Reply #7: Got there late, but here's what I know [View All]

I missed the first part so I'm not sure if that contained the legal team presentation, but I didn't get the impression that anyone had addressed specific remedies. My understanding was that the first hour was to be Q&A, and I came in at the end of a brain-storming session of areas to address and putting those into subcommittees.

I volunteered to work on litigation angles, but there were no other attorneys in the group (and I'm retired/non-practicing). I attended hoping to be a foot soldier but that's not the way it's turning out. I plan on trying to contact Arnebeck this week to get a better handle on coordination of efforts. The woman heading the investigatory group seems like a great contact, and I'm sure we'll be burning up the e-mails soon.

The only suggestions I had were to begin with researching possible remedies. I figured review of the Civil Rights Comm report on Florida 2000 would be a good starting point for some of the Federal stuff. I see mandamus as a long shot, but certainly worth the effort where some BOEs are concerned as to records. Review HAVA for penalties/remedies (I presume that we need a federal DA to take that up).

Review ORC for state code violations. I plan to boil down Title 35 to the "violation" provisions in plain language/ fill-in-the-blank affidavit format. (One member is to send me a huge list of problems in Ohio). Where found in local boards, attempt to convince local prosecutor to act once we've done the legwork. If not, verify whether court accepts private misdemeanor filings on summonses, subject to a probable cause hearing. (Winning is not the essential point here, but there also must be a good faith basis for filing, obviously.) It seems to me that others have covered more of the federal angles, and that we might make some headway nibbling at them in a county here and a county there.

Also, something I forgot to mention at the meeting is that every action be used to create as precise a record as possible. (i.e., making it painfully apparent that there was a good case and that the prosecutor declined to bring it -- and that it was a good case in the event the judge decides to dismiss it...)

I didn't have too much else to add, since I was expecting to get more direction from the "team of attorneys" promised (I dunno, maybe I missed them...I was late.) All my suggestions were in the realm of "this is an area I think we need to research..." Further problems will be presented with any actions beyond criminal cases, since most would be too challenging for the voter to represent themselves (filing costs could also run high). I was thinking pro-se was a possibility, but the most likely would be mandamus, and that's a nasty standard for a lawyer, let alone a layperson.

Naturally I want to take a very close look at all of Blackwell's activities in reference to the ORC. Unfortunately, most of the rules he relied on are not readily available (certainly not on line). Furthermore, a reconnaissance of Petro's Fun-House of Potential Ethical Conflicts would not be amiss.

Guidance/advice/offers of assistance/anxiety-relief warmly appreciated....pm me if you like.

edit for late-night oopsies.