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Edward B. Foley
Free & Fair is a collection of writings by Edward B. Foley, one of the nation's preeminent experts on election law.

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Response to TRO motion in KLBNA v. Blackwell

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November 6, 2006

The State of Ohio today filed a response to Plaintiff’s requests for a TRO, which specifically seeks 1) backup paper ballots in all precincts, and 2) a statewide hand recount of the voter verified paper trail, the provisional ballots, and the absentee ballots in a random sample of 3% of precincts.

In addition to arguing that Plaintiffs lack standing to bring this request and that the request is not timely, the State argues that the relief requested is physically impossible to accomplish. The State asserts that it is impossible to prepare and print paper ballots for 11,000 precincts in time for Tuesday’s election. In addition, the State claims that new technology implemented in response to the Help America Vote Act makes the request for a sample hand recount technically difficult and that doing such a hand recount would violate statutory requirements intended to secure the vote.

Full coverage of this case is here