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Monday, November 01, 2004

UPDATE ~ Ohio AG seeking last-minute 6th Circuit stay of poll challenge orders
Tom Henry at 9:40 PM ET

[JURIST] The Ohio Attorney General has filed motions in the Sixth US Circuit Court of Appeals seeking a last-minute stay of two federal court orders handed down Monday morning barring partisan challengers from the polls (see JURIST reports here and here). Ohio State University's Moritz College of Law has the case materials here and here. In a related development, the Ohio Supreme Court has reversed a ruling [PDF] by state Common Pleas Judge O'Donnell that had limited the number of challengers at each polling place to one, overturning a directive from the the Ohio Secretary of State that limited the challengers to one per precinct. The Supreme Court reversed the holding "based solely on this court's interpretation of state statutes." The Ohio Supreme Court order is here [PDF].

Also late Monday, Judge Debevoise of the US District Court in Newark New Jersey ruled that the Republican party cannot use a list of 23,000 names to challenge voters at the Ohio polls contrary to a previous New Jersey consent decree. AP has more.






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