Four lawyers behind a failed
challenge of Ohio's presidential election results defended themselves
Friday against the state attorney general's efforts to have them
sanctioned for filing a "meritless claim." In legal documents filed
with the Ohio Supreme Court, the lawyers said the challenge they filed
on behalf of 37 voters included enough evidence of voting
irregularities to back up their allegations of widespread fraud. The
filing by Cliff Arnebeck, Robert Fitrakis, Susan Truitt and Peter
Peckarsky was in response to Attorney General Jim Petro's Jan. 19
request to sanction them. If the court sanctions the lawyers, they
could be forced to repay attorney's fees and court costs. President
Bush beat Sen. John Kerry by about 118,000 votes in Ohio, which turned
out to be a pivotal state in the Nov. 2 election. The lawyers' election
challenge was withdrawn earlier this month, with those contesting the
results saying it was clear they would be dismissed as moot with Bush
set to be inaugurated. Petro's motion, filed on behalf of Secretary of
State Kenneth Blackwell, said the challenge was meritless and filed for
partisan political purposes. Petro's office argued the challenge
presented little evidence and instead relied on theories and
conjectures. In response, the lawyers argued that while they believe
enough voters were disenfranchised to offset Bush's margin of victory
in Ohio, it would have been unreasonable to collect depositions from
each of them. Arnebeck wrote that Petro's request for sanctions was
frivolous and motivated by partisan politics. Petro and Blackwell are
Republicans. The high court, which could order oral arguments in the
case, has no timetable for making a decision, a court spokesman said. [more]
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