Federal Judge Refuses to Uphold Temporary Restraining Order Issued by State Court; Sets Hearing on Recount For Friday

Press Release   Common Dreams and Green Party of US   02 December 2004

WASHINGTON December 2 A federal judge today declined to extend a temporary restraining order against Green Party presidential candidate David Cobb, Libertarian
Michael Badnarik and their legal counsel, the National Voting Rights Institute, which had been preventing them from seeking a recount of the presidential vote in Delaware County, Ohio. The judge set a hearing for Friday at 2:30 p.m., at the U.S. Courthouse in Columbus, Ohio to consider the matter further.

On November 23, at the request of the Delaware County Board of Elections, a Delaware County judge issued a temporary restraining order against David Cobb, Michael Badnarik and the National Voting Rights Institute, seeking to prevent them from initiating a recount of the presidential vote in that county.

The state court judge issued the order without first consulting the candidates or their attorneys.

On November 30, Cobb, Badnarik and the National Voting Rights Institute asked the federal court to take jurisdiction in the case.

"This is a matter of protecting our rights to participate in the democratic process and an area in which federal jurisdiction is clearly appropriate," said Blair Bobier, Media Director for the Cobb-LaMarche campaign.

For more information, see the campaign website, <http://www.votecobb.org>. Information about the Green Party can be found at <http://www.gp.org>.