Attorney general's call to punish lawyer is reply to election challenge
Wednesday, January 19, 2005
Reginald Fields
Cleveland Plain Dealer Reporter

Columbus

Ohio's attorney general has asked the state's high court to sanction a lawyer who counseled a group filing legal challenges to last year's presidential election. 
 
 The motion, which called the challenges "meritless," was filed on behalf of Secretary of State Ken Blackwell, Ohio's top elections official, said Kim Norris, spokeswoman for Attorney General Jim Petro.

Columbus attorney Clifford Arnebeck, who represents 37 voters seeking to overturn President Bush's Ohio victory, is the target of the motion filed Tuesday.

"This motion is frivolous," said Arnebeck, whose filings accused the state and the Bush administration of election fraud and a coverup.

The state's motion admits there were Election Day problems but called them "irregularities" and not fraud. And the motion states that the protesters filed a "meritless claim" for "partisan political purposes."

"A contest proceeding is not a toy for idle hands," the motion states. "It is not to be used to make a political point, or to be used as a discovery tool, or used to inconvenience or harass public officials, or to be used as a publicity gimmick."

"A contest proceeding is a wholly inappropriate forum to address the localized problems of long lines, shortages of machines, failing to receive notice of the proper voting precinct or casting of provisional ballots," the motion states.

But Arnebeck said his clients "put in a great deal of evidence in the form of affidavits and sworn testimony." He accused Blackwell of "stonewalling" and refusing to answer questions as requested in his December court filings.

"It is arrogant, and basically he is assuming a position as if he were the king and the king can do no wrong," Arnebeck said.

"Mr. Arnebeck is an individual harassing the Ohio election establishment with frivolous claims and providing no basis for his allegations and charges," said Carlo LoParo, Blackwell's spokesman. "Enough is enough."

Ohio's 20 electoral votes went to Bush, who won the state by 118,000 votes over Sen. John Kerry.