A Day in Court

This morning, Judge Blackwood again began hearing motions in the election contest between plaintiff David Stuart and defendants Don Layton and the Election Commission, after the Court of Appeals found the lower court in error and the State Supreme Court declined to hear the defendants’ appeal.  Thus, we’re back sort of where we started, a little more than a year ago.

At a basic level, the issues are as follows:

  1. That a substantial number of voters took longer to vote than the 10 minutes allowed by state law;
  2. That paper ballots were unlawfully issued in at least one precinct, even though the machines were operational;
  3. That voters were not required to provide identification in two precincts.

In an election where the margin of victory was only 119 votes countywide, it’s entirely plausible that these errors may have made the difference in the outcome.  Stuart simply asks for a do-over, and asks that it be held in conjunction with the already-scheduled countywide election on Feb. 5, 2008 (so as to make the cost to the county negligible).

Stuart has issued several interrogatories to the Election Commission’s attorney, to which the defendant has responded "neither affirm nor deny."  In plan language, that means he’s asked some questions and the Election Commission’s reply was "we don’t know, and we haven’t even tried to find out."

Today, Blackwood set deadlines of Nov. 2 for the questions to be answered, and Nov. 8 for the requested records (the names of poll workers at two precincts where no identification was required of voters, I think) to be supplied to Stuart.  A trial date has been set for December 13-14.

It will be interesting to see this unfold in December.

2 Responses to “A Day in Court”

  1. on 12 Oct 2007 at 1:42 pm voter person

    Nice post. Glad you are keeping the voting public informed.


  2. […] The judge denied their motion, which means that they must respond to Stuart’s interrogatories by Nov. 2, and produce the requested records by Nov. 8, in advance of an evidentiary hearing on Dec. 13-14. […]

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