Chief justice refuses to remove himself from vote challenge

ANDREW WELSH-HUGGINS

Associated Press   29 December 2004

COLUMBUS, Ohio - Chief Justice Thomas Moyer of the Ohio Supreme Court refused Wednesday to remove himself from a case challenging the results of the presidential election.

Moyer also rejected a request by voters challenging the results for a speedy hearing and an order that elections boards preserve evidence from the election.

The voters and their attorneys filed poorly documented affidavits that contain hearsay, don't indicate who the people making statements are and don't explain what their statements have to do with the election, Moyer said.

The challengers have provided "nothing suggesting that Ohio election officials are engaging, or will engage, in illegal conduct," said Moyer, who called their documents "woefully inadequate."

In one example, voters submitted a statement by the Hocking County elections board director regarding the alleged manipulation of a computer before a recount.

"In fact, much of the document is a recitation of statements purportedly uttered by someone else, and thus inadmissible hearsay," Moyer wrote.

Moyer said there is no reason for him to remove himself since the challenge doesn't involve his own election and he has nothing to gain by a change in the results.

The voters' statement that Moyer "wittingly or unwittingly acquired knowledge of deliberate national and statewide election fraud is wholly without foundation and totally lacks any degree of veracity," Moyer said. "Its speculative and ungrounded nature does not constitute grounds for disqualification."

Citing fraud, 37 voters backed by Columbus attorneys Cliff Arnebeck and Bob Fitrakis have challenged the results of the presidential race in Ohio. They point to long lines, a shortage of voting machines in predominantly minority neighborhoods and problems with computer equipment.

President Bush defeated Sen. John Kerry by about 118,000 votes, according to a recount of the official results paid for by two independent party candidates. Bush's win in Ohio allowed him to declare victory in the national election.

Arnebeck said he was reviewing the documents Moyer referred to. As to the chief justice's refusal to remove himself, "the important thing about the judicial process is the concept that you have a neutral judge," Arnebeck said. "It's disappointing that doesn't seem to be the priority here."