election investigators. "Destruction of election records before expiration of time for contest", Ohio Revised Code 3599.34 is a Fifth Degree Felony. "Tampering with ballots" Ohio Revised Code 3599.26 is a Fifth Degree Felony A Fifth Degree Felony is a mandatory 6-12 month imprisonment plus optional fine of not more than $2,000. And from other law sources it seems that Contempt of Court is an issue raised by Judge Algenon Marbley. Misconduct of member, director, or employee of board of elections- dismissal. 3599.16 is a felony of the fourth degree. Whoever violates this section shall be dismissed from his position as a member or employee of the board and is guilty of a felony of the fourth degree. A fourth degree felony is a mandatory 6-18 Areas of the law that apply to what I know about the 2004 election include, but are not limited to: No member, director, or employee of a board of elections shall: (A) Willfully or negligently violate or neglect to perform any duty imposed upon him by law, or willfully perform or neglect to perform it in such a way as to hinder the objects of the law, or willfully disobey any law incumbent upon him so to do; (B) Willfully or knowingly report as genuine a false or fraudulent signature on a petition or registration form, or willfully or knowingly report as false or fraudulent any such genuine signature; (C) Willfully add to or subtract from the votes actually cast at an election in any official returns, or add to or take away or attempt to add to or take away any ballot from those legally polled at such election; (D) Carry away, destroy, or mutilate any registration cards or forms, pollbooks, or other records of any election; (F) In any other way willfully and knowingly or unlawfully violate or seek to prevent the enforcement of any other provisions of the election laws. On September 11, 2006, in regards to Case No. 06-CV-745, on page 7, United States District Judge Algenon L. Marbley ordered "This Court concludes that the most effective way to preserve those election ballots during this litigation is for it to enjoin directly each Ohio county's board of elections from destroying them. See In re N.A.A.C.P., 845 F.2d at *4; Hall, 472, 256-66. In the event the Court discovers that any Defendant or any non-party to this case, such as an employee of a county's board of elections, has destroyed or disposed of 2004 presidential election ballots in violation of this Order, it may impose an appropriate discovery sanction. FED> R>CIV>P37(b)(2)(D) (authorizing a court to hold a person in contempt of court when the person fails to obey an order). Therefore, the Court hereby a ORDERS the Boards of Election for each of the 88 Counties for the State of Ohio forthwith to preserve all ballots from the 2004 Presidential election, on paper or in any other format, including electronic data, unless and until such time otherwise instructed by this Court. IT IS SO ORDERED". The final four words are in bold print. It sounds like it should matter. |
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Recent Election Issues Articles Nonviolent resisters put Senator Clinton on notice In-depth, post-EVEREST interview with Ohio's Secretary of State The phrase that could defeat Hillary Clinton Ohio will likely face big vote-counting problems in 2008 "Critical security failures" leads Ohio Sec. of State to recommend ban of DRE (touch-screen) voting machines Ohio Secretary of State confirms 2004 election could have been stolen Kucinich first, Edwards second in PDA straw poll Hillary and the politics of disappointment Voting can be a real battle for U.S. troops and others overseas in the 2008 primaries Wolf Blitzer loses Democratic debate Another Clinton campaign fraud We remember… Nov. 2 memorial anniversary of the 2004 Ohio election The weak slat under the bed of democracy Aurora Dairy exemption from check-off program challenged; USDA should demand retroactive payment from faux organic milk producers Kucinich tops other Dem Presidential leaders in key CA straw poll Will the GOP election theft machine do it again in 2008? Exactly how the good guys finally won Voter purging: a legal way for Republicans to swing elections? Why doesn't the GOP want Ohio's voting machines tested? The Cat in the Hat, elusive happy endings, and the [election] mess that is so big, and so deep, and so tall The Death of the DRE: gone the way of Lawn Jarts Fooled Again series: exclusive interview with Michael Collins Fooled again series: exclusive interview with "Diebold whistleblower" Steve Heller The Dan Rather voting machine special, a recipe for election disaster, and serious food for thought Resistance of one The dog ate my homework continues: inter-office Ohio Board of Elections email prompted by SAVE THE BALLOTS website gives a glimpse into the attitudes of Ohio election officials Look at who runs our boards of elections Restore health to America's elections and pull the plug on SDD virus threat Paper ballots for California: Secretary of State announces de-certification/re-certification plans for e-voting systems The dog ate my homework Welcome to jail for destruction of election records… for some of the ladies and gentlemen of the Ohio Boards of Elections! The criminal cover-up of Ohio's stolen 2004 election sinks to the fraudulent, the absurd, the pathetic Part II – Squire v. Geer: Facts the Magistrate left out are even more shocking than the ones he included Will Bush cancel the 2008 election? Ohio's 2004 presidential election records missing or destroyed Sausage making and electronic voting machines Shreds of evidence Missing records and record access in Ohio, July 2007 On-site observations of the hand-counting of paper ballots and recommendations for the general election of 2008 Sicko ? John Edwards supports "open source" for voting systems Will electronic voting reform create new ways to steal elections? US Attorney resigns following Conyers’ request for BBC documents Will Al Gore face his inconvenient truths about our stolen elections? Giving the voters "poisoned food" to "nourish" democracy In the land of the free, and the home of the brave The globalization of electronic election theft RFK: Rove and Rove's brain, 'Should be in jail,' not in office Introducing Psephos Are Rove's missing e-mails the smoking guns of the stolen 2004 election? The GOP's cyber election hit squad Another path to peace: the case for Kucinich Virtual election season Bye bye to Cleveland GOP Election Chair Bob "Ballots for Bush" Bennett Bye bye to Cleveland GOP Election Chair Bob "Ballots for Bush" Bennett Auditing the mid-term election Two big victories boost Ohio's election protection movement More potential 2004 election illegalities rock Ohio's Hocking County as Cleveland braces for a legal firestorm New Ohio evidence exposes apparently illegal 2004 recount activity by Hocking County's GOP Election Director, and a stinging complaint is filed in Cleveland Explosive new vote fraud developments continue to rock Ohio and Florida Forced resignations and stiff prison sentences intensify the escalating blowback from Ohio's 2004 stolen election Election fraud, my ass After Ohio's recount rigging convictions in Cuyahoga, is Coshocton County next? Florida setting example Sequoia Voting Systems contract with San Francisco needs added section to ensure transparency Ohio's spreading stolen 2004 election scandal claims another victim First criminal convictions from Ohio's stolen 2004 election confirm recount was rigged Election attorneys amplify importance of convictions for recount rigging in Ohio 2004 presidential race Do new Ohio recount prosecutions indicate unraveling of 2004 election theft cover-up? The mystic voting hall: for the love of democracy DREs, magic and other sleights of hand Read Election Issues Articles by Year: |
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