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Ohio lawsuit will be refiled by Monday, to be refiled as 2 lawsuits [View All]

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4democracy Donating Member (285 posts) Send PM | Profile | Ignore Fri Dec-17-04 01:08 AM
Original message
Ohio lawsuit will be refiled by Monday, to be refiled as 2 lawsuits
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From: Susan Truitt
To: CASE_OH@yahoogroups.com
Sent: Thursday, December 16, 2004 11:23 PM
Subject: Re: Re: Fwd: Don't Panic! - Contest of Election Petition Dismissed - But we are refiling


Thank you for asking.

You can always forward anything that I send to the listserv. It is important for people to know that the dismissal of the contest of the election is merely an inconvenience - nothing more. We are refiling at least by Monday AM.

Thanks for forwarding to many others to assure supporters.

Susan

Date: Thu, 16 Dec 2004 13:46:12 -0800 (PST)
From: "Susan Truitt" <susan_truitt@yahoo.com>
Subject: Don't Panic! - Contest of Election Petition Dismissed
To: CASE_OH@ayhoogroups.com

O.K.

The Ohio Supreme Court dismissed our petition in the contest of the election lawsuit.

But don't panic. As you can see below, the Court is merely saying that we need to refile two separate lawsuits.

So, we are in the process of doing just that. "Without prejudice" means that we can refile.

Susan

2004-2055. Moss v. Bush.

On Petition to Contest Elections. This cause originated in this court on the filing of an election contest petition under R.C. 3515.09. On December 14, 2004, Governor Taft, pursuant to R.C. 3515.08, made the appropriate designation to hear the election contest involving the November 2, 2004 election for Chief Justice of the Supreme Court of Ohio. After reviewing the portion of the petition contesting that election, I conclude that the contest is improperly combined with another election contest in the same petition. R.C. 3515.08, et seq., requires a separate petition be filed for each contested office. Election laws are mandatory and require strict compliance. State ex rel. Steele v. Morrissey, 103 Ohio St.3d 355, 2004-Ohio-4960, 815 N.E.2d 1107, ¶ 33. Accordingly, IT IS ORDERED that the portion of the petition contesting the November 2, 2004 election for Chief Justice of the Supreme Court of Ohio be, and hereby is, dismissed without prejudice.

O'Connor, J., in Chambers.
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