ProgressOhio

We'll see what Judge Marbley says about these ludicrous claims from the NRCC which were copied and pasted by the ORP.

Brunner using vote fraud to hand Kilroy election?

Press release from the National Republican Congressional Committee:

Washington - Unbeknownst to voters who cast their ballots in good faith in the race for Ohio’s 15th Congressional District, Ohio Secretary of State Jennifer Brunner is working to undermine the principle of free and fair elections by changing the rules by which votes are counted after the votes were cast. In a transparently partisan act, Brunner has advised county boards of election to allow for the counting of ballots already invalidated by state law.

Brunner has issued an opinion advising Boards of Election to count provisional ballots cast by voters who failed to properly complete their ballot as required under state law.  Despite state law to the contrary, Brunner is directing election boards to count these fatally flawed ballots, suggesting the defective and incomplete ballots somehow result from poll worker errors. Franklin County Prosecutor Ron O’Brien, who is prosecuting a man who fraudulently signed at least ten absentee ballots, understands that a voter’s signature is the very basis for a valid ballot, even if Brunner and Kilroy do not:

“‘This case is being prosecuted because of the signatures,’ O'Brien said. ‘Some people in this state don't think they are necessary’ an apparent reference to statements made by Secretary of State Jennifer Brunner.

“‘Anyone who thinks that a signature is not necessary to detect or prosecute voter fraud is not living in the real world.’” (Columbus Dispatch, 11/19/08)

“A fundamental cornerstone to fair elections is that consistent and inalterable rules govern throughout the process,” said NRCC spokesman Ken Spain. “Rather than allowing the vote counting process to proceed according to law and to the rules established prior to Election Day, Democrats are sensing Kilroy’s defeat again, and are attempting to change the rules to save her skin. By counting ballots that Ohio law had previously deemed invalid, Brunner is inserting political cronyism into what should be a fair and dispassionate process.”

The evidence in the case which was soley provided by the Affidavit of Republican Matthew M. Damschroder clearly shows tha:

1) The Franklin County Board of Elections  intentionally utilized a different form for provisional ballot affirmation statements than that which was provided and authorized by the Secretary of State and that which was used in other counties across the state. 

The Secretary of State Form clearly identifies the Poll Worker as the responsible party to insure the form is fully filled out BEFORE THE POLL WORKER AFFIRMS IT. 

2) That out of the 800 provisional ballots  referred to in the suit 620 ARE SIGNED by the voter, but do not also have the voter's name printed on the form which Franklin County now says is a fatal flawi nvalidating that vote.

3) That only 30 of the Ballots in question have the name printed and all of the rest of the information, but no signature. 

First, it was the Poll Worker's duty to make sure the form was filled out correctly and completely including being signed.  If not then it was the Franklin County BOE's responsiblity to notify these voters of the defect and have them come into the Board to sign the affirmation within the 10 day prescribed period under Ohio law for perfecting provisional ballots.

4)  That the remainder of these Ballots cast (150) have no signature nor the printed name or the prined name and/or signature are not in the "right" place on the form.

Again, since the poll worker affirmed and signed off that these were complete provisional affirmation statements it is clearly poll worker error to say such a form was correct and complete.

Judge Marbley previously has ruled "a provisional ballot cannot be rejected because of a poll worker error", and Marbley noted in this case that that is one of the elements of this legal fight.

Every time Secretary Brunner follows the law, the ORP calls her a partisan.

If the FCBOE had followed Ohio law they would have voted as to whether or not to count these provisional ballots and assuming a tie, Secretary Brunner's vote would have been the deciding one.  Instead they went around that law and filed an essentially frivolous lawsuit caused by their own mismanagement of the voting process.  Why?  Because they want to suppress the vote in Franklin County where Kilroy won.