Senate have 51 reasons to celebrate -- we have 260,000!

[merh]

Senate have 51 reasons to celebrate -- we have 260,000!

Today's email from John Kerry - a very good reminder that we have made a difference, we just need to keep making a difference! Our numbers cannot be ignored if we do not give up! WE MUST NOT GIVE UP!

Dear merh,

Yesterday, we saw a relentless Republican attack on one of our most treasured natural wonders sneak through the Senate on a 51 to 49 vote. But, we also saw more than 260,000 Americans act in less than 24 hours to add their names to our Citizens' Roll Call in favor of protecting the Arctic Refuge.

It was the first time ever that I or anyone else could stand on the Senate floor and announce that, in a day's time, a quarter of a million Americans had gone online to express their passionate support for a given course of action.


That awesome display of grassroots power rattled our opponents. They even railed against my e-mail message on the Senate floor and entered its text into the Senate record. So, think of it this way. The Republican leaders of the Senate have 51 reasons to celebrate today, but you and I have 260,000 reasons to do the same.

If we keep working together - committed pro-environment Senators and a powerful grassroots movement all pulling in the same direction - we can still stop the plan for drilling in the Arctic from making it the rest of the way through Congress. And we can win the larger battle over two very different visions of America's energy future.

George W. Bush and the Washington Republicans have a plan to sell off our public lands to powerful special interests. As a result of their ruthless drive to undermine America's most beautiful natural treasures, the oil rigs are closer to the Arctic Refuge than they have ever been. But, the Bush administration's own scientists and economists admit that the Republicans' plan will not make us less dependent on foreign oil and will not lower prices at the pump. We have to put America's energy future in the hands of Americans - by inventing our way to real energy independence and having energy sources that create jobs and lower prices.

With your help, we will continue to wholeheartedly resist their special interest-funded partisan agenda. And, if we act with the same energy and determination as we have on this critical Arctic Refuge vote, sooner than later, our power and commitment will carry the day. I know you will be with me every step of the way and I thank you for the passion and energy that you bring to our work together.

Sincerely,

John Kerry

P.S. I told you that more than a quarter of a million people signed our Citizens' Roll Call in the first 24 hours after we launched it. Actually the news is even more impressive. As of this moment, there are over 400,000 signers to our Roll Call, including tens of thousands who signed after the vote to express their determination to keep fighting. Let's keep working.

Thom Hartmann provided this toll-free number to the Congress: 1-877-SOB-U-SOB

I tried it this morning and it does get you to the switchboard!
The operator will transfer you to any office.


1-877-SOB-U-SOB
(1-877-762-8762)


So use this number to let your represenatives & senators hear from you! Tell them that you are tired of being ignored! Tell them how you feel! If you haven't already, sign Kerry's petition. http://www.johnkerry.com/petition/rollcall.php
Take a few minutes to call your congress critters and let them know that they work for us!

It is our government - CLAIM IT!

[Mr_Spock]

It was nice to read that email from Kerry

I'm glad I signed the Roll Call.

[merh]

2. I can't find my link to that, do you happen to have it so I can

edit the post to include it, just in case folks missed signing it?

Thanks - :hi:

[merh]

37. kick

:kick:

[ktowntennesseedem]

1. That IS good news!

Talk about a silver lining!

:yourock:

[merh]

3. I consider it the light at the end of the tunnel - it is there, we just

have to keep making our way to it!

[stray cat]

4. I continue to get more and more impressed with Kerry

[merh]

6. Just image how pissed off he really is - the weed stole the election

and now he is trying to screw everyone he can and he is thumbing his nose to the UN! Kerry is fighting back! He is doing his job with dignity and is reaching out to the people.

:kick: Kick some ass, JFK!

[ktowntennesseedem]

5. In fact, such good news I nominated it for greatest page.

I was depressed about ANWR yesterday (especially since the MSM were too busy with the latest Peterson/Blake/Jackson trial-updates!). But this gives me hope again. KICK IT!

[merh]

7. Thanks for nominating it! Yes, this gives me hope and inspires me

to keep trying. We do outnumber them afterall! We, the people, have a voice!

:kick:

[hiley]

8. Thanks merh

Kerry works his ass off.
Is this what you were looking for ?
Sign the Citizens' Roll Call today:

http://www.johnkerry.com/RollCall
(on his front page he has a rolling rollcall with our names)
http://www.johnkerry.com/


Go to arctic refuge too.
As your constituent, I strongly urge you to vote against ANY budget measure that would allow oil drilling in the Arctic National Wildlife Refuge. The inclusion of any such measure in the budget is an unacceptable sneak attack on our precious wildlife.

snip----

http://www.savearcticrefuge.org/

[merh]

9. Thanks hiley!

I do appreciate the links!!!

The dems have not given up! We have to stand up and fight with them, we have to make ourselves heard. My senators are repukes but I still am calling and emailing them! They won't get off that easy, they will hear from me until they start paying attention to the needs of the people over the wants of the weed-that-would-king and the corporations!

[hiley]

10. Love your soapbox !

:yourock:

[merh]

12. Find your smilies here

http://www.fansofrealitytv.com/forums/misc.php?do=showsmilies

[Zan_of_Texas]

11. 260,000? ! ?

Well, the purported difference in the election in Ohio was 118,000.

Nobody knows what the real count was.

Pull any number out of a hat. No verifiability anyway.

It's not hard to imagine that 260,000 votes were flipped from Kerry to Bush.

Just in Ohio.

Too bad he was so unexcited about VOTES (not names on petitions) that he was halfway around the world, in IRAQ, on January 6th, the day the Ohio electors were contested.

[sandnsea]

13. Too bad

People choose to ignore the report that the CBC asked him not to particpate in the contest so that the VOTE SUPRESSION was the focus and not Kerry.

[merh]

22. Now sandnsea - you know the truth doesn't matter.

Superman didn't sweep in and rescue dame election 2004 from the railroad tracks before the weed's train smashed our dreams, so superman screwed up!

Time to use the energy wasted in being angry at Kerry, the victim of the crime, and use it to empower him and the other democratic leaders in congress that are trying to salvage our nation!

It is our government and we have to let them know that!

[merh]

15. Please, Stop that! Stop beating that dead horse.

Many have explained to you and hordes of others why he did not stand up on the 6th (though he did have his letter read into the Congressional record that day, voicing his opinion and concerns). The 6th was about election fraud and election reform, not about sour grapes. If he stood up on the 6th it would have been about him being a sore loser and not about trying to correct the problems with our election process.

Kerry was trying to be the leader the weed is not on the 6th. He was doing his job as a senator and he was meeting with foreign powers trying to find out the truth about the situation in Iraq and what could be done to help Iraq rebuild and so that we can remove the troops from the region. Don't you find it odd that the foreign leaders have been willing to work with the weed and talk to him since Kerry visited them in December and January? He set the stage, he made it easier for them to work with the weed. He was leading.

He continues to lead, despite your unrealistic desire for him to sweep in and redemn the election and recover it from the theiving bastards, he is acting as a leader and doing his job.

Now is the time for you to do yours and stand up for the leaders of our party who are fighting for the citizens of this nation. Beating dead horses is a waste of necessary energy!




:hug: Get over your anger and seize the power you have by making your congress critters hear you!

Peace!

[Media_Lies_Daily]

19. Pardon my confusion, but what foreign leaders are....

...willing to work with Herr Busch except the leaders of those countries being paid to play, and the leaders of those countries that are too intimidated to do anything else?

I'm sorry, but Kerry should NOT be helping Herr Busch in any way. Period.

And no, I'm still not happy with the way he quit the 2004 election with barely a whimper. At least Gore tried to fight until it was obvious to all that Herr Busch's selection was a done deal.

[merh]

21. He is not helping the weed, he is helping the nation!

Sorry that you see helping the nation as helping the weed!

What did Gore do after the litigation in 2000? How successful was he after his "fight" and after he refused to cast the deciding vote and after he asked the senators not to stand with the CBC in 2000? How successful was his fight since they stole elections in 2002 and 2004?

[Laurab]

27. 2000 was WAY different - Gore had the votes

to qualify for a recount. Kerry was nowhere near having enough. He had no PROOF of anything. They made Gore (who HAD the votes) look like an idiotic sore loser, can you imagine what the press and the RW would have made Kerry into? Actually the press and the RW are pretty much the same - they would have DESTROYED John Kerry and made him look like a fool, and it would also have affected the entire Democratic party. It's not about suspicion, even though it's suspicion for very good reason. It's about PROOF. We still don't have it, we may never have it. The re-selection was a done deal. How do you think he feels, probably knowing the election was stolen from him, and that he can never prove it?

Kerry is fighting now, when the fighting can be effective. From what I've seen, he's doing a damn good job of it. I support him in anything he does to fight against the current regime.

[Zan_of_Texas]

28. Fool me once.....

On September 14 in Houston, I told the candidate's brother Cam Kerry in person, face to face, to be ready for machine fraud and get some technology experts and people familiar with this onboard. They said they had thousands of LAWYERS ready to prevent election fraud. I think that is like hiring a flotilla of orthodontists to build a suspension bridge, or a slew of tractor-trailer truck drivers to compete in the Ice Dancing competition of the Olympics.

I gave him a copy of The Nation cover story by Ronnie Dugger. He seemed polite at best, and not at all curious. {"How They Could Steal the Election This Time," by RONNIE DUGGER, The Nation, Cover Story -- August 16, 2004 issue http://www.thenation.com/doc.mhtml?i=20040816&s=dugger }

Cam Kerry, in his op-ed in the Boston Globe on January 6, claimed 17,000 attorneys had worked for the Kerry campaign. How many technology experts though? I know at least one nationally-known voting technology expert whose name and contact info were in the hands of the Kerry campaign, and that person was NEVER CALLED ONCE during the campaign or recount.

Other Kerry campaign verbiage included that millions of dollars had been set aside in case of recount.

I asked Cliff Arnebeck, during the Ohio recount mounted by Greens and Libertarians and other concerned citizens, how much the Kerry attorneys and Kerry recount money were in evidence in Ohio. The answer was, hardly at all.

The election system is broken. Until it works, until votes count, signing your name on on-line petitions for candidates who expect to run for office and collect money from you later is your choice. Have fun.

[merh]

29. Computer experts and techs will tell you that they could have

hired 500,000 or more computer experts to go to the polls on that day and they would not have been able to tell that the votes were being stolen. Clint Curtis, who wrote software designed to swap the votes, has said that the software he developed gave no outward signs that the vote was changed. When he was asked about the machines that registered bush when the voter voted kerry, he said that would be a screen problem as opposed to the software. He said that with the software he developed, everyone could be watching the computer and never see the changes being made or know that changes had been made. Experts on the scene would not have altered the outcome.

Kerry/Edwards is still involved in litigation. Arnebeck dropped his!
You need to find the facts and deal with reality. What ifs, how comes, why nots will get you no where! What is real, what happened and who continues to fight is important.

Kerry continues to fight and all you want to do is bitch!

Today is as important to tomorrow and more important than yesterday! Momma T has come out against the voting monopolies. They know and they are working on it!

[Zan_of_Texas]

38. Facts and reality = GOOD! Who continues to fight IS important.

You might want to check YOUR facts......

http://www.ohiohonestelections.org/

The Chairman of the Ohio Honest Elections Campaign is Clifford O. Arnebeck. Cliff is also the Co-Chair of the Alliance for Democracy as well as the Chairman of the Legal Affairs Committee for Common Cause-Ohio. Cliff is also counsel for the NAACP Voter Education Fund in a state RICO case.

Cliff is currently litigating our election contest cases as well as our case against the Ohio Chamber of Commerce.

Very soon we will explain the significance of all these lawsuits and how they are all connected. We will demonstrate in a very clear fashion that there is an intricate web of connections between the Ohio election contest cases, the Ohio Chamber of Commerce cases, our activities in support of the Election Reform Referendum, the national attack on Social Security, indeed on all the progressive legislation of the last century.

...
Breaking News
Thursday, March 17, 2005
Another Investigation Without Subpoena Power Announced

“Unable to quiet controversies surrounding last fall’s presidential vote in Franklin County, elections officials yesterday invited a national watchdog group to review their performance, including how they allocated machines.”

Wednesday, March 16, 2005
Cliff Arnebeck testified on behalf of Common Cause today at the Ohio State Capital. The hearing was held to discuss provisional ballots. Cliff was questioned on many topics including verified paper trails for voters. We will post the transcript of the hearing when it becomes available.

Tuesday, March 15, 2005
There are several hearings to be held in the Ohio State Capital in the next few days. Two of them will take place tomorrow. One of these hearings deals with issues such as provisional ballots. Cliff Arnebeck along with others will be holding a press conference regarding this issue outside the State Capital tomorrow at 10:30 a.m. News about this hearing will be posted tomorrow. We will also post statements from the press conference.

Another hearing will concern the attempt to repeal voter verified paper trails. That hearing is at 4:00. We will provide more information on this hearing tomorrow as well.

We have also heard that Congressman Ney will hold hearings regarding election day 2004 next Monday. We will get more details on this hearing and post them soon.

Tuesday, March 15, 2005
On Wednesday, March 16, 2005 at 4:00 p.m. there will be a hearing in the Ohio State Capital in Columbus to discuss a bill that would approve the use of Diebold DRE voting machines without a paper audit trail. For more information please see our EVENTS page.

Monday, March 14, 2005
*Tomorrow morning we will post information on hearings to be held this Wednesday in the Ohio State Capital concerning paper trails for electronic voting.

From March 9, 2005 Columbus Dispatch: “House Speaker Jon Husted (R) said last week that the GOP caucus wants to repeal or delay a 9-month-old provision requiring a paper audit trail for all electronic voting equipment.”

Monday, March 14, 2005
We will hopefully post the full email by this week but for now below is a sample of the email we received regarding the DNC investigation into the Ohio Presidential vote in 2004 (reported here on March 4, 2005]:

“The official press release also said that the Task Force had been hard at work since January 2005, “conducting surveys and reviewing election data from all across the state.”

Those in Ohio and around the nation who have really been hard at work since November 2004, should be particularly fascinated by this statement for at least two reasons:

(1) It took the DNC two months to announce the appointment of the Task Forces members and

(2) No Task Force members have contacted any of those with the most information regarding the problems with the November 2004 elections in Ohio, most of whom are registered Democrats. The apparent secrecy in which the Task Force members have been working raises red flags and casts suspicion over the entire operation.

Equally alarming is the membership of the Ohio Review Team and the Ohio Advisory Team of the Task Force. These Teams include many members of the Kerry Campaign in Ohio and prominent members of the Ohio Democratic Party who were caught unawares on November 2, 2004 that there were so few machines in the traditionally Democratic-voting wards of major Ohio cities that it took voters in those areas up to 12 hours to vote.”

And

“On November 27, 2004, Task Force Advisory Team Member William A. Anthony Jr., Franklin County Democratic Party Chairman and Chair of the Franklin County Board of Elections, said he’s “personally offended by the allegations” from “a band of conspiracy theorists.”

Lots more at the site. Perhaps others will be interested in facts.

[merh]

39. You might want to check your facts - someone is trying to mislead you!

Dems have a study committee investigating the election fraud in Ohio. Arnebeck dismissed his state lawsuit and did not file in federal court or has yet to ask to join (see the dockets below). It is the court that decides if he can join and, since he has no standing, the possibilities of his being allowed to join are slim. That is not the Dems fault, that is not Kerry's fault. Arnebeck has his own agenda and apparently he is pissed that the DNC is working without involving (or paying) him. Kerry is not the DNC, that is Dean, you may want to complain to Dean about them ignoring Arnebeck and his group!

Kerry/Edwards has been involved in the federal court matter since December of 2004. They have been litigating it and paying for the litigation since November (and before). That you prefer to believe spin as opposed to the true facts, I shall provide you proof of the actual facts.

Mar 4, 2005
Democratic National Committee Announces Ohio Election Review Team

Washington, D.C. – The Democratic National Committee (DNC) announced the members of its Ohio Election Task Force. This group of seasoned professionals in the electoral and technology fields are taking an in-depth look into the issues of voter registration problems, long lines at the polls, the issuance and counting of provisional ballots and voting equipment irregularities that voters faced during the 2004 presidential election in Ohio. The team has been hard at work since January, conducting surveys and reviewing election data from all across the state. The task force will submit its report to the DNC with suggestions for moving forward.

"I am confident that Voting Rights Institute (VRI) Chair Donna Brazile and her team of experts will properly investigate what went wrong in the Ohio election process," said DNC Chairman Governor Howard Dean. "This investigation will ensure that every vote will be counted and everyone who is eligible to vote will be able to secure that right."

"This team is hard at work, analyzing voting irregularities," said VRI Chair Brazile. "We are putting the efforts and resources into this project because it is vital that we find out what went wrong, how we can fix it, and restore the faith of the American people in our voting system."
http://www.democrats.org/news/200503040002.html

U.S. District Court
Southern District of Ohio (Columbus)
CIVIL DOCKET FOR CASE #: 2:04-cv-01139-EAS-TPK

Delaware County Prosecuting Attorney et al v. National Voting Rights Institute et al;
Delaware County Prosecuting Attorney; Delaware County Board of Elections, Plaintiffs

versus

National Voting Rights Institute aka NVRI; David Cobb
Green Party Candidate through National Voting Rights Institute, aka NVRI;
Michael Badnarik, Defendants

versus

KERRY-EDWARDS 2004 INC, Intervenors/Defendants

11/30/2004 1 NOTICE OF REMOVAL filed by Defendants National Voting Rights Institute, David Cobb, and Michael Badnarik against Plaintiffs Delaware County Prosecuting Attorney and Delaware County Board of Elections from Delaware County Court of Common Pleas, case number 04-CVH-11-827. ( Filing fee $ 150.00 ). (Attachments: # 1 State Court File)(dms) (Entered: 12/01/2004)
11/30/2004 Filing fee: $ 150.00, receipt number 200 244305. (dms) (Entered: 12/01/2004)
11/30/2004 2 CORPORATE DISCLOSURE STATEMENT of Defendant National Voting Rights Institute. (dms ) (Entered: 12/01/2004)
11/30/2004 3 NOTICE of Docketing in Removal. (dms) (Entered: 12/01/2004)
12/01/2004 Notice of Docketing in Removal sent to David Yost and Christopher Betts. ECF01/Rev. 3/04 sent to David Yost and Christopher Betts. Christopher Betts is now with Delaware County Prosecuting Attorney's Office. Lisa Wright is changing information in ECF. (dms) (Entered: 12/01/2004)
12/02/2004 4 ANSWER to Complaint , Affirmative Defenses and, COUNTERCLAIM against Delaware County Board of Elections by Defendants National Voting Rights Institute, David Cobb, Michael Badnarik, Plaintiff Delaware County Board of Elections. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Kerger, Richard) (Entered: 12/02/2004)
12/02/2004 5 MOTION for Preliminary Injunction by Defendants Michael Badnarik, David Cobb, National Voting Rights Institute, Counter Claimants Michael Badnarik, David Cobb, National Voting Rights Institute. (Attachments: # 1 Text of Proposed Order)(Kerger, Richard) (Entered: 12/02/2004)
12/02/2004 6 RESPONSE in Support re 5 MOTION for Preliminary Injunction filed by Defendants Michael Badnarik, David Cobb, National Voting Rights Institute, Counter Claimants Michael Badnarik, David Cobb, National Voting Rights Institute. (Attachments: # 1 Exhibit)(Kerger, Richard) (Entered: 12/02/2004)
12/02/2004 7 MOTION for Limited Admission of John Bonifaz by Defendants Michael Badnarik, David Cobb, National Voting Rights Institute, Counter Claimants Michael Badnarik, David Cobb, National Voting Rights Institute. (Attachments: # 1 Affidavit)(Kerger, Richard) (Entered: 12/02/2004)
12/02/2004 PHV filing fee received in the amount of $ 50, receipt number 244347 (ja, ) (Entered: 12/03/2004)
12/03/2004 8 MOTION filed by Plaintiff Delaware County Prosecuting Attorney. for Leave to Appear PHV by David Yost (Attachments: # 1 Proposed Order(ja, ) (Entered: 12/03/2004)
12/03/2004 9 Amicus Curiae APPEARANCE entered by Mark David Landes Plaintiffs Delaware County Board of Elections, Delaware County Prosecuting Attorney. (Landes, Mark) (Entered: 12/03/2004)
12/03/2004 10 Memorandum Contra to Mtn of Kerry-Edwards 2004, Inc to Intervene re 5 MOTION for Preliminary Injunction filed by Plaintiffs Delaware County Board of Elections, Delaware County Prosecuting Attorney. (Attachments: # 1 A - NVRI ltr# 2 B - Brenneman Affidavit# 3 Jdgmnt on TRO# 4 D - Del Cty Hrg on TRO# 5 E - Removal Ntc# 6 Proposed Order)(ja, ) (Entered: 12/03/2004)
12/03/2004 11 MOTION to Remand filed by Plaintiffs Delaware County Board of Elections, Delaware County Prosecuting Attorney. (Attachments: # 1 NVRI ltr# 2 B - Brenneman Affidavit - 1# 3 C - Jgmnt on TRO# 4 D - Hrg Ntc# 5 E - ND/OH Order# 6 F - Brenneman Affidavit - 2# 7 Proposed Order)(ja, ) (Entered: 12/03/2004)
12/03/2004 12 BRIEF by Plaintiffs Delaware County Board of Elections, Delaware County Prosecuting Attorney. (Attachments: # 1 Exhibit Affidavit of Keith Cunningham# 2 Exhibit Case of Rios v. Blackwell# 3 Exhibit Affidavit of Michael Sciortino)(Landes, Mark) (Entered: 12/03/2004)
12/03/2004 13 NOTICE of Appearance (Coglianese, Richard) (Entered: 12/03/2004)
12/03/2004 14 MOTION to Remand by Counter Defendant J Kenneth Blackwell. (Attachments: # 1 Exhibit Unpublished case)(Coglianese, Richard) (Entered: 12/03/2004)
12/03/2004 15 MOTION to Quash Subpoenas by Counter Defendant J Kenneth Blackwell. (Attachments: # 1 Exhibit Copy of Subpoenas)(Coglianese, Richard) (Entered: 12/03/2004)
12/03/2004 16 MOTION OF Kerry-Edwards 2004, Inc to Intervene in Deft's Counterclaims and to Join Deft's Motion for Preliminary Injunction. (ja, ) (Entered: 12/03/2004)
12/03/2004 17 STIPULATION OF FACTS: filed by Plaintiffs Delaware County Board of Elections, Delaware County Prosecuting Attorney. (Attachments: # 1 Exh A - Certification)(ja, ) (Entered: 12/03/2004)
12/03/2004 18 AFFIDAVIT of Gwendolyn Dillingham by Plaintiffs Delaware County Board of Elections, Delaware County Prosecuting Attorney. (Landes, Mark) (Entered: 12/03/2004)
12/03/2004 19 Minute Entry for proceedings held before Judge Edmund A Sargus : Motion Hearing held on 12/3/2004 re 5 Both MOTIONS for Preliminary Injunction DENIED(Court Reporter Laura Samuels.) (aq) (Entered: 12/03/2004)
12/03/2004 21 ORDER denying Plaintiffs' Motion for Preliminary Injunction and Defendants'5 Motion for Preliminary Injunction . Signed by Judge Edmund A Sargus on 12/3/04. (aq) (Entered: 12/06/2004)
12/06/2004 20 ORDER: Holding In Abeyance 7 Motion for Limited Admission pending submission of Cert of Good Standing for John Bonifaz per Local Civil Rules. Signed by Judge Terence P Kemp on 12/06/04. (ja, ) (Entered: 12/06/2004)
12/06/2004 22 Supplemental Memorandum Supporting re 20 Order on Motion for Limited Admission of John Bonifaz by Defendants Michael Badnarik, David Cobb, National Voting Rights Institute, Counter Claimants Michael Badnarik, David Cobb, National Voting Rights Institute. (Attachments: # 1 Supplement)(Kerger, Richard) (Entered: 12/06/2004)
12/07/2004 23 AFFIDAVIT of Matthew M. Damschroder by Plaintiffs Delaware County Board of Elections, Delaware County Prosecuting Attorney. (Landes, Mark) (Entered: 12/07/2004)
12/10/2004 24 MOTION for Temporary Restraining Order and Preliminary Injunction by Defendants Michael Badnarik, David Cobb, National Voting Rights Institute, Counter Claimants Michael Badnarik, David Cobb, National Voting Rights Institute. (Kerger, Richard) (Entered: 12/10/2004)
12/10/2004 25 Supplemental Memorandum Supporting re 24 MOTION for Temporary Restraining Order and Preliminary Injunction filed by Defendants Michael Badnarik, David Cobb, National Voting Rights Institute, Michael Badnarik, David Cobb, National Voting Rights Institute, Counter Claimants Michael Badnarik, David Cobb, National Voting Rights Institute, Michael Badnarik, David Cobb, National Voting Rights Institute. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Affidavit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Affidavit # 8 Exhibit # 9 Exhibit # 10 Exhibit)(Kerger, Richard) (Entered: 12/10/2004)
12/10/2004 26 MOTION for Preliminary Injunction by Intervenor Defendant KERRY-EDWARDS 2004 INC. (Kerger, Richard) (Entered: 12/10/2004)
12/15/2004 27 NOTICE by Defendants David Cobb, Michael Badnarik, National Voting Rights Institute, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik of filing of newly discovered evidence in support of their Motion for Preliminary Injunction (Attachments: # 1 Supplement # 2)(Kerger, Richard) (Entered: 12/15/2004)
12/15/2004 28 TRANSCRIPT of Proceedings: Motion for Prelim Injunction held on 12/03/04 before Judge Edmund A. Sargus Jr. Court Reporter: Laura Samuels. (ja, ) (Entered: 12/16/2004)
12/16/2004 29 BRIEF re24 MOTION for Temporary Restraining Order and Preliminary Injunction, 25 Supplemental - Supporting,,. (Landes, Mark) (Entered: 12/16/2004)
12/16/2004 30 RESPONSE in Opposition re 24 MOTION for Temporary Restraining Order and Preliminary Injunction, 26 MOTION for Preliminary Injunction filed by Counter Defendant J Kenneth Blackwell. (Attachments: # 1 Exhibit A Complaint in Rios v. Blackwell# 2 Exhibit B Order Denying TRO# 3 Exhibit C Order in Stewart v Blackwell)(Coglianese, Richard) (Entered: 12/16/2004)
12/16/2004 31 REPORT to the Court filed by Plaintiff David Yost, Delaware County Prosecuting Attorney. (Attachments: # 1 Ex A - Affidavit & Procedures)(ja, ) (Entered: 12/20/2004)
12/22/2004 32 MOTION to Dismiss for Lack of Jurisdiction by Counter Defendant J Kenneth Blackwell. Responses due by 1/17/2005 (Attachments: # 1 Exhibit A Complaint in Rios v Blackwell)(Coglianese, Richard) (Entered: 12/22/2004)
12/23/2004 33 MOTION for Order to Preserve and for Leave to Take Limited Expedited Discovery by Defendants David Cobb, Michael Badnarik, National Voting Rights Institute, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik. (Kerger, Richard) (Entered: 12/23/2004)
12/23/2004 34 Supplemental Memorandum Supporting re 33 MOTION for Order to Preserve and for Leave to Take Limited Expedited Discovery filed by Defendants David Cobb, Michael Badnarik, National Voting Rights Institute, David Cobb, Michael Badnarik, National Voting Rights Institute, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik, National Voting Rights Institute, David Cobb, Michael Badnarik. (Attachments: # 1 Affidavit # 2 Affidavit # 3 Affidavit # 4 Affidavit # 5 Affidavit # 6 Affidavit # 7 Affidavit # 8 Affidavit # 9 Affidavit # 10 Affidavit)(Kerger, Richard) (Entered: 12/23/2004)
12/23/2004 35 Proposed Pretrial Order by Defendants David Cobb, Michael Badnarik, National Voting Rights Institute, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik. (Kerger, Richard) (Entered: 12/23/2004)
12/27/2004 36 First MOTION for Discovery (Preservation Order and Leave to Take Limited Expedited Discovery) by Intervenor Defendant KERRY-EDWARDS 2004 INC. (McTigue, Donald) (Entered: 12/27/2004)
12/29/2004 37 Supplemental MOTION to Dismiss based upon mootness by Counter Defendant J Kenneth Blackwell. Responses due by 1/24/2005 (Coglianese, Richard) (Entered: 12/29/2004)
12/29/2004 38 TRANSCRIPT of Proceedings held on 12/10/04 before Judge Edmund A. Sargus, Jr. Court Reporter: Laura Samuels. (ja, ) (Entered: 12/29/2004)
12/30/2004 39 MOTION to Strike 27 Notice (Other), Notice (Other) hearsay and inadmisisble evidence filed by Counter Defendant J Kenneth Blackwell. (Attachments: # 1 Exhibit A Opinoin in Moss v Bush)(Coglianese, Richard) (Entered: 12/30/2004)
12/30/2004 40 AMENDED DOCUMENT by Defendants David Cobb, Michael Badnarik, National Voting Rights Institute, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik. Amendment to 4 Answer to Complaint,, Counterclaim,. (Kerger, Richard) (Entered: 12/30/2004)
12/31/2004 41 MOTION to Dismiss by Defendants David Cobb, Michael Badnarik, National Voting Rights Institute, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik. Responses due by 1/24/2005 (Attachments: # 1 # 2)(Kerger, Richard) (Entered: 12/31/2004)
01/10/2005 42 MOTION to Dismiss amended complaint by Counter Defendant J Kenneth Blackwell. Responses due by 2/3/2005 (Coglianese, Richard) (Entered: 01/10/2005)
01/12/2005 43 MOTION for Leave to Appear Pro Hac Vice of Lisa J. Danetz by Defendants David Cobb, Michael Badnarik, National Voting Rights Institute, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik. (Attachments: # 1 Affidavit # 2 Affidavit # 3 Affidavit)(Kerger, Richard) (Entered: 01/12/2005)
01/18/2005 44 ORDER granting # 43 Motion for attorney Lisa J. Danetz to Appear PHV on behalf of defts David Cobb, Michaekl Badnarik, National Voting Rights Institue, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik. Signed by Judge Terence P Kemp on 1/18/05. (rew ) (Entered: 01/18/2005)
01/18/2005 45 RESPONSE in Opposition re 39 MOTION to Strike 27 Notice (Other), Notice (Other) hearsay and inadmisisble evidence filed filed by Defendants David Cobb, Michael Badnarik, National Voting Rights Institute, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik. (Attachments: # 1 Exhibit)(Kerger, Richard) (Entered: 01/18/2005)
01/19/2005 PHV fee: $ 50, receipt number 04-1139 (ja, ) (Entered: 01/24/2005)
01/21/2005 46 RESPONSE filed by Plaintiffs Delaware County Prosecuting Attorney, Delaware County Board of Elections to Deft 41 MOTION to Dismiss, and 42 MOTION to Dismiss amended complaint or in the alternative Dismissal of Plaintiffs as parties to this action. (ja, ) (Entered: 01/25/2005)
01/25/2005 47 REPLY to Response to Motion re 39 MOTION to Strike 27 Notice (Other), Notice (Other) hearsay and inadmisisble evidence filed filed by Counter Defendant J Kenneth Blackwell. (Coglianese, Richard). (Entered: 01/25/2005)
01/25/2005 Notice of Correction 47 Reply to Response to Motion, 46 Response to Motion, renumbered to reflect correct chronological order (ja, ) (Entered: 01/25/2005)
01/31/2005 48 Supplemental Memorandum Supporting re 47 Reply to Response to Motion to Strike filed by Counter Defendants J Kenneth Blackwell, J Kenneth Blackwell. (Attachments: # 1 Exhibit A Letter from US DOJ)(Coglianese, Richard) (Entered: 01/31/2005)
02/03/2005 49 RESPONSE in Opposition re 42 MOTION to Dismiss amended complaint filed by Defendants David Cobb, Michael Badnarik, National Voting Rights Institute, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik. (Kerger, Richard) (Entered: 02/03/2005)
02/04/2005 50 RESPONSE in Opposition re 42 MOTION to Dismiss amended complaint - "Corrected Version" filed by Counter Claimant National Voting Rights Institute, Defendant National Voting Rights Institute. (Kerger, Richard) (Entered: 02/04/2005)
02/11/2005 51 MOTION for Hearing by Defendants David Cobb, Michael Badnarik, National Voting Rights Institute, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik. (Kerger, Richard) (Entered: 02/11/2005)
02/14/2005 52 ORDER granting 41 Defendants' Motion to Dismiss Plaintiff's original complaint. The parties are directed to file within fifteen (15) days of the date of this Order, Statements of Position as to whether this action should be transferred to the Northern District of Ohio and joined with the earlier filed case of Rios v. Blackwell, 3:04-CV-7724 . Signed by Judge Edmund A Sargus on 02-14-2005. (dh) (Entered: 02/14/2005)
02/14/2005 53 RESPONSE in Support re 32 MOTION to Dismiss for Lack of Jurisdiction filed by Counter Defendant J Kenneth Blackwell. (Coglianese, Richard) (Entered: 02/14/2005)
02/23/2005 54 NOTICE by Defendants David Cobb, Michael Badnarik, National Voting Rights Institute, Counter Claimants National Voting Rights Institute, David Cobb, Michael Badnarik of Filing of Statement of Position on Transfer Question (Kerger, Richard) (Entered: 02/23/2005)
02/24/2005 55 NOTICE by Intervenor Defendant KERRY-EDWARDS 2004 INC Regarding Position on Transfer Question (McTigue, Donald) (Entered: 02/24/2005)
02/24/2005 56 MOTION for Hearing by Intervenor Defendant KERRY-EDWARDS 2004 INC. (Attachments: # 1 Affidavit Declaration of Donald J. McTigue# 2 Exhibit Recount Witness Summary)(McTigue, Donald) (Entered: 02/24/2005)
03/01/2005 57 NOTICE by Counter Defendant J Kenneth Blackwell re 52 Order on Motion to Dismiss, on position about transferring the case to the Northern District of Ohio (Coglianese, Richard) (Entered: 03/01/2005)

U.S. District Court
Northern District of Ohio (Toledo)
CIVIL DOCKET FOR CASE #: 3:04-cv-07724-JGC

Rios et al v. Blackwell
Assigned to: Hon. James G. Carr
Cause: 42:1983 Civil Rights Act

11/22/2004 1 Complaint against J. Kenneth Blackwell (1 summons and Magistrate Consent Forms issued). Filed by Michael Badnarik, David Cobb, Common Cause Ohio, Daryl Davis, Evan Davis, Phillip F. Fry, Jr., Timothy J. Kettler, Victoria Lovegren, Anita Rios, Jeanne White. Filing fee paid; receipt number 319136. (Attachments: # 1 Exhibit to complaint# 2)(G, D) (Entered: 11/23/2004)
11/22/2004 2 Corporate Disclosure Statement filed by all plaintiffs. (G, D) (Entered: 11/23/2004)
11/22/2004 3 Affidavit of John C. Bonifaz in support of motion for admission pro hac vice filed by all plaintiffs. (G, D) (Entered: 11/23/2004)
11/22/2004 4 Motion for temporary restraining order filed by all plaintiffs. (Attachments: # 1 Memo in Support of Motion for TRO and Preliminary Injunction# 2 Exhibits # 3 Proposed Order)(G, D) (Entered: 11/23/2004)
11/22/2004 5 Motion for preliminary injunction filed by all plaintiffs. (Attachments: # 1 Proposed Order)(G, D) (Entered: 11/23/2004)
11/22/2004 Financial Transaction in the amount of $190.00 received for motion to appear pro hac vice by attorney John C. Bonifaz, on behalf of Plaintiffs. Receipt # 319137 Related document(s)3. (M, L) (Entered: 11/23/2004)
11/22/2004 6 Certificate of Notice of filing of suit filed by all plaintiffs. (G, D) (Entered: 11/23/2004)
11/23/2004 7 Attorney Appearance of Richard N. Coglianese and Arthur J. Marziale, Jr. filed by on behalf of J. Kenneth Blackwell. (Coglianese, Richard) Modified on 11/29/2004 (N, D). (Entered: 11/23/2004)
11/23/2004 8 Motion for leave to file Complete Declaration filed by all plaintiffs. (Attachments: # 1 Affidavit # 2 # 3 # 4)(Kerger, Richard) (Entered: 11/23/2004)
11/23/2004 9 Order: plaintiffs' motion for a temporary restraining order and preliminary injunction is denied. (Related Doc # 4)(Related Doc # 5). Signed by Judge James G. Carr on 11/23/2004.(S, A L) (Entered: 11/23/2004)
11/24/2004 10 Motion to intervene as a party filed by Ohio Republican Party, Betty Jo Sherman, Thomas W. Noe, Glenn A. Wolfe. Related document(s)1. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Silk, Jr., James) (Entered: 11/24/2004)
12/06/2004 11 Non-Appeal Transcript Order Form for proceedings of telephone conferences (2) held on 11/23/04... need ASAP filed by all plaintiffs. (Kerger, Richard) (Entered: 12/06/2004)
12/22/2004 13 Transcript of Proceedings held on 11/23/04 before Judge Carr. (Complete 35 pages of document on file in Clerk's Office) To obtain a bound copy of this transcript please contact Court Reporter: George J. Staiduhar at 216-357-7128. (E, P) (Entered: 12/30/2004)
12/29/2004 12 Motion to dismiss filed by J. Kenneth Blackwell. Related document(s)1. (Attachments: # 1 Exhibit A Counterclaim in Yost v NVRI# 2 Exhibit B Motion for TRO in Yost v NVRI# 3 Exhibit C Yost Docket Sheet)(Coglianese, Richard) (Entered: 12/29/2004)
01/27/2005 14 Opposition to defendant's Motion to dismiss filed by all plaintiffs. Related document(s)12. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit)(Kerger, Richard) Modified on 1/28/2005 (N, D). (Entered: 01/27/2005)
02/08/2005 15 Reply to response to Motion to dismiss filed by J. Kenneth Blackwell. Related document(s)12. (Attachments: # 1 Exhibit A Amended Complaint filed in the Southern District)(Coglianese, Richard) (Entered: 02/08/2005)
03/01/2005 16 Notice of Supplemental Authority in support of motion for judgment on the pleadings or to show cause filed by J. Kenneth Blackwell. (Attachments: # 1) (Coglianese, Richard) (Entered: 03/01/2005)

[merh]

40. And I see you have no witty retort to the factual statement that

having computer experts on the scene on election day would not have changed anything. As I said, if it was the software and the tabulators, that altered the vote count and that could not have been detected by watching the polling places. Kerry/Edwards is still litigating to have the machines examined.

[Zan_of_Texas]

42. Actually, the point was to have computer experts available

BEFORE the election and during, and during the recount period.

Not just the day of election.

We agree that electronic and tabulation theft is difficult to detect while simply watching the course of election day activities. That is why it is so pernicious, and why hundreds of thousands of votes can be stolen with a few keystrokes.

U.S. Rep. Cynthia McKinney was aware of the danger, and asked a computer expert, Roxanne, who had taken apart the Diebold code before, to head up a team that trained McKinney's election watchers in Georgia, where McKinney was running to get her seat back. Georgia, of course, was the first state to go all electronic. With Diebold. She also had a legal team that was available by phone at headquarters, beginning when the polls opened.

The technically trained team of observers PLUS the attorney team began getting trouble calls at the stroke of 7:00 A.M.

McKinney told me that the whole operation was crucial in seeing that she got a fair shake at the polls. She won.

I don't honestly know if thousands of technically-trained observers would have helped in the presidential count. But to have 17,000 attorneys at the ready, and apparently ZERO technically-trained observers or people on call was the height of folly for the Kerry team.

If the Kerry team is truly working for election reform now, fine. I applaud all those who do.

I know that Kerry's lawyers intervened in the one Ohio county before. One county. What about some of the other 87 Ohio counties?

What about Nevada, or New Mexico, where the cost to recount was set so high that the Green/Libertarians could not quickly raise it? Where was the Kerry millions-of-dollars war chest for recounts then?

Kerry got an enormous amount of election support from people who want to exit Iraq, even though he wants to stay and supply even more troops. He got an enormous amount of support from people who differ with his policies on a number of counts.

I passed out Kerry signs in my neighborhood, ok (I had to pay for them myself, the Democratic Party had no money). But, he gets no free ride on policy now from me. I want action.

[Zan_of_Texas]

43. Garybeck at DU reports on a conversation with Arnebeck.

Post 27 -- federal suit Arnebeck is trying to get into, while the Dem Party tries to get out.

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=203&topic_id=345084

[merh]

46. Well, that is not what the federal court docket reflects.

Arnebeck has not filed anything and Kerry/Edwards Campaign has made filings and continues to argue their case. But I guess gary's conversation with Arnebeck should be believed. :shrug:

(see copy of docket in posts above.)

edited to add latest filings:
02/24/2005 55 NOTICE by Intervenor Defendant KERRY-EDWARDS 2004 INC Regarding Position on Transfer Question (McTigue, Donald) (Entered: 02/24/2005)
02/24/2005 56 MOTION for Hearing by Intervenor Defendant KERRY-EDWARDS 2004 INC. (Attachments: # 1 Affidavit Declaration of Donald J. McTigue# 2 Exhibit Recount Witness Summary)(McTigue, Donald) (Entered: 02/24/2005)
03/01/2005 57 NOTICE by Counter Defendant J Kenneth Blackwell re 52 Order on Motion to Dismiss, on position about transferring the case to the Northern District of Ohio (Coglianese, Richard) (Entered: 03/01/2005)

[merh]

44. Really, the problem is that state officials conduct the elections and

are very funny about allowing anyone from either party access to the machines BEFORE the election and the recount laws do not provide that the machines can be inspected. Only the ballots can be counted, thus the term "RECOUNT".

The intervention is the one (only one as you angrily point out) county is because it was the county that had obvious violations of the recount laws. I guess you are lacking in an understanding of the laws that governing filing lawsuits such as jurisdiction and having an actual claim before filing. To file in all 87 counties or to include all 87 counties without sufficient evidence or proof would be filing frivolous lawsuits and doing that is in itself against the law and leaves the lawyer and the parties subject to sanctions, exactly what Arnebeck is facing and fighting.

That you assume to KNOW who was employed by Kerry/Edwards before, during or after the election based on experts that were not hired is a bold assumption on your part. It is your prerogative to remain angry if you like, I simply am pointing out that (1) it is a waste of energy, and (2) your supposed facts are incorrect and based on hearsay at best.

If you believe that Kerry had a better shot than Gore did, then you are far removed from reality. Gore won the popular and lost the electoral due to the theft of the Florida electoral college votes. Now we know that he did win the election. Kerry lost both the popular and the electoral due to the theft (they were able to perfect their theft in 2002 and they stole a little from every state). The repukes used a multitude of means to steal the election, so many that I cannot list them all and I doubt if you can.

Waste your energies being angry, I really don't care.

I recognize what Kerry is doing today and I applaud him for his efforts.

I know election laws and the complexity of the election contest litigation and how the laws limit the challenge. I know that there are a magnitude of issues that have to be dealt with regarding elections given each state is responsible for conducting the election and each state has multiple boards and commissions that oversee the elections.

Be happy in your anger. Celebrate your rage and waste your energies. That is your choice.

[katinmn]

14. I was glad to get this today.

Go JFK! :kick:

[PittLib]

16. With utmost appreciation for this e-mail

and respect for Senator Kerry, I wish he would have called out the rat bastard dems that voted against our interests and lauded the 6 repubs who supported them. Not going to happen, I know ... but I am pissed. Those assholes lost it for us.

[merh]

17. Just you wait -- we have to give them the power they need to

change the balance in congress. We have to recognize our power and use our strengths to make ourselves heard. If we do that, if we come out in huge numbers to oppose the repuke agenda, then we have empowered our leaders.

We have to keep trying!

[PittLib]

20. Oh, I'm not giving up ...

don't worry - this bit of frustration just steels my resolve. I was pleased to find this in my inbox today. I was one of those who didn't get a chance to sign it until after the vote ... but I guess it counts for something. I just feel for those who thought they were voting for a dem and instead got someone who consistently crosses party lines to our detriment (ie. Landrieu). I'm not bashing so much as keeping score. Thanks for posting! :)

[LittleClarkie]

32. I thought I'd read that we were up to 400,000 now

Anyone else hear that?

[merh]

33. Its in his email that is in the OP - I used his title to create the title

of the thread!

P.S. I told you that more than a quarter of a million people signed our Citizens' Roll Call in the first 24 hours after we launched it. Actually the news is even more impressive. As of this moment, there are over 400,000 signers to our Roll Call, including tens of thousands who signed after the vote to express their determination to keep fighting. Let's keep working.

[EFerrari]

18. Great work, merh & thanks again for the heads up! (nt)

[merh]

23. Hello fellow truthseeker!

I have tried to sign up for the group, but am having difficulities. Hopefully I will be successful by this evening! :hi:

Keep fighting, keep calling, we can make a difference!

[EFerrari]

24. So sorry for the hassle.

Try this: [e-mail]

We sure could use you.

[merh]

25. Thanks!

I will get there - eventually!

[merh]

30. That is an email address!

I am still trying! :freak:

[merh]

26. We won Medicaid

They voted to STRIP THE MEDICAID CUTS FROM BUSH'S BUDGET!!!!!!!!!! Give a CHEER for OUR DEMOCRATIC SENATORS!!!!

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=104x3288994

NEVER GIVE UP!!

NEVER GIVE UP!!!!!!!!!!!

[merh]

31. kick!

:kick:

[hiley]

34. Kick from me merh

your happiness today is making me laugh too !:kick:

[merh]

35. Thanks for the kick!

:kick:

[merh]

36. kick

:kick:

[regnaD kciN]

41. The bad news...

...is that their 51 trump our 260,000. They win, we lose. That's a fact, Jack.

:-(

[kerrygoddess]

45. Over 400,000 reasons!

Rock On JK!

We've Got Your Back!