Moss v. Bush
Moss v. Bush (
Following the dismissal, Arnebeck's group filed a motion to intervene in a federal case brought on Election Day by the Ohio Democratic Party against Ohio Secretary of State Kenneth Blackwell.[1] That motion was opposed by the Ohio Democratic Party[2] and ultimately denied.[3]
Details of the case
The case challenged Ohio's certification of its electoral votes, which had been awarded to
Litigation
Following the November election, Ohio's electors were scheduled to meet and cast their votes for President Bush on 13 December 2004. On that same day, various Ohio citizens (the "Contestors") filed an Election Contest Petition
On 16 December 2005, Justices'
On 17 December, the case was refiled, with it now referring only to the election of Ohio's electors for the presidential electoral college. A request was also made that the Court declare the
On 12 January 2005, Moss v. Bush was dismissed at the Contestors' request.[8]
Motion for sanctions
On 18 January 2005, Ohio's Secretary of State filed a motion for sanction against the plaintiffs, alleging that the claim in Moss v. Bush was meritless, did not meet the standards of evidence required by law, and was brought only for partisan political purposes.[9]
On 19 May 2005, Chief Justice Moyer denied the motion for sanctions.[10] Justice Moyer concluded that, although "[t]he Contestors indeed made multiple allegations in the complaint that are, at best, highly improbable and potentially defamatory, inflammatory, and devoid of logic" (Paragraph 4), and "[d]espite the apparently scurrilous nature of most of these allegations," (Paragraph 16), sanctions were not appropriate under Ohio law for two reasons. First, Justice Moyer concluded that unlike civil litigation, the election contest statutes of Ohio do not permit sanctions for meritless charges. (Paragraphs 17-24). Second, because the Contestors dismissed their suit before evidence was gathered, Justice Moyer concluded that even if sanctions were permitted by law, there was not enough evidence before the Court to issue sanctions. (Paragraph 25).
Moss v. Moyer
On 20 December 2004, the case contesting "...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." was refiled. The case is known as Moss v. Moyer,
On 28 December 2004, Justice O'Connor issued an order stating that under Ohio Rule of Civil Procedure 9(b), the Contestors were required to plead the alleged acts of fraud in the election for Chief Justice with greater particularity. She ordered that Contestors do so by 7 January 2005, allowed their opponents until 14 January 2005 to respond, and stayed any discovery proceeding pending those pleadings.[11]
On 12 January 2005, Moss v. Moyer was dismissed at the request of the Contestors.[8]
References
- ^ "Archived copy" (PDF). Archived from the original (PDF) on September 6, 2006. Retrieved May 31, 2006.
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: CS1 maint: archived copy as title (link) - ^ "Archived copy" (PDF). Archived from the original (PDF) on September 6, 2006. Retrieved May 31, 2006.
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: CS1 maint: archived copy as title (link) - ^ "Archived copy" (PDF). Archived from the original (PDF) on September 6, 2006. Retrieved May 31, 2006.
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: CS1 maint: archived copy as title (link) - Freepress.org.
- ^ "Archived copy" (PDF). Archived from the original (PDF) on March 1, 2005. Retrieved December 26, 2004.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ Moss v. Bush Archived 2005-04-18 at the Wayback Machine
- ^ "Archived copy" (PDF). Archived from the original (PDF) on November 27, 2007. Retrieved June 1, 2006.
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: CS1 maint: archived copy as title (link) - ^ a b "Archived copy" (PDF). Archived from the original (PDF) on November 27, 2007. Retrieved May 30, 2006.
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: CS1 maint: archived copy as title (link) - ^ "Archived copy" (PDF). Archived from the original (PDF) on April 18, 2005. Retrieved February 17, 2005.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ "Archived copy" (PDF). Archived from the original (PDF) on December 26, 2005. Retrieved May 30, 2006.
{{cite web}}
: CS1 maint: archived copy as title (link) - ^ "Archived copy" (PDF). Archived from the original (PDF) on January 15, 2005. Retrieved December 28, 2004.
{{cite web}}
: CS1 maint: archived copy as title (link)
Other litigation documents
Moss v. Bush
- Moss v. Bush I case docket
- Moss v. Bush II case docket
- Second filing (pdf) (mirror) (filed 2004.12.17)
- Contestors' Emergency Motion for Expedited Hearing and Emergency Expedited Relief to Prevent Spoliation of Evidence and to Preserve Documentary and Electronic Evidence (pdf) Archived 2005-03-29 at the Wayback Machine (filed 2004.12.17)
- Order denying expedited hearing and asking two questions (pdf) (decided 2004.12.22)
- Justice Moyer denies motion regarding the affidavits and exhibits (pdf) (decided 2004.12.29)
- Justice Moyer refuses to recuse himself (pdf) (decided 2004.12.29)
- Depositions: (submitted 2004.12.31)
- Dr. Ron Baiman (pdf) - Professor of statistics, Institute of Government and Public Affairs, University of Illinois in Chicago
- Dr. Werner Lange (pdf) - Professor of sociology, University of Pennsylvania in Edinburg and part-time pastor
- Dr. Richard Hayes Phillips (pdf) - Professor, Doctor of Geomorphology, Master of History, Master of Geography, and Bachelor of Politics
- other briefs
Moss v. Moyer
- Moss v. Moyer case docket
- First filing (pdf) (filed 2004.12.20)
- Motion for admission pro hac vice granted (pdf)(decided 2004.12.27)