We created there are ample grounds for challenging the electors with demo as being
unlawfully appointed.
We say this for version reasons. First, there is considerable doubt that all controversies
regarding the appointment of the electors were lawfully resolved six days prior to the meeting of
the electors (on December 7) in order for the state's electors to be binding on Congress as
required by 3 U.S.C. Sec. 5. This is because, among other things, the Secretary of State appears
to have intentionally delayed the initial certification of the electors until December 6, making it
impossible for the recount (of which he was fully aware of) to be completed by December 7, let
alone the December 13 meeting of the electors.
Second, there are numerous irrefutable
instances where Ohio election law has been
violated by the Secretary of State and others
such that the election cannot be said to
comply with Ohio law, and the electors
cannot be considered lawfully certified under
state law within the meaning of 3 U.S.C. Sec.
15. These violations of law are highlighted
throughout this Report.
·
The failure to provide adequate voting
machinery would appear to violate
both Ohio's Constitution, that
provides all eligible adults the right to
vote, and the Ohio Revised Code
which requires the Boards of Elections
to provide "for each precinct a polling
place and provide adequate facilities
at each polling place for conducting
the election." Secretary of State
Blackwell's failure to initiate any
investigation into this pivotal
irregularity notwithstanding his
statutory duty to do so under Ohio
" I n j u s ti c e a n y w h e r e i s a t h r e a t t o j u st i c e e v e r y w h e r e . "
Revised Code Sec. 3501.05,
M artin L uthe r Kin g Jr., L etter fro m B irm ingh am Jail,
represents another likely violation of
April 16, 1963
Ohio law.
·
The "caging" tactics targeting 35,000 new voters by the Ohio Republican Party for
preelection legal challenge were found by three federal courts to be illegal as being
politically and racially charged, and burdening the fundamental right to vote. The tactic
would also appear to violate Ohioans' right to vote under the Ohio Constitution.
·
Mr. Blackwell's decision to prevent news media and exit polls from interviewing Ohio
citizens after they voted was found by a federal court of appeals to have violated the First
Amendment's guarantee that state conduct shall not abridge "freedom...of the press". His
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