Bush Team Questions Legality Of Election Challenge.

Lawyers for the Bush campaign asked Ohio's high court Monday to throw out a legal challenge to the president's re-election, even as protesters accelerated accusations of widespread mistakes and manipulation. The Bush-Cheney regional chairwoman, JoAnn Davidson, said two months is long enough for the Republican victors to withstand protesters, whose public claims and multiple legal actions she characterized as frivolous and unsubstantiated. "I think we've been very quiet, we've been very patient and we've been very tolerant," Davidson said. "We've given the courts an opportunity to review these matters, but there comes a time that we say we need to accept the results and move on." She noted that a recount was recently completed that confirmed President Bush won Ohio over Sen. John Kerry by 117,000 votes. The campaign's motion contends that the election challenge missed the filing deadline; improperly named the president, vice president and Bush campaign guru Karl Rove when it should have been filed against Electoral College members, who formally elect the president; and did not present the "clear and convincing evidence" required by Ohio law. Coalition attorney Peter Peckarsky said that significant deviations from expert exit polling by a renowned international pollster provide the clear and convincing evidence required for the Ohio Supreme Court to uphold the election challenge and revisit the vote. He said swings so radically outside the margin of error would be cause for concern in Ukraine or Iraq, but seemingly aren't in America. "Anywhere else on the face of the planet, the people would know that they were victims of an election fraud," he said. [more] and [more]

Lawsuit Before the Ohio Supreme Court
NATURE OF THE ACTION   On December 13, 2004, numerous Ohio citizens contested "the certification of the election of the electors pledged to George W. Bush and Richard B. Cheney for the offices, respectively, of President of the United States and Vice President of the United Sates for the terms commencing January 20, 2005..." and "...the certification of the election of Thomas Moyer for the office of Chief Justice of the Ohio Supreme Court for the term commencing in 2005."
LAWSUIT REFILED   On December 16, 2004, Chief Justice Thomas J. Moyer threw out the complaint because it had two election challenges.  The following day, on December 17, thirty-seven voters and their lawyers refiled the election challenge for President and Vice President of the United States.  The other case for the office of Chief Justice of the Ohio Supreme Court was refiled on December 20, 2004.
DEFENDANT-CONTESTEES are George W. Bush (candidate for the office of President of the United States of America), Richard B. Cheney (candidate for the office of Vice President of the United States of America), Karl Rove (chief election strategist and tactician for the Bush-Cheney campaign), the Bush-Cheney 2004 Committee, Thomas J. Moyer (Ohio Supreme Court Chief Justice candidate), J. Kenneth Blackwell (Ohio Secretary of State), and the 20 Ohio Bush electors. [read the complaint]