In places where there is NO PAPER TRAIL, the only record of the election count is held inside the DRE. So a recount would yield the SAME results every time. In Florida, any PAPER ballots originally tabulated by MACHINE CANNOT be hand-counted.
In Ohio, the now-infamous House Bill 3 even took recounts for federal elections out of the hands of Ohioans:
Ohio: HB 3 Would Make It Harder to Vote, Harder to Ensure Accuracy, Harder to Recount(at VoteTrustUSA)
Finally, the current version of HB 3 prohibits contests of a federal election (under Ohio law):
Sec. 3515.08. The (A) Except as otherwise provided in this division, the nomination or election of any person to any public office or party position or the approval or rejection of any issue or question, submitted to the voters, may be contested by qualified electors of the state or a political subdivision. The nomination or election of any person to any federal office,including the office of elector for president and vice president and the office of member of congress, shall not be subject to a contest of election conducted under this chapter. Contests of the nomination or election of any person to any federal office shall be conducted in accordance with the applicable provisions of federal law.
Some will counter that challenges are still available under federal law and that’s true. However, consider the case of Rios v. Blackwell, filed in November 2004; the case is still pending. Even if a federal decision comes soon, it does nothing about an election already decided.
Marc Dann (now our AG-elect) told us at the We Count 2006 conference that HB3 allows the AG to prosecute anyone suspected of election fraud up to three years after the fact, which would then include any chicanery from the 2004 election.
:patriot: