Ohio Election Justice Campaign
The OEJC is a coalition of concerned citizens from across
Ohio and election experts in Ohio and around the nation,
including election reformers currently serving on the Ohio
Secretary of State's Voting Rights Institute.
The OEJC seeks to raise citizen awareness of election justice
issues through education and to encourage elected officials to
restore the rule of law to Ohio.
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Some Final Record Requests For 2008
The below string of letters is regarding ongoing attempts to access Franklin County, Ohio public records.
Aaron Ockerman is named in the requests as someone we are seeking the correspondence between him and the Franklin County Board of Elections (BOE). Aaron Ockerman is a lobbyist for The Ohio Association of Election Officials. This group, The Ohio Association of Election Officials (OEAO) does not make it's records public, not even the names of the officers of the organization, nor their budget.
If Ockerman sends correspondence to any election official in Ohio at their county office (paid for with our tax dollars $$$), that correspondence is a public record. The OEAO is a private corporation that runs the elections in Ohio. They do not make public their members, which can include businesses and organizations interested in elections. Similar organizations are in other states running our US elections across the United States.
I have been told that they also do not make their data available. In the past several years, other BOE's have provided the requested records regarding their correspondence with Ockerman, and we did not have to battle for it. Aaron was also a lobbyist for the election company ES&S and others in his company, State Street Consultants, were lobbyists for Diebold (now Premier). The time frame for the mentioned lobbying on behalf of ES&S and Diebold included but is not limited to when the large original purchase of over $110 million dollars was spent because of HAVA to buy electronic voting machines.
The name of Patrick J. Piccininni who is Cc'd by the Franklin County Board of Elections, is one of the Franklin County Prosecutors. The county prosecutors are legal council for the county agencies, including the Board of Elections. Is this a proper usage of the prosecutor, to block public record requests, this service paid for with public (taxpayer) funds?
A court case is mentioned repeatedly by the Director and Deputy Director of the Franklin County BOE, "State ex rel Glasgow v. Jones", and they repeatedly say... "your request is overly broad" and they refuse to send the requested records. Upon review, this case does not apply to the OEJC requests which are very specific.
At the bottom of the string of record requests, is one made today, December 30, 2008 by Blackbox Voting. Bev Harris was Cc'd on the requests made below by the OEJC. Blackbox is now also requesting records from Franklin County's BOE.
_________________________________________________________________________________________________________
Michael Stinziano
Director, Franklin County Board of Elections
December 30, 2008
Dear Mr. Stinziano,
You have continued to rely upon the prosecutor to deny or delay my requests for records since Monday, December 15, 2008.
My request for phone records, which clearly document the activities of your office. It is for a narrow period of time and specific to the deputy director of your office.
To repeat: Per ORC 149.43, I request cell phone and office phone records for Matt Damschroder from October 1, 2008 through November 29, 2008.
I would appreciate receiving these records in electronic format as soon as possible.
Sincerely,
Paddy Shaffer
Director, The Ohio Election Justice Campaign
paddy@columbus.rr.com
(614) 266-5283
----- Original Message -----
From: Stinziano, Michael P.
To: Paddy Shaffer
Cc: Damschroder, Matthew M. ; Piccininni, Patrick J.
Sent: Tuesday, December 30, 2008 11:13 AM
Subject: RE: Sixth request, Re: Franklin, Public Record Request - BOE correspondance 2008
Paddy,
We are in the process of fulfilling your previous request. Please allow us the time needed to fulfill the request.
In addition, this office will communicate when we are unable to fulfill a request; if for example, such a request is overly broad. If such communication is not received please assume we are in the process of fulfilling the request. Given the many requests you have made and the timing of the requests in lieu of this office’s other responsibilities, we do fulfill them within a reasonable time.
In regards to your most recent request of phone records, I will check with our prosecuting attorney, but as previously mentioned, based on the precedent established in State ex rel Glasgow v. Jones, your request is overly broad.
Michael Stinziano
Director, Franklin County Board of Elections
________________________________________
From: Paddy Shaffer [mailto:paddy@columbus.rr.com]
Sent: Tuesday, December 30, 2008 10:23 AM
To: Stinziano, Michael P.
Cc: Marian Lupo; Dan Stanton; Tim Kettler; Bev Harris
Subject: Sixth request, Re: Franklin, Public Record Request - BOE correspondance 2008
Michael Stinziano
Director, Franklin County Board of Elections
December 30, 2008
Dear Michael Stinziano,
As I have had no response to my fifth request for public records as per ORC 149.43, which was made on December 18th, 2008, I would like to repeat it at this time. So here goes...
As per ORC 149.43 I request all correspondence between Aaron Ockerman and any and all employees of the Franklin County Board of Elections for the time period from October 10, 2008 through November 10, 2008.
Please send this in electronic format.
If you view this request as overly broad, kindly advise me as to what would be a not overly broad request.
I additionally request the cell phone and office phone records for Matt Damschroder from October 1, 2008 through November 29, 2008, or. Please also send these in electronic format.
Thank you for your assistance.
Sincerely,
Paddy Shaffer
Director, The Ohio Election Justice Campaign
paddy@columbus.rr.com
(614) 266-5283
----- Original Message -----
From: Paddy Shaffer
To: Stinziano, Michael P.
Cc: Marian Lupo ; Dan Stanton ; Tim Kettler ; Bev Harris
Sent: Thursday, December 18, 2008 9:06 PM
Subject: Re: Fifth request, Re: Franklin, Public Record Request - BOE correspondance 2008
Michael Stinziano,
Director, Franklin County Board of Elections
Dear Michael,
As per ORC 149.43 I request all correspondence between Aaron Ockerman and any and all employees of the Franklin County Board of Elections for the time period from October 10, 2008 through November 10, 2008.
Please send this in electronic format.
If you view this request as overly broad, kindly advise me as to what would be a not overly broad request.
Sincerely,
Paddy Shaffer
Director, The Ohio Election Justice Campaign
(614) 266-5283
----- Original Message -----
From: Stinziano, Michael P.
To: Paddy Shaffer
Cc: Damschroder, Matthew M. ; Piccininni, Patrick J.
Sent: Thursday, December 18, 2008 12:46 AM
Subject: RE: Third request, Re: Franklin, Public Record Request - BOE correspondance 2008
Paddy,
I have been cc'ed on all correspondence regarding the public record requests you have made. I do agree with Matt that each of your requests are overly broad and not within the scope of R.C. 149.43 nor the precedence established in State ex rel Glasgow v. Jones. Your request is not specific as to what correspondence you seek, or from whom. As you may be aware, “it is the responsibility of the person who wishes to inspect/and or copy records to identify with reasonable clarity, the records at issue.” State ex rel. Morgan v. NewLexington.
We are more than happy to accomodate and fulfill all proper public records request, however as drafted, we are not able to fulfill your current or previous requests because each lacks sufficient specifity and particularity of the records you seek. Again, as drafted, each request is overly broad.
Per your other request, at this time, our next Board meeting is scheduled for January 5th at 3 p.m.
Michael
________________________________________
From: Paddy Shaffer [mailto:paddy@columbus.rr.com]
Sent: Wed 12/17/2008 10:15 PM
To: Stinziano, Michael P.
Cc: Marian Lupo; Dan Stanton; Tim Kettler; Bev Harris
Subject: Re: Third request, Re: Franklin, Public Record Request - BOE correspondance 2008
Michael Stinzino
Director, Franklin County Board of Elections
December 17, 2008
Dear Michael,
I have made several public record requests this week. I have trimmed it down several times. Matt Damschroder has repeatedly refused the entire request for "public records" claiming these requests to be overly broad. The trail of emails are below, and you have also received them all along. As the "Director", I hope you will take this occasion to lead, and open up access to the records that belong to the people of Franklin County, and the people of the State of Ohio.
This last request sent on Tuesday, December 16, 2008 at 8:35 a.m. is not an overly broad request. It is quite specific. I would prefer that you fill it as it is written below. If that is too much for you to handle in one request, start with just this.
As per ORC 149.43 I request all correspondence between the Franklin County Board of Elections and Aaron Ockerman from September 25, 2008 through December 15, 2008. Please send it in electronic format.
After this is processed, I will return to the other items I have requested, or we can just process this all at one time. As the Director of the Franklin County Board of Elections, I hope you can quickly assist me with resolving this.
Please give me the date and time of your next board meeting.
Sincerely,
Paddy Shaffer
----- Original Message -----
From: Damschroder, Matthew M.
To: Paddy Shaffer
Cc: Piccininni, Patrick J. ; Stinziano, Michael P.
Sent: Wednesday, December 17, 2008 9:19 AM
Subject: RE: Third request, Re: Franklin, Public Record Request - BOE correspondance 2008
Ms. Shaffer:
The Franklin County Board of Elections is unable to fulfill your request for public records due to the fact that the request is overly broad.
Matt Damschroder
Deputy Director
________________________________________
From: Paddy Shaffer [mailto:paddy@columbus.rr.com]
Sent: Tuesday, December 16, 2008 8:35 AM
To: Damschroder, Matthew M.; Stinziano, Michael P.
Cc: Marian Lupo; Dan Stanton; Tim Kettler; Linda Ligman
Subject: Third request, Re: Franklin, Public Record Request - BOE correspondance 2008
December 16, 2008
Dear Matt and Michael,
As per ORC 149.43 I request all correspondence between the Franklin County Board of Elections and Aaron Ockerman from September 25, 2008 through December 15, 2008.
As per ORC 149.43 I request all correspondence between Ashland, Allen, and Franklin County Boards of Elections from December 1, 2008 through December 15, 2008. This is to include all and any correspondence from all and any staff of those Boards of Elections.
This simplified request should be much easier for you to process. Please send it in electronic format. Thank you for your assistance.
Sincerely,
Paddy Shaffer
CC: Marian Lupo, OEJC
Dan Stanton, OEJC
Tim Kettler, OEJC
Linda Ligman, OEJC
----- Original Message -----
From: Damschroder, Matthew M.
To: Paddy Shaffer
Cc: Stinziano, Michael P. ; Piccininni, Patrick J.
Sent: Tuesday, December 16, 2008 7:03 AM
Subject: RE: Franklin, Public Record Request - BOE correspondance 2008
Ms. Shaffer:
The Franklin County Board of Elections is unable to fulfill your request for public records due to the fact that the request is overly broad.
Matt Damschroder
Deputy Director
________________________________________
From: Paddy Shaffer [mailto:paddy@columbus.rr.com]
Sent: Mon 12/15/2008 9:10 PM
To: Damschroder, Matthew M.; Stinziano, Michael P.
Cc: Dan Stanton; Marian Lupo; Tim Kettler
Subject: Re: Franklin, Public Record Request - BOE correspondance 2008
Dear Matt and Michael,
As per ORC 149.43 I request all correspondence between the Franklin County Board of Elections and Aaron Ockerman from September 25, 2008 through December 15, 2008.
As per ORC 149.43 I request all correspondence between Ashland, Lorain, Allen, Montgomery and Franklin County Boards of Elections from September 25, 2008 through December 15, 2008. This is to include all and any correspondence from all and any staff of those Boards of Elections.
Thank you very much for your assistance. Please send it in electronic format.
Sincerely,
Paddy Shaffer
(614) 266-5283
CC: Dan Stanton, OEJC
Marian Lupo, OEJC
Tim Kettler, OEJC
----- Original Message -----
From: Damschroder, Matthew M.
To: Paddy Shaffer
Cc: Stinziano, Michael P. ; Piccininni, Patrick J.
Sent: Monday, December 15, 2008 4:39 PM
Subject: RE: Franklin, Public Record Request - BOE correspondance 2008
Ms. Shaffer:
The Franklin County Board of Elections is unable to fulfill your request for public records due to the fact that the request is overly broad.
Matt Damschroder
Deputy Director
________________________________________
From: Paddy Shaffer [mailto:paddy@columbus.rr.com]
Sent: Monday, December 15, 2008 12:41 PM
To: Stinziano, Michael P.; Damschroder, Matthew M.
Subject: Franklin, Public Record Request - BOE correspondance 2008
Dear Michael and Matt,
As per ORC 149.43 I request all correspondence between the Franklin County Board of Elections, Aaron Ockerman, any and all other Ohio Board of Elections offices (and their staff) from September 25, 2008 through December 15, 2008.
Please send this in electronic format.
Thank you for your assistance.
Sincerely,
Paddy Shaffer
Director, The Ohio Election Justice Campaign
paddy@columbus.rr.com
(614) 266-5283
Bev Harris Responds In Kind
Dec. 30, 2008
Matt Damschroeder
Michael Stinziano
Franklin County Elections
280 E. Broad St., 1st floor
Columbus, OH 43215-4572
RIGHT TO KNOW - PUBLIC RECORDS REQUEST #123008-Ock
Gentlemen,
Pursuant to the state open records law, Ohio Rev. Code Ann. sec. 149.43 to
149.44, I write to request a copy of the following records. Please respond to
each item, separately, in writing.
Item 1: All correspondence between the Franklin County Elections office and
Aaron Ockerman from September 25, 2008 through December 30, 2008.
Item 2: All RC-3 Certificate of Records Disposal forms and RC-1 Applications
for One-Time Records Disposal which pertain to correspondence between Franklin
County Elections and Aaron Ockerman from Sept. 25, 2008 through December 30,
2008. Per Ohio law, I assume you are aware that no record will be knowingly
disposed of which pertains to any pending request, case, or claim action.
Item 3: If any correspondence between Franklin County Elections and Aaron
Ockerman sent or received between Sept. 25, 2008 and December 30, 2008 has been
destroyed or disposed of without filing RC-3 or RC-1 forms, please advise of
this in writing.
Please provide each item in electronic form if possible. If your agency does not
maintain these public records, please let me know who does and include the
proper custodian's name and address.
I agree to pay any reasonable copying and postage fees of not more than $45 for
this information. If the cost would be greater than this amount, please notify
me. Please provide a receipt indicating the charges for each document.
I would request your response within ten (10) business days. Please be advised
that violation of the open records law can result in the award of court costs
and attorney fees. Such fee awards against county governments for violations of
open records law by elections personnel have exceeded $250,000 in each of two
other election-related public records cases recently.
Because of your obstructions of a similar request from the Ohio Election Justice
Campaign, and the potential cost to Franklin County for such wrongful denials,
Black Box Voting has copied this correspondence to the Franklin County Attorney
and to the Franklin County Board of Commissioners. If you deny this request as
"overly broad" Black Box Voting will seek an attorney to litigate against
Franklin County, and will seek to recover any and all related expenses from
Franklin County.
I regret that the tone of this simple request is adversarial. This is a simple
request, for communications between your office and a specific individual,
during a specific time period, along with a request for any information
pertaining to destruction of these records. It is difficult to see why
communications with Aaron Ockerman have been withheld from the public in other
requests.
Let's resolve this now by full compliance with this request.
If you choose to deny this request, please provide a written explanation for the
denial including a reference to the specific statutory exemption(s) upon which
you rely. Also, please provide all segregable portions of otherwise exempt
material.
Thank you,
Bev Harris - Black Box Voting
330 SW 43rd St Suite K, PMB 547
Renton WA 98057
206-335-7747 - records@blackboxvoting.org - fax: 866-287-2934
Cc:
Franklin County Prosecuting Attorney
373 South High St, 14th Floor
Columbus OH 43215
Franklin County Board of Commissioners
373 S. High Street 26th Floor
Columbus, Ohio 43215-6314
Copy of this request sent by e-mail, fax and US mail.
Democracy Deadlocked, A Film By Melissa Cornick
Compare the Funky Numbers in Ohio – Provisional Ballots in 2008
By Paddy Shaffer, The Ohio Election Justice Campaign
October 28, 2008
Data from the Boards of Elections
Franklin County – (City of Columbus) as of October 25, 2008
Provisional Ballots - Through October 25, we have 1,258 provisional
ballots cast out of a total of 30,659 (regular and provisional combined).
Lucas County – (City of Toledo) as of October 27, 2008
Absentee ballots cast 56,152 (including all off sites, military, overseas, etc.)
Provisional ballots cast 104
Voter Fraud Gets a Thumbs Up in Morgan County by Brunner
For Immediate Release:
By Paddy Shaffer
Director, The Ohio Election Justice Campaign
October 28, 2008
In one of the “rare documented cases of voter fraud” committed by Richard Welch, the Republican Morgan County Prosecutor, Ohio Secretary of State (SOS) Jennifer Brunner voted against the members of her own party, board members Mary Anna Wallace and Azcal Wilson, and for the Republican. The issue here is whether the attorney who is the Morgan County Prosecutor, who has lived outside of Morgan County for the past six years, can continue to vote in that county. Welch has lived south of Morgan County, down along the Ohio River in the town of Belpre. Welch is in the military, and has had not personally been physically in the prosecutors office much in the last six year. He has maintained the prosecutor title, and continued to have himself and his wife vote in Morgan County, he has continued to run for office, and hold office. All while actually having his wife and himself live in Washington County.
Welch did claim to spend one night, on September 1, 2008 in the house. He also at his September 2, 2008 hearing claimed that he was unable to live in the house because of the large amount of pigeon poop all over it. Welch Attorney Andrew N. Yosowitz of the law firm of Isaac, Brant, Ledman & Teetor, LLP assisted Welch providing pictures and a vivid description of the numerous white poop spots. Brunner wrote that Welch’s wife is splitting her time between the two homes, but the locals disagree.
The McConnellesville home in Morgan County has not even had running water in the past six years, and is zoned as an office, not a residence. Both Democratic Board Members of the Morgan County Board of Elections ruled in January 2008, and then again on September 29, 2008 that Welch is not a resident of their community.
Legal counsel for the Secretary of State in Morgan County is Brian Shinn. In her ruling issued today, http://electiondefensealliance.org/files/Welch_Morgan_County_102808.pdf
Brunner (or her staff) wrote “Because Welch's total period of absence from Morgan County excluding his active duty military service amounts to a temporary absence, because he testified he has maintained an intent to return to Morgan County, and because he has taken numerous actions that support his intent to return to Morgan County, I conclude that Mr. Welch is a qualified elector of Morgan County”.
Another former military man, and a member of Ohio law enforcement for the past 28 years has an opinion in this case also. That is Mike Tigner who filed the complaint against Welch. Tigner complained, “I can’t believe they can’t go by the plain meaning of the law, they keep covering up for people. If it was any other voter that lived outside the county, we wouldn’t be asking for the SOS opinion.”
He was very disappointed by Secretary Brunner’s ruling and how she only supported Welch, and never responded to the strong points he made. Tigner stated, “Welch was living in Washington County for the 30 days prior to leaving for service, that makes it his place of residence, according to the Uniformed Statute for Voter Registration. When leaving for service, residency is based on where a person lived, not where they might someday live.” Tigner wants to know, “What are they covering up? How many other elected officials are there who live outside of their counties or districts, for which Brunner wants to protect?” There is another item of interest in this case, Brunner wrote:
"The board of elections voted 3-1 to cancel Welch's voter registration at the end of the January 23, 2008 hearing.” It was canceled, then later reinstated, leading to the current ongoing issues.
On September 12, 2008 Mike Tigner asked for an investigation by the Ohio Attorney General and CC’d the Ohio Secretary of State on his written request. There has been no response to this letter. The letter is below in part:
Dear Attorney General Rogers,
I submit to you an urgent request to conduct a serious legal
investigation, enforcing the *Ohio Revised Code 109.95, Criminal
proceedings for election fraud.* The Morgan County Ohio Board of
Elections has allowed its Prosecuting Attorney, Richard Welch, to run
for office, fill that office, and vote in the county of Morgan when all
the time he has lived in the county of Washington. Because of this,
there is a conflict of interest for investigation when both the
prosecutor and the Board of Elections have violated Ohio law, and the
prosecutor serves as legal counsel for the Board of Elections.
Wanting justice and not power moves, Tigner said, “This is not a government of the people for the people, it is the corruption of the government by the government.” He is very concerned about attorneys covering up for one another, and said, “They will take care of themselves.” Tigner and others are also concerned with illegal actions by the board members.
Independent candidate for the office of the Ohio Attorney General Robert Owens in a discussion about other candidates that may also live outside of their district stated, “In this ruling Jennifer Brunner has once again shown her true colors as a stooge for the Democratic Party. On its face it may seem that she is trying to be “fair and balanced” in reality she is protecting bigger fish.”
Current candidate for the Ohio Senate, former 2006 candidate for Ohio Secretary of State, and 2004 Presidential Recount Organizer Tim Kettler stated, “If Secretary Brunner is refusing to enforce the laws, then Ohio elections are no more secure today then they were in 2004.” Kettler is a witness to the rigging of the 2004 recount in his home county of Coshocton.
The Brunner Decision
For the foregoing reasons, I vote with Board Chair J. Wilson and Board Member Pennock AGAINST the motion to reaffirm the finding that Welch is not a qualified elector of Morgan County. Accordingly, the motion fails. Because Welch has already submitted a valid application for an absentee ballot as an armed serviced voter pursuant to R.C. 3511.02 and Advisory 2008-29 and because the time for him to return his absentee ballot is short, the Morgan County Board of Elections is hereby instructed to issue Welch an absentee ballot immediately in accordance with Advisory 2008-29.
In 2006 when people of the Democratic Party voted in Jennifer Brunner as Secretary of State, one thing they counted on was for her as the tie-breaker vote, and for the people to be represented at the Ohio Boards of Elections. It sadly appears that today, she voted against them. The pigeon droppings are not the only things stinking in Ohio this day.
Request For Voting Documentation Records, Morgan County, OH
Miranda Mullen
Director, Morgan County Board of Elections
Nancy Robinson
Deputy Director, Morgan County Board of Elections
morgan@sos.state.oh.us
Re: Public Record Request
October 28, 2008
Dear Nancy and Miranda,
I phoned in part of this record request today to an answering machine, but thought I should also just put it in writing. I added to that phone request too.
As per ORC 149.43 I request copies of the current voter registration cards for four people.
Current Prosecutor Richard Welch and his wife, Mrs. Welch
Current Acting Prosecutor Amy Graham
Former Prosecutor Mr. Howdyshell
If the cards do not have dates they were filed, please give me dates too.
I also request the minutes of the meeting for your resent Board Meeting. This would be the meeting that Nancy referred to on the phone today, where she said the issue of Mrs. Welch voting in Morgan County for the 2008 General Election was discussed, and tabled until the Secretary of State rules on the situation of the residency of Prosecutor Richard Welch.
Thank you for your assistance,
Paddy Shaffer
Director, The Ohio Election Justice Campaign
Co-Manager, 2008 Independent Election Observer Project
paddy@columbus.rr.com
(614) 266-5283
CC: Mike Tigner
Marlys Barbee, OEJC
Marian Lupo, OEJC
Bev Harris, Blackbox Voting
Brian Gadd, Times Recorder
Brian Shinn, Elections Counsel, Ohio Secretary of State
Letter to Brian Shinn, (Ass't Council, Elections, Ohio SOS) Morgan County, OH Prosecutor Residency
Brian Shinn
Assistant General Counsel/Elections Counsel
Ohio Secretary of State
180 East Broad Street, 15th Floor
Columbus, Ohio 43215-3726
(614) 466-2585
bshinn@sos.state.oh.us
Re: Morgan County Prosecutor Richard Welch... resident or voter fraud?
October 28, 2008
Dear Brian Shinn,
I spoke to Deputy Director Nancy Robinson in Morgan County this afternoon. She told me yesterday that she expected to hear from you today to resolve the Prosecutor Richard Welch tie-breaker on, voter fraud, resident of county or not... situation. Today she says she has not yet heard from you. I realize you are starting with the issue of residency, but it is so obvious to the great number of people I have spoken with that this is real voter fraud. That is important to point out when the press is full of stories of voter fraud that don't end up being voter fraud. This seems like the real deal to many citizens of Ohio.
What is the hold up? Seems like a yes or no question to me. Is a man that has lived in the city of Belpre in Washington County down by the Ohio River for 6 years able to claim to be a resident of Morgan County, vote there, run for office there, and hold office there? Yes or no? Is it OK to be the person in charge of enforcing the county laws, and do this?
I hope to have your answer today. If not, please tell me what the hold up is. I would also like to know the names of all those involved in making this decision. Just you, Secretary Brunner, or a team of people. Has the whole transcript of the September 2, 2008 hearing been read? I was there for the hearing. Did you read the part where pigeon poop (white spots shown in photos at the hearing) all over the house is one of the things that stopped Welch from living there? Hmmm.... Has any of the transcript been read by SOS staff? How much and by whom?
I look forward to having this Welch residency issue resolved soon. I want to mention that it has been brought to my attention that in February 2008, Welch had this residency issue addressed by the board members of the BOE. They ruled he was not a resident, yet here we go again. As the request into a legal investigation into the matter of Richard Welch has been made, I would like to know the status of that too. This is regarding voting, running for office, and holding office.
What about his wife? Will she be allowed to vote in Morgan County this fall? According to Deputy Director Nancy in a phone call at 2:40 p.m. today, Welch's wife is still registered in Morgan County. She said at the last Board meeting it was discussed. They have tabled what to do with it until your office makes a decision. I have requested to know if she has asked for an absentee ballot. Nancy did not know, but will find out. She said Welch has requested an absentee ballot in Morgan County.
So it sounds like your decision is twice as important. What if everyone votes where they intend to live? I guess I would get to vote at the beach, someplace with some nice palm trees. I intend to live there again. Yet please note, for real life and legal matters, I'll just be voting in Franklin County this year, where I actually reside.
Sincerely,
Paddy Shaffer
Director, The Ohio Election Justice Campaign
paddy@columbus.rr.com
(614) 266-5283
Coshocton County Suspect Write-In Ballots Photo
State to investigate local voter fraud, Write-in votes in '04 under scrutiny
From Gannett News, Coshocton Tribune
By BRIAN GADD Staff Writer October 23, 2008
Original Article:
http://www.coshoctontribune.com/apps/pbcs.dll/article?AID=/20081023/NEWS01/810230305
COSHOCTON - The state intends to investigate whether hundreds of write-in votes for a Coshocton County sheriff's candidate were fraudulently included in the 2004 election.
The independent Ohio Election Justice Campaign is alleging that hundreds or even thousands of write-in votes for former sheriff David Corbett, who ran unsuccessfully against Tim Rogers, were provided by an individual or several individuals and that the write-ins were scattered throughout each of the county's 43 precincts. The OEJC has been a part of a lawsuit over the 2004 presidential election recount.
Paddy Shaffer, director of the OEJC, received correspondence Tuesday from Brian Green, elections counsel for Secretary of State Jennifer Brunner, "that a legal investigation is to take place on election fraud with the 2004 General Election ballots, on the issue of the write-in candidate ballots for David Corbett."
"It gives me hope that justice might one day arrive in Ohio," Shaffer said. "I am certainly happy that something is finally being done."
The investigation will be handled by the Attorney General's special prosecutions section and the Bureau of Criminal Identification and Investigation, Shaffer said.
Green did not return a call seeking comment and messages were also left for communications staff at the Secretary of State and Attorney General's offices.
Shaffer had previously contacted both Coshocton County Sheriff Tim Rogers and Prosecutor Bob Batchelor about her group's suspicions and asked them to investigate.
Rogers referred the issue to Batchelor.
Batchelor said he didn't feel it was proper that his office conduct an investigation into the issue and was not aware of when the state investigation would begin.
He said he sent information which was supplied to his office by the OEJC to the Ohio Attorney General's Office to take appropriate action.
He added that information he received from the AG indicates 30 ballots were sampled and the handwriting appeared to be from 30 different people, which would discount the allegations being made.
But Shaffer, who along with other OEJC members has spent countless hours looking over ballots in the custody of the Secretary of State's Office in Columbus, said that she and her compatriots saw proof of voter fraud on "thousands" of the 6,864 write-in votes for Corbett, who lost by about 2,500 votes to Rogers.
"Within 10 ballots I was distracted by the write-in votes for sheriff ... which appeared to be written in the same handwriting," Shaffer stated, in a letter requesting action by Batchelor earlier this month.
Shaffer also said it appeared that many of the write-in votes were done on the top of a corrugated box, as the texture of the box is a part of the signature. She also said many of the votes were written in blue or black pencil, rather than a No. 2 pencil. Ballots in all 43 precincts appear to have a "sprinkling" of suspect votes, Shaffer said.
"As all 43 precincts were affected in 2004, this would have to have been done by someone with lots of access to the ballots," Shaffer explained. "For multiple people to have handled these ballots, and nothing to have been said, I question some sort of group involvement.
"...A crime has been committed against both Sheriff Timothy Rogers and the voters. All involved, whether one or multiple people, need to be held accountable and punished."
Request to Brian Green concerning Voter Fraud in Coshocton County Sheriff race
Brian Green
Elections Council, Ohio Secretary of State
180 East Broad Street, 15th Floor
Columbus, Ohio 43215
(614) 995-4541
October 14, 2008
Re: Voter Fraud in Coshocton County Sheriff race, and public record request
Sent: via email and US Post
Dear Brian Green
I write today to find out the status of your investigation into the Coshocton County vote fraud that happened in the 2004 sheriff race where Timothy Rogers was the candidate with his name printed on the ballot, and there were reported to be 6,864 write-in votes for David Corbett, who had formally been the sheriff in the year 2000. The vast majority of those appear to be election fraud, with a very small sprinkling of actual votes mixed throughout the ballots. During tabulation, each one of these ballots had to be examined and the name of the write-in candidate read from it. This happened at the election, at the recount, and I understand, ballots were recounted between the election and the recount. Yet not one election official there spotted what I spotted within looking at my first 10 ballots, very easy to see voter fraud. The same handwriting shows up repeatedly in thousands of write-in votes for candidate David Corbett. Actually I would guess it is the handwriting of a couple people, and a serious real legal investigation is needed. Timothy Rogers won the race, but this crime was committed directly against this incumbent sheriff for the benefit of a former sheriff, yet mysteriously current Sheriff Rogers doesn’t seem to care. I’ve contacted him.
I showed you some of those ballots on September 16, 2008 in the presence of two people assisting my ongoing research that day, Marlys Barbee and Mike Tigner. They were easily able to see the repeated handwriting in ballot after ballot, and in precinct after precinct. Mike Tigner has been a part of Ohio law enforcement for 28 years. We all saw it.
My understanding after showing you some of the ballots from the effected 43 precincts was that you would be doing something about this. I expressed my concern at that time that the same people that ran that election are to be running the election again this year. My research shows that 100% of the precincts in Coshocton County were involved.
So I request to know what has been done? Has an investigation begun in the 29 days that have passed since I showed you these ballots? Is there any oversight for the election officials in Coshocton County while they are currently hosting another election?
As per ORC 149.43 I request all paperwork that you have generated since September 16, 2008 on this subject of the 2004 Coshocton ballots via email, written correspondence, notes, etc. to anyone, including SOS staff, Secretary Brunner, and the Attorney General and the staff there.
I also request to know the names of all those that you have told about this voter fraud issue, including and most importantly, does Secretary Brunner know?
I will be sending to you a few of the hundreds of photographs I took of these ballots. I will send these via email.
Since you actually have in the possession of the Secretary of State, the actual ballots that are the physical evidence in this crime, I hope that you will make quick use of them, and start the investigation (if it is not already under way) immediately. If there is to be no investigation coming from you, please do tell me why this matter will not move through legal channels. I have written to the Coshocton County Prosecutor today about this also, and will CC you on his letter. I let you know of his letter so investigative efforts are not duplicated, and our resources are used as responsibly as possible, just as we the people want our elections run as responsibly as possible.
Sincerely Concerned,
Paddy Shaffer
Director, The Ohio Election Justice Campaign
paddy@columbus.rr.com
(614) 266-5283
CC: Jennifer Brunner, Ohio Secretary of State
Nancy Rogers, Ohio Attorney General
Tim Kettler, OEJC, State Senate Candidate, Coshocton County Resident
Brian Gadd, Zanesville Times Recorder
Bev Harris, Blackbox Voting
Marian Lupo, OEJC
Marlys Barbee, OEJC
Mike Tigner
Josh Jarman, Dispatch
Sheri Myers, OEJC
Victoria Parks, OEJC
Peter Jones, OEJC
Write-in candidate, Coshocton County, Ohio, has mulitple signatures on multiple ballots from the same person?
The enclosed photo has three 2004 General Election ballots, all from Jackson Twp. North precinct in Coshocton County. All ballots have the write-in votes for David Corbett for which I am requesting a legal investigation.
Request for immediate criminal investigation into election fraud in federal election
Bob Batchelor
Coshocton County Prosecutor
318 Chestnut Street
Coshocton, Ohio 43812
(740) 622-3566
bobbatchelor@coshoctoncounty.net
October 14, 2008,
Re: Request for immediate criminal investigation into election fraud in federal election.
Sent: via email and US Post
Dear Bob Batchelor,
This is a request for an investigation into election fraud that happened in Coshocton County. The actual ballots that are the evidence for this crime represent all 43 precincts in which the citizens of Coshocton County voted in the General Election in 2004, a federal election. Those ballots are now in the city of Columbus, in the protective custody of the Ohio Secretary of State (SOS) Jennifer Brunner as part of a Federal Court Case, King Lincoln Et. Al. v Brunner, Case No. C2 06 745.
I understand that you have the duty of representing and advising the Coshocton County Board of Elections. I want to now raise the issue that your county may need to bring in another prosecutor, as there may be a conflict of interest for you to investigate the same Board of Elections of which you represent and advise. Please advise me as to how you will proceed in this case.
The Coshocton County Board of Elections is currently conducting yet another federal election, for which early voting is underway and the final day of voting is November 4, 2008. The counting and tabulation can continue for ten or more days after the election. The subject I bring up is quite serious, as is my concern as to those conducting the current election. Please advise me as to your plan of action to make sure that your county is to be immediately protected from election fraud this year, which has come through the literal hands of your election officials in 2004. As all 43 precincts were affected in 2004, this would have to have been done by someone with lots of access to the ballots. For multiple people to have looked at and handled these ballots, and nothing to have been said, I question some sort of group involvement. So what is happening this year, and what will the integrity of Coshocton County's election be? The voters there spend a lot of money to have their elections run in a manner in which they expect to know the actual vote count. A crime has been committed against both Sheriff Timothy Rogers and the voters. All involved, whether one or multiple people, need to be held accountable, and punished.
What my research has documented:
I have spent several months researching the 2004 election records that the SOS has in protective storage. When I looked at the presidential race in Coshocton County, within 10 ballots I was distracted by the write-in votes for sheriff candidate David Corbett which appeared to be written in the same handwriting. I would actually guess it is the handwriting of several people. I have since then contacted Sheriff Tim Rogers who was the winning candidate in that race, with his name printed on the ballot. It is my understanding that David Corbett is a former Coshocton County Sheriff, and was a write-in candidate in 2004 because of his late filing to be on the ballot. Thus his name was not printed, but an open line was provided for him, and an oval to be filled in by a voter wanting to cast a vote for him. The majority of the ballots appear to be in the handwriting of just a few people, and there is a sprinkling of ballots that appear throughout the precincts that seem to be real votes. I have taken well over 600 photos of these ballots for my research. I have shown these ballots to other researchers, and to SOS election council Brian Green.
When I called up the Coshocton County Board of Elections and spoke to Kathy Hendricks on August 15, 2008 to ask questions about that election, here are some of the things I learned from Kathy.
1. There were 6,864 write-in votes for David Corbett, and he lost the election.
2. Incumbent Sheriff Timothy Rogers received 9,313 votes and won the election.
3. Four people did the tabulation of the votes on November 2, 2004. That would be Don Andrews, Kathy Hendricks, Martha Babcock, and (probably) Mary Fritz (Kathy Hendricks wasn’t sure if Mary had assisted).
4. Kathy said, “We never ever, ever, had a write-in candidate get that many votes.”
5. They finished counting the ballots at 4:00 a.m.
6. The tabulator was set up so that every time it would read the colored in oval that indicates a write-in ballot, the machine would stop. The election officials doing the tabulation would then visually look at the ballot and read off the name of the write-in vote.
There was also the 2004 recount of the presidential election. Again the ballots were handled and inspected. How is it possible that no seasoned election official spotted what I spotted within 10 ballots? Who did this? Many ballots throughout many precincts appear to have had the write in vote done on top of a corrugated box, as the texture of the box is part of the signature. There are also votes throughout many precincts written in a blue/black pencil, rather than a regular # 2 pencil. As an artist, I spot these things.
I did a little experiment, on two lined pieces of paper, I wrote out David Corbett as fast as I could, 100 times. When I started I could do this nine times per minute, by the time I finished I could only write it 7 times per minute and my hand and arm were cramping up. It took 12 minutes to write “David Corbett” 100 times. To do this on the actual ballots a person would have to get into the packages of all 43 precincts. The person would have to color in the oval, they would have to keep switching pieces of paper for each ballot, and they would have to locate the place to vote (low in the middle column). This would take a large amount of time, and could only be done by someone with fairly unlimited access to the ballots.
Yet another thing that would have taken a large amount of time and effort by election officials is that the ballots have been sorted. Not only sorted by presidential candidates, but also by ballots that were both Bush and Corbett supporters, and those that were both Kerry and Corbett supporters. To do this sorting in all 43 precincts would have taken a large amount of work and time. Who did this sorting, when, and why did they sort them? How could they not notice the repeated same handwriting? What does their handwriting look like?
Sheriff Timothy Rogers was first informed by phone on August 8, 2008, when I had only looked at 4 precincts, and found the election fraud in 100% of the four precincts. He was later updated as the research continued in phone messages I left for him. Sheriff Rogers said that he would inform the prosecutor when we spoke. This crime was committed directly against Sheriff Rogers, yet I find it strange that he will not return phone calls on this subject. The final message so far I left for Sheriff Rogers was on Monday, October 13, 2008 in regards to the fact that the election fraud is in all 43 precincts, and I wanted to know what he was going to do about it. I left this message both on voice mail and with Deputy Euton to be a handwritten message.
Brian Green, Elections Council for the Ohio Secretary of State was shown many of these ballots on September 16, 2008 in the presence of Marlys Barbee and Mike Tigner. The request for an investigation was made that day with Mr. Green. Although I have repeatedly requested the status of such an investigation, I have not had a response with that information. I have CC’d Brian Green and others that I feel need to know about this, including Secretary of State Jennifer Brunner, and Ohio Attorney General Nancy Rogers.
I am a volunteer citizen investigator, and an artist, not a paid legal investigator. I have taught calligraphy classes. In know a bit about handwriting, and what I see in the repeated same handwriting is easy to spot on these ballots. There appears to be a large election fraud crime on federal election ballots here, with likely about 6,800 illegal votes. I ask for a serious legal investigation into this matter by an entity that will not have a conflict of interest, and to be informed that such an investigation is under way. If you and/or other legal investigators are ready to take a look at these ballots, I would be happy to make the arrangements to get access to these ballots arranged for you or such persons, and show you what I have found. Preferably several days lead time is needed to make those arrangements with the Secretary of State’s office, as these records are in a secure environment, and a there is always a person in attendance overseeing my research and the safety of the ballots that still exist. Many of the legally protected 2004 ballots were destroyed by county election officials across the state.
Prosecutor Batchelor, I look forward to hearing from you as to how and when an investigation can proceed on this issue of election fraud, and that immediate protections can be extended to guard the election currently underway.
Respectfully Submitted,
Paddy Shaffer
Director, The Ohio Election Justice Campaign
paddy@columbus.rr.com
(614) 266-5283
CC: Nancy Rogers, Ohio Attorney General
Jennifer Brunner, Ohio Secretary of State
Brian Green, Elections Council, SOS
Tim Kettler, OEJC, State Senate Candidate, Coshocton County Resident
Brian Gadd, Zanesville Times Recorder
Bev Harris, Blackbox Voting
Marian Lupo, OEJC
Marlys Barbee, OEJC
Mike Tigner, OEJC
Victoria Parks, OEJC
Josh Jarman, Dispatch
SOS - FOIA - Unfilled FOIA on 2004 Inventory & New FOIA on Electronic Poll-Signature
Brian Green
Elections Council, Ohio Secretary of State
Re: One New and Prior Unfilled Public Record Requests
September 28, 2008
Dear Brian Green,
I still await the document I have requested multiple times from you, beginning in July of 2008 for the inventory of records that I asked to see from the SOS storage site for the November 2, 2004 records. This is to inventory the records you found, and which records you did not find as per my past requests. For example, you personally searched for the Franklin County unvoted ballots, and told me you couldn’t find them. Many of the records requested were unvoted 2004 ballots that some counties claim the SOS has custody of. I again request that the document be signed by a staff member of the Ohio Secretary of State. Please respond.
This is a request for Public Records as per ORC 149.43.
I request the documents that the Ohio Secretary of State has regarding which of Ohio's 88 counties will be using electronic poll books and signature books for the November 4, 2008 election. What I seek is a list of the names of the counties that will be using the electronic poll books and signature books.
This would include but not be limited to use of the Premier Elections Solutions'
Express Poll 4000 with Card Writer Function 1.1.5 (certified on February 16, 2006)
Express Poll 2000 Electronic Poll Book with Card Writer Function 1.15 (certified on February 16, 2006)
Express Poll 5000 Electronic Poll Book with EZ Roster, Version 2029 and Card Writer Function, Version 1.0 which consists of Poll Card Writer, Version 1.1.4.0, and PCMcard.dll (certified on November 21, 2006)
Thank you for your assistance.
Paddy Shaffer
Director, The Ohio Election Justice Campaign
2408 Sonnington Drive
Dublin, Ohio 43016
paddy@columbus.rr.com
(614) 266-5283
CC: Tim Kettler, OEJC
Marlys Barbee, OEJC
Victoria Parks, OEJC
Bev Harris, Blackbox Voting
Prosecutor Violates Ohio Election Laws in Morgan County, Ohio. - Violations by Election Officials, Prosecutor, & The Pattern of Legal Cover-Ups for Decades By Morgan County Prosecutor’s and Sheriff’s.
Press Advisory: For Immediate Release
September 2, 2008
Contact: Paddy Shaffer, Director, The Ohio Election Justice Campaign
paddy@columbus.rr.com (614) 266-5283
On Tuesday September 2, 2008 at 2:00 p.m. the Morgan County Board of Elections will hold a hearing at the Morgan County Courthouse at 19 East Main Street, McConnelsville, Ohio 43756-1172. This hearing will be the second hearing for an issue the Morgan County Board of Elections (BOE) already ruled on in January of 2008. Mike Tigner is requesting that this hearing be cancelled, and that the BOE cannot change their earlier decision to deny Prosecutor Richard Welch the ability to cast a vote in Morgan County for the 2008 Primary Election, as Welch resides in a different county, Washington County. Welch is a Colonel in the US Army and has been away from the county for parts of the last several years. The same BOE officials later accepted the vote cast by Welch. The issues are far larger than just this vote…
Who is Mike Tigner: US Army Veteran, Ohio law enforcement officer since 1980. Deputy Sheriff Morgan County for 12 years, Athens County Special Deputy in 1992, Village Marshall for Amesville 1993 – 2008, and is currently a Special Deputy in Athens County.
Mike Tigner attempted to run for Sheriff in Morgan County in 2004, and was blocked by the office of the prosecutor and the BOE saying he was not qualified, when he was. The man they allowed to run for Sheriff, was not qualified, yet was allowed to run for Sheriff, and is the current Sheriff.
What Mike Tigner wants:
1. A serious legal investigation from the office of the Ohio Attorney General Nancy Rogers. Enforcement of the Ohio Revised Code 109.95 Criminal proceedings for election fraud, which states in part: “If the prosecuting attorney does not prosecute the violations within a reasonable time or requests the attorney general to do so, the attorney general may proceed with the prosecution of the violations with all of the rights, privileges, and powers conferred by law on a prosecuting attorney, including, but not limited to, the power to appear before a grand jury and to interrogate witnesses before a grand jury.”
2. There is an apparent conflict of interest for investigation when the both the prosecutor and the BOE have violated Ohio law, and when the prosecutor is legal counsel for the BOE. Accountability for Morgan County Prosecutor Richard Welch is needed. Laws that will need looked into for possible violations include but are not limited to:
ORC - 3500.11(A) False voter registration – registration forms.
ORC – 3599.12 (A) Illegal voting.
ORC – 3599.12 (A)(B) Signing of petitions.
ORC – 3599.14 (A)(1) Prohibited acts concerning declarations or petitions.
Ohio Revised Code 109.95 Criminal proceedings for election fraud.
3. Accountability for the issues raised by Mike Tigner for Morgan County BOE Director Miranda Mullens and Deputy Director Nancy Robinson and the other board members involved would need to address:
3599.16 Misconduct of member, director, or employee of board of elections - dismissal.
Will Election Fraud Cover-Up Continue, or shall SOS Brunner end it now?
The Ohio Secretary of State, Jennifer Brunner should consider investigation and look at immediately replacing Morgan County election officials as per:
Ohio Revised Code 35.01.16 Secretary of state may remove or suspend from office: which reads in part, “The secretary of state may summarily remove or suspend any member of a board of elections, or the director, deputy director, or any other employee of the board, for neglect of duty, malfeasance, misfeasance, or nonfeasance in office, for any willful violation of Title XXXV of the Revised Code…” Under ORC 3501.05 Election duties of secretary of state: (N)(1) Except as otherwise provided in division (N)(2) of this section, investigate the administration of election laws, frauds, and irregularities in elections in any county, and report violations of election laws to the attorney general or prosecuting attorney, or both, for prosecution:
Accountability for the Morgan County BOE Director Miranda Mullens and Deputy Director Nancy Robinson for allowing Prosecutor Richard Welch to vote in the 2008 Primary Election after they held a BOE hearing and it was decided that since he lived out of county, that he could not vote in Morgan County, but would need to vote in the county of his residence, Washington County. Mary Funk was the Deputy Director, with Robinson as the Director in 2004, and her role in this multi year case should also be investigated. The BOE blocking of a valid candidate to replace him with a non-valid candidate came at the suggestion of an Assistant Prosecutor, then working under Prosecutor Welch needs looked at. That Assistant Prosecutor, Mark J. Howdyshell is now a candidate for Prosecutor of Morgan County.
Of particular interest to The Ohio Election Justice Campaign (OEJC) are violations of Ohio’s election laws as we follow this story closely. Not only in the case of Tigner and Welch, but with record retention also. Morgan County resident Marlys Barbee is one of eight pro se litigants seeking to intervene in one of the major pending election cases in Federal Court in this nation. This is the King Lincoln v Blackwell case. The group of pro se litigants have filed a motion to intervene and a motion for criminal contempt for against the counties that destroyed Ohio’s 2004 ballots, which were protected by a court order from Judge Algenon Marbley. They have asked for a special grand jury, and a report that will be made public on the needed investigation. Morgan County is one of the counties in violation of the federal courts order. This story was entered in our court filings of July and August 2008. We await the courts opinion on our motion to intervene.
Morgan County is missing all of its 2004 unvoted punch card ballots, and did not follow the request of Ohio Secretary of State (SOS) Jennifer Brunner to submit those records to her custody and to write a letter with the reason why they defied the court order. All of the 2004 general election records that Morgan County turned over to the SOS fit in one box, which is in the midst of analysis and ongoing research by the OEJC. The law on protection of those records is:
ORC 3599.34 – Prohibitions concerning destruction of election records.
According to the court order, to not protect and provide these records, which are part of the above-mentioned legal case, is a fourth degree felony, and the election officials can be held in contempt of court. If Morgan County election officials did not retain the 2004 election records as required by the federal record retention schedule, and as required by a court order, how do we know they will retain the upcoming records for the November 2008 Presidential Election?
How will the voters of Morgan County know that their candidates are qualified for office, and that they actually are getting to choose from all those who were qualified as candidates? Will some good candidates have been refused a spot on the ballot? Do the voters of Morgan County choose their leaders, or are they given only the choices that others have allowed them to have?
The below listed allegations were all reported to the OEJC by Morgan County resident Mike Tigner to answer our questions about what else has been covered up by the Morgan County Prosecutor and Sheriff over the years. There appears to be a serious need for the offices of the Ohio Attorney General to do a thorough investigation into multiple decades of legal violations and cover-ups in Morgan County. Private property, usage of public buildings – even the county courthouse, the children, elections, the county cars and gasoline resources and more, are in danger from the very people paid to enforce the laws.
• 1989 - Attorney David White Jr. was investigated, by Morgan Co. Deputies, for contributing alcohol to minors. The deputies were told by McConnelsville police chief David White Sr. and Sheriff Jack Nelson to drop this investigation.
• 1992 - Investigation of Sheriff Jack Nelson turned over to State Auditors Office, led to a conviction of theft in office. Attn. White Jr. and Attn. Richard Welch spoke on behalf of the sheriff.
• 1993 - Attn. David White Jr. Investigated for sexual misconduct with minor boys. Poorly investigated, and covered up.
• 1993 -Capt. Tom Jenkins, McConnelsville police (now sheriff), investigated for stolen property.
• 2003 - Attn. White Jr. investigated for drug charges, Welch agreed not to prosecute White, and sealed the indictment.
• 2004 - Morgan County Board of Election was advised by prosecutors office, that Tom Jenkins Sr. could run for office again, after Jenkins received a letter from the Ohio Peace Officer Training Academy stating that Jenkins should "cease function as a peace officer, and lay aside his weapon, because Jenkins was 6 years behind in his training,” you have to have a valid training certificate good for 4 years prior to the qualification date, in order to run for sheriff.
• 2004 - Morgan County Prosecutors office advised the Board of Election that Mike Tigner was not qualified to run for Morgan County sheriff, after Mike displayed all the qualifications to the board.
• 2005 - Attn. White Jr. lost his law office, and was permitted to use the basement of the County Courthouse to continue his law practice. Attn. White Jr. later disbarred from his law practice, by complaint filed through Disciplinary Counsel, by a former client.
• 2006 - Investigation for misuse of the County Sheriff's car used by Jenkins Sr. was brought before Grand Jury, and mislead by County Prosecutor. There was no indictment. Sheriff Jenkins Sr. lied under oath at Grand Jury; Prosecutor Welch knew this, and has not taken action.
• 2006 –The Morgan County Board of Elections was advised that Kathy Smedly, President of Chesterhill Village Counsel, does not live in the village, which is a requirement to run for election for this position. The BOE did not investigate.
• 2006 – 2007 - Jeff Gillespie, is former Morgan county juvenile probation officer. Allegations were made that Gillespie was having sexual relations, with a minor in his care, resulting in pregnancy. Sheriff's office did a brief investigation of this matter, with no action taken against Gillespie. He later moved him to a position of jail warden in Nelsonville. When said girl turned 18, Gillespie left his wife, and moved in with this girl. Gillespie, now a warden over Southeastern Regional Jail in Nelsonville, Ohio, is charged with unauthorized use of a computer, after a female co-worker alleged he had shown her a sexually explicit video he had received in an e-mail from the Morgan County sheriff's office. Sheriff Jenkins sits on the board, and excerpts Gillespie's resignation, if this is a felony in Athens County, it should also be in Morgan County. Especially for the person who sent the e-mail from the Morgan County Sheriff's office. The Morgan County Prosecutor’s office and the Morgan County Sheriff were both aware of this porno being sent from the Sheriff’s office on a county computer. It was sent by a Morgan County Deputy. Nothing was done.
International Observers Ohio SOS Records Request
Brian Green
Elections Council, Ohio Secretary of State
180 East Broad Street
Columbus, Ohio 43215
August 27, 2008
Dear Brian Green,
I understand that in 2004 international election observers wanted to come to Ohio for the General Election. It is also my understanding that former Ohio Secretary of State (SOS), J. Kenneth Blackwell and/or his staff denied them access.
Do I understand this correctly?
As per ORC 149.43 I request any and all paper and electronic records from 2004 in regards to international election observers wanting access to Ohio’s elections. I additionally request any and all paper and electronic records from 2004 in regards to the replies and communication from J. Kenneth Blackwell and any and all staff members replying to the requests to have international election observers. Also, if you are able to locate the interoffice communications of the former SOS and any and all staff as they discussed and made decisions about the issue of international observers wanting access to Ohio’s general election in 2004.
To bring this matter to this current year of 2008 and our upcoming general election, I request any and all communication regarding having international election observers this year, for November 4, 2008. This is to include but not be limited to the international election observer’s requests and all correspondence in reply, including the interoffice communications discussing international election observers this year. I am assuming that a request has been made for such international election observers this year. If that has not taken place, or not taken place yet, please just tell me.
Please send this in electronic format if possible, if not, paper will be fine. These requests are severable if need be to speed up the reply process.
Thank you for your assistance,
Paddy Shaffer
Director, The Ohio Election Justice Campaign
paddy@columbus.rr.com
(614) 266-5283
CC: Victoria Parks, OEJC
Bev Harris, Blackbox Voting
Tim Kettler, OEJC, Candidate Ohio Senate
Dan Stanton, OEJC
Freedom Fighter - Paddy Shaffer Director of Ohio election justice campaign on voter fraud
Ohio Election Justice Campaign
Brian Green
Elections Council, Ohio Secretary of State
180 East Broad Street
Columbus, Ohio 43215
August 27, 2008
Dear Brian Green,
I understand that in 2004 international election observers wanted to come to Ohio for the General Election. It is also my understanding that former Ohio Secretary of State (SOS), J. Kenneth Blackwell and/or his staff denied them access.
Do I understand this correctly?
As per ORC 149.43 I request any and all paper and electronic records from 2004 in regards to international election observers wanting access to Ohio’s elections. I additionally request any and all paper and electronic records from 2004 in regards to the replies and communication from J. Kenneth Blackwell and any and all staff members replying to the requests to have international election observers. Also, if you are able to locate the interoffice communications of the former SOS and any and all staff as they discussed and made decisions about the issue of international observers wanting access to Ohio’s general election in 2004.
To bring this matter to this current year of 2008 and our upcoming general election, I request any and all communication regarding having international election observers this year, for November 4, 2008. This is to include but not be limited to the international election observer’s requests and all correspondence in reply, including the interoffice communications discussing international election observers this year. I am assuming that a request has been made for such international election observers this year. If that has not taken place, or not taken place yet, please just tell me.
Please send this in electronic format if possible, if not, paper will be fine. These requests are severable if need be to speed up the reply process.
Thank you for your assistance,
Paddy Shaffer
Director, The Ohio Election Justice Campaign
paddy@columbus.rr.com
(614) 266-5283
CC: Victoria Parks, OEJC
Bev Harris, Blackbox Voting
Tim Kettler, OEJC, Candidate Ohio Senate
Dan Stanton, OEJC
Vote Rescue Radio Interview with Paddy Shaffer, Aug. 1, 2008
Here is the link to the broadcast. You can right click and save or click and it should open your mp3 media player.
http://mp3.wtprn.com/VoteRescue/0808/20080801_Fri_VoteRescue2.mp3
Election Officials May Face Criminal Charges: OEJC Files in Federal Court
Columbus, Ohio, PRWEB, July 11 -- Eight members of the Ohio Election Justice Campaign filed papers on Thursday in United States District Court, Southern District of Ohio, asking Hon. Judge Algenon Marbley to begin criminal contempt proceedings for the destruction of ballots from the November 2004 election.
The Ohio Election Justice Campaign (OEJC) submitted over 1000 pages of supporting documents.
In the case before Judge Marbley, King Lincoln, et al. v. Brunner, et al., Civ. No. C2 06 745 (S.D. Ohio), the judge had issued specific orders directing Ohio's 88 county boards of election to preserve all ballots from the election until a decision was rendered in the case.
At least 56 county boards assert they have destroyed some ballots from 2004; seven counties assert they have destroyed all ballots.
This citizen-initiated action is pro se litigation in which the plaintiffs act as their own attorneys.
The papers in front of Judge Marbley also ask him to impanel a Special Grand Jury to investigate the destruction of ballots.
A Special Grand Jury, as a collection of citizens authorized to hear the evidence, is uniquely suited to sorting out the degrees of culpability associated with the destruction of the ballots. It is also authorized by statute to issue a public report, which can then be circulated to the employer of appointed public officials.
Paddy Shaffer, director, OEJC, said, "The time for accountability is now, prior to the November election of our next president. Many counties allegedly destroyed ballots before the election was even certified. Why would we trust these people with the upcoming elections?”
Mark Brown, a plaintiff in the suit and a candidate for public office in 2004, said, "Justice delayed is justice denied is injustice repeated."
The Ohio Election Justice Campaign was formed by concerned citizens, many of whom participated in the 2004 election as observers, election protection workers, poll workers, and election investigators as well as organizers and witnesses in Ohio's 2004 Presidential Vote Recount.
Plaintiff Tim Kettler, currently a Green Party candidate for Ohio Senate District 20, ran for Ohio Secretary of State in 2006. Kettler believes the only way to stop this type of criminal behavior and incompetence is through citizen action: "Whether we challenge these offenses in court or run for public office, we must replace those who would show such contempt for the law."
For this article on PRWEB, see http://news.yahoo.com/s/prweb/20080711/bs_prweb/prweb1092204;_ylt=AljYOBmObuR_og9MIv_gojs51sIF
Contacts:
Paddy Shaffer
paddy@columbus.rr.com
(614) 761-0621
Tim Kettler
tmkettler@aol.com
(740) 502-6453
For more information visit www.electiondefensealliance.org/OEJC
Attachments for above article see links below:
http://www.electiondefensealliance.org/files/Contempt%20Charges.pdf
http://www.electiondefensealliance.org/files/Motion%20To%20Intervene.pdf
http://www.electiondefensealliance.org/files/Delaware%20County-Genoa%20P...
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