Moss v. Bush: Difference between revisions

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Revision as of 19:28, 19 December 2004

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Moss v Bush is a lawsuit in the United States that was filed in the Ohio Supreme Court on 13 December 2004 (Supreme Court of Ohio Case No. (R. C. 3515.08)). The legal suit is headed by Cliff Arnebeck of the Alliance for Democracy, representing a group of thirty-seven Ohio-resident voters.

Details of the case

The case questions the state of Ohio's certification of the votes made by the members of the US presidential . Ohio's electoral college voters have all voted for the Republican party candidates George W Bush, the Republican party presidential candidate, and Dick Cheney, the Republican party vice-presidential candidate. Ohio law permits the state Supreme Court to review elections in such cases, but there is no provision for the courts to award electoral colleges votes to any candidate. The first time the case was filed, it also contained a challenge against another Ohio State election.

According to statements made by Mr. Arnebeck, he will ask the courts to set aside the results and possibly declare John Kerry, the Democratic party presidential candidate, and John Edwards, the Democratic party vice-presidential candidate, the winners of Ohio's presidential election, on the basis of widespread systematic election fraud that altered the outcome of the election. He claims to have sufficient evidence to prove the allegations. The mainstream media have, however, reported that it has little or no chance of success.

Consequences of failure to certify

Without that certification, the US Senate would reject Ohio's votes under the provisions of Title 3 of the United States Code, which in the circumstances of the 2004 election, would leave no candidate with the 271 electoral college votes required to win. The presidential election would then be decided by the Republican-controlled House of Representatives, with the vice-presidential election being decided by the Republican-controlled Senate. The expectation would be that they would support the Republican party candidates, George W Bush and Dick Cheney, who are already generally accepted to have been the winner of the election.

The first hearing

On 16 December, the case was thrown out on the technicality that two races were disputed in the same legal challenge. One race was for Ohio's electors in the presidential electoral college. The other was the election of the judge who heard the first filing himself: Ohio Supreme Court Justice Thomas Moyer.

The second hearing

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 that the Court declares the Kerry-Edwards presidential ticket the rightful winner of Ohio's electoral votes was also made, although even if the Court acceded to such a request it would have no legal effect.

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