Cobb Sues Blackwell in Federal Court Over Recount

COBB/LaMARCHE 2004
http://www.votecobb.org

For immediate release:
December 2, 2004

Cobb Sues Blackwell in Federal Court Over Recount

Green Party presidential candidate says Republican Secretary of State is stalling

Green Party presidential candidate David Cobb today filed counterclaims in the United States District Court for the Southern District of Ohio against Republican Secretary of State Kenneth Blackwell, asserting that Blackwell is stalling the Ohio recount and abusing his authority.

The counterclaims have been alleged in pending litigation in federal court which originated in Delaware County, Ohio, when that county's board of elections asked a local state court judge to stop the recount in Delaware County. The state court judge issued a temporary restraining order attempting to prevent Cobb, Libertarian Michael Badnarik and their attorney's from seeking a recount of the presidential ballots cast in that county.

On Tuesday, Cobb asked a federal court to take jurisdiction in the case. The Kerry-Edwards campaign also moved to intervene in the case in defense of Cobb and Badnarik's position.

The suit filed today by Cobb, Badnarik and the National Voting Rights Institute alleges that Blackwell is abusing his discretionary authority and is, in effect, stalling. The suit asks that the recount begin immediately and be completed by the federally declared "safe harbor" date of December 7 and by December 13, when the presidential electors are scheduled to meet. The suit also demands that Blackwell not declare the results of the election as official and final and that the presidential electors not be certified until the recount has been completed.

The legal documents and related information are available on the campaign website, http://www.votecobb.org. Information about the Green Party can be found at http://www.gp.org.

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