An Open Letter On Election Reform In Ohio

Dear Representative Mallory and Senator Kearney:

After the 2004 election, the Ohio legislature undertook significant reforms of its electoral process. While the 2008 election passed without the controversy of four years ago, there is still much fine-tuning to be done. With a Democratic majority in the State House and a Democratic governor, the time for further reform is sooner rather than later. Here are my respectful suggestions:

• In implementing the requirements of the Help America Vote Act, remember that Congress's intent was that the statute be a shield to protect the right of citizens to vote. This year, the GOP sought to use it as a bludgeon to disenfranchise certain voters, and those efforts must be rebuffed.

• The new system of "no-fault" absentee voting was a step in the right direction. Now is the time to complete the tranformation, and adopt what others states refer to as "early voting." A true early-voting sytem should require that counties open additional polling places in the fortnight (or longer) prior to Election Day. Moreover, early voting would entail the same identification verification required on Election Day. It is incongruous and incomprehensible that a voter walking into a precinct on Election Day is required to produce valid ID, while a voter who goes to the Board of Elections one day earlier need not do so. Such a compromise (easier access to the ballot prior to Election Day, but with greater safeguards) would likely be met with bipartisan support.

• Eliminate Ohio's antiquated precinct-based voting system. In other states (Florida is one example), during the early-voting period, voters were permitted to visit any polling place throughout the state to cast a ballot. Once they reached the polling place, their driver's licenses were swiped through a magnetic card reader (our current licenses have this feature available should the legislature choose to make it useful), and their ballot was printed from laser printers in the polling place (since local issues would still vary even, in some cases, precinct-by-precinct). As you know, under current Ohio law, a voter could cast a ballot at the proper polling place but at the wrong precinct (in other words, the right building, but the wrong table), and his or her ballot would be discarded. In our technologically-driven era, there is no justification for such a requirement.

• Standardize Ohio's voting mechanism. Ohio made a mistake in permitting each county to determine whether to adopt optical-scan ballots or direct-recording electronic machines (DRE's). Instead, all counties should be required to use optical-scan ballots (paper ballots that are filled out by voters and then scanned into a computer in the polling place). The advantages of optical-scan ballots are two-fold. First, voters have more confidence in a paper ballot. Given Secretary Brunner's report on DRE's, this sentiment may have some justification. (Regardless of whether such confidence is justified, the importance of the public's confidence in a clean election cannot be overstated.) Second, voting by optical-scan ballots is more conducive to high-turnout elections. With paper ballots, the number of voters who can vote at once is limited only by the space and number of pens in a polling place. The old-fashioned stand-up "booths" are not even required, as tables with privacy screens can be set up, or clipboards can be handed to voters. Because of the cost of DRE equipment, most precincts will have just a few machines. While alternative paper ballots are available, they are brought out only if a particular voter asks for them or if poll workers decide, in their own judgment, to bring them out. And voters may be wary about casting a ballot in a different manner than the standard method for the precinct. Thus, optical-scan ballots provide the most secure, most time-efficient manner of voting and should be mandated state-wide.

The new composition of the Ohio House provides an excellent opportunity for progressive legislation. There can be no more important issue for progressives than safeguarding the right of every citizen's voice to be heard and vote to count. I hope that you will act on these measures early in the next legislative session.

Sincerely,

Donald R. Caster
A constituent with too much time on his hands on a Saturday afternoon

The New (Old) NAACP

This month's Streetvibes has an excellent article (written by Lew Moores) about the Cincinnati chapter of the NAACP (so give a buck to the next vendor you see and get a copy!). Moores argues that the NAACP has experienced a "renaissance" under the leadership of Chris Smitherman, much as it did under the leadership of Marian Spencer several years ago.

Certainly, Smitherman (with whom I sometimes disagree, but for whom I have a great deal of respect) has revitalized the local chapter of our nation's foremost civil rights organization. Its membership is up dramatically, and over the last couple years, it has helped to shape our local political discourse in ways that it did not during the first part of this decade.

For Smitherman and the NAACP to advance their agenda any further, however, they must develop and put into action a solid get-out-the-vote strategy. Yes, of the three ballot initiatives identified with the NAACP (the "jail tax" opposition, red-light camera opposition, and PR), two passed. But (without diminishing the effort it took to place these on the ballot), these were layups. It's not hard to convince people to vote against the increase of a fundamentally regressive tax or the onerous red-light cameras, which no one seems to like.

This year's election results bear out the NAACP's GOTV failures. In the City of Cincinnati, turnout was just 58%, lagging well behind county-wide turnout of 66%. What's more, of the 134,000 ballots cast, 20,000 (or 15%) recorded no vote (meaning no vote at all, not a "no" vote) on Issue 8, which would have brought a return to proportional representation in City Council elections. Local races and issues always receive a significant undervote, but Issue 8's undervote is extraordinarily high: Issue 7 had just under 13,000 undervotes (about 9 percent).

Of the two NAACP-backed initiatives on this year's ballot, certainly Issue 8 would have had a greater overall impact on Cincinnati than on Issue 7, making it the more important of the two. (In fairness: Issue 8's undervote is likely due in part to extremely poor ballot placement, as it was the only contest on the last page of a four-page ballot. Some voters may not have even realized it was there.) With Issue 8 failing by just 8,000 votes and 20,000 voters participating in the election but sitting out the Issue 8 contest, the NAACP failed to either a) educate the public about the issue, or b) get its supporters to the polls.

While the Cincinnati NAACP still has some work to do, it's terrific to see the re-emergence of this important voice in our community, and it will be exciting to see the continued growth of both the organization and its president.

(Current vote tallies available here.)

Setback for Downtown

While we were busy talking about the election and Halloween last weekend, the Terrace Hotel (on Sixth between Vine and Race) suddenly closed its doors. This is a pretty prominent spot right in the middle of the primary business and entertainment district, so its disheartening to know that the building will likely be vacant for some time.

Anyone have any inside scoop on plans for the building?

Peter Bronson, Constitutional Law Scholar

With the election over, we can turn our attention to this blog's favorite pastime: exposing the foolishness of Peter Bronson.

Yesterday, Mr. Bronson published an essay on his most recent trip to Gettysburg. I'm not sure what his point was (civil war is bad?). This little nugget, though, caught my attention (emphasis mine):

The South's cause was tainted by the slavery they relied on to produce 60 percent of America's exports and 75 percent of the world's cotton. But their reading of the Constitution was correct: The states delegated powers to the federal government, and they had a right to file for divorce if the domestic abuse was intolerable.

So, Peter Bronson believes that the Constitution gives states the right to secede? Wow. Maybe the Alaskan Independence Party will invite him to introduce Sarah Palin at its next convention.

I pulled open my Constitution, looking for a Secession Clause. I didn't find one. And guys like Bronson believe that the only rights guaranteed by the Constitution are those specifically enumerated therein. So why does he believe in such a right?

What's more, Bronson's position--that there is a right of secession--was squarely repudiated by the Supreme Court. In Texas v. White, Chief Justice Salmon P. Chase (near and dear to the hearts of Cincinnatians) held that Texas--which was once a sovereign republic--had no right to secede. Chase wrote:

The Union of the States never was a purely artificial and arbitrary relation. It began among the Colonies, and grew out of common origin, mutual sympathies, kindred principles, similar interests, and geographical relations. It was confirmed and strengthened by the necessities of war, and received definite form and character and sanction from the Articles of Confederation. By these, the Union was solemnly declared to "be perpetual." And when these Articles were found to be inadequate to the exigencies of the country, the Constitution was ordained "to form a more perfect Union." It is difficult to convey the idea of indissoluble unity more clearly than by these words. What can be indissoluble if a perpetual Union, made more perfect, is not?

I'm not sure what prompted Bronson's miniature states' rights tirade. Perhaps he was thinking that if Obama won, he could lead Ohio to secede from the United States. But it'd be nice if someone at the Enquirer would "fact-check" Bronson once in a while before going to print.

Roses Are Red . . .

And Hamilton County is blue.

I hope to post some actual analysis later today, once I've recovered from a long day yesterday and had enough time to process what happened yesterday.

But one thing seems undeniable: Hamilton County has shifted, whether demographically, politically, or both. The Democratic candidate for President carried the county with just over 52% of the vote.

Steve Driehaus defeated Congressman Chabot.

And perhaps most surprising (and the biggest departure from recent tradition), Democratic-endorsed judges won two of three contested elections in the Court of Common Pleas.

Hamilton County saw relatively low voter turnout: less than 67%, according to the preliminary numbers from the BOE. Of course, this does not include provisional ballots. But this is lower than early state-wide estimates, and lower than the 2004 election.

There's much thinking to do about yesterday's election.

Know Hope --- President-Elect Barack Obama

I can only join with Satchmo --- as a child of the old South, as a descendant of slave owners, I have gone from seeing "Colored" restrooms and "Whites Only" restaurants all around me to this moment. It is an amazing moment.

More on the Campain Trail

Some more scenes from the Obama get out the vote efforts:

Early morning at the polls in Mt. Washington.


No language barriers for Obama supporters!

The After-Parties

In what I am sure will be victory parties, here's the list I've got on where to go to party an Obama/Democrat win:

1. Cadillac Ranch - Main Cincinnati Obama Party
2. Northside Tavern - Cincy Rocks Obama
3. Tickets in Covington - NKY Dems.
4. Sulley's - Driehaus Party
5. The Comet - America Votes
6. Below Zero - Human Rights Campaign

Any other locations?

UPDATE#1: Added the HRC's event at Below Zero.

UPDATE#2: While not a party per see, the big screen at Fountain Square will have on CNN starting at 6:30 PM with the election returns. No actual events are going on since they are putting in the ice rink.

Voting Machine Errors in Covington

Good for voting officials taking action quickly with a specific voting machine counting error on certain voting machines. I do hope they still are able to provide additional assistance to disabled voters without much disruption.

Reports on Voting

Chime in with reports on how your voting went, what it was like at the polling station or other campaign sightings out there.

Democracy Is Coming --- Pray We Embrace Our Constitution And Reject Torture As Being Permissible

All of our hands are bloodied after the last eight years. Following the vicious attacks on September 11, 2001, something fundamental was broken in our national character. Values we cherished were shoved aside as weak and feminine and lines we never thought we would cross were crossed as our President and his co-President flexed their muscles, hiding behind the skirts of cowardly lawyers drafting memos that eviscerated our constitutional history and beliefs. Like small children afraid of the dark, this mighty nation cowered and did unspeakable things in the dark. The time has now come for light in those dark places.



Sail on, sail on
O mighty Ship of State!
To the Shores of Need
Past the Reefs of Greed
Through the Squalls of Hate
Sail on, sail on, sail on, sail on.

It's coming to America first,
the cradle of the best and of the worst.
It's here they got the range
and the machinery for change
and it's here they got the spiritual thirst.
It's here the family's broken
and it's here the lonely say
that the heart has got to open
in a fundamental way:
Democracy is coming to the U.S.A.

L. Cohen

Election Day - Go Vote!

If you have not voted already, today is it. Every registered voter should cast the vote by today. I believe today will be a day of history, so get out there and be part of it.

Say No To Taking Rights Away And To Discrimination: Tell All Your California Friends To Go Out And Vote No On Prop 8

Tyler Oakley, Winner Of Human Rights Campaign Foundation's National Coming Out Day Video Contest

What Is Jones Up To Now?

The Enquirer reports that Governor Strickland has declined to order that schools be closed tomorrow. Closing schools may be a sensible thing to do, given that many schools are polling places. But Strickland is probably also right that it's a decision best left to local school boards.

That's not the most intriguing part of the article, though. Instead, it's this gem:

The elections board also asked the sheriff's office for extra help controlling traffic. Up to 40 deputies will remain on duty at polling places Tuesday night, and all other staffers will be on standby, said Sheriff Rick Jones."The eyes are going to be on the state of Oho. We need to make this as smooth of an operation as we can," said Jones, who is also up for re-election this year. "We're preparing in case there is trouble."

What does that mean? What kind of "trouble" is expected at polling places in Butler County? It sounds like Jones is talking about more than just traffic control. And does Jones actually intend to station uniformed, gun-carrying deputies outside of polling places? Will they be in rural Butler County polling places, or just in Hamilton, where there may actually be some Democratic ballots cast?

Jones ought to think twice before he engages in efforts to meddle in this election. I know he thinks he's a big fish, but these waters may be a little deep for him.

One More Time With Feeling ---- Go Vote!!

Vote Like Your Life Depends On It! Vote Like The Constitution Depends On It! Vote To End Torture Being Carried Out In The Darkness In Your Name! Vote Because Now Is The Acceptable Time.

Let us not wallow in the valley of despair. I say to you today my friends - so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream.

I have a dream that one day this nation will rise up and live out the true meaning of its creed: "We hold these truths to be self-evident, that all men are created equal."

I have a dream that one day on the red hills of Georgia the sons of former slaves and the sons of former slave owners will be able to sit down together at the table of brotherhood.

I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice.

I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.

I have a dream today.

I have a dream that one day down in Alabama, with its vicious racists, with its governor having his lips dripping with the words of interposition and nullification - one day right there in Alabama little black boys and black girls will be able to join hands with little white boys and white girls as sisters and brothers.

I have a dream today.

I have a dream that one day every valley shall be exalted, and every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight, and the glory of the Lord shall be revealed and all flesh shall see it together.

This is our hope. This is the faith that I go back to the South with. With this faith we will be able to hew out of the mountain of despair a stone of hope. With this faith we will be able to transform the jangling discords of our nation into a beautiful symphony of brotherhood. With this faith we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for freedom together, knowing that we will be free one day.

This will be the day, this will be the day when all of God's children will be able to sing with new meaning "My country 'tis of thee, sweet land of liberty, of thee I sing. Land where my father's died, land of the Pilgrim's pride, from every mountainside, let freedom ring!"

And if America is to be a great nation, this must become true. And so let freedom ring from the prodigious hilltops of New Hampshire. Let freedom ring from the mighty mountains of New York. Let freedom ring from the heightening Alleghenies of Pennsylvania.

Let freedom ring from the snow-capped Rockies of Colorado. Let freedom ring from the curvaceous slopes of California.

But not only that; let freedom ring from Stone Mountain of Georgia.
Let freedom ring from Lookout Mountain of Tennessee.
Let freedom ring from every hill and molehill of Mississippi - from every mountainside.

Let freedom ring.

And when this happens, and when we allow freedom ring - when we let it ring from every village and every hamlet, from every state and every city, we will be able to speed up that day when all of God's children - black men and white men, Jews and Gentiles, Protestants and Catholics - will be able to join hands and sing in the words of the old Negro spiritual: "Free at last! Free at last! Thank God Almighty, we are free at last!"

Report On Early Voting

A reader, Katie, emails in this front line report on early voting today:

Hey Brian,

I just waited nearly 3 and a half hours to early vote at 824 Broadway in Cincinnati, Ohio,

What was amazing was that the vast majority (I would say 80-90%) of the people in that line were either: A..under 30 or B. African American. The line was practically an Obama rally. Obama volunteers handed out candy, apples, water and even cheeseburgers from McDonalds and Burger King. They had megaphones and at points during the wait the almost everyone in line was either cheering or chanting for Obama. Volunteers handed out Obama stickers, fliers and window decals. I didn't see a single McCain volunteer or receive a single McCain flier.

Katie

It would appear that the McCain team is limiting where they are sending volunteers in Hamilton County. One would think they might want to have a presence at the only polling place open in the entire county. Based on this report, they may have been wise in doing something else.

The Only Surprise Is That It Took This Long

David Krikorian (or as I like to call him, "that other guy") has jumped the shark.

A little more background, with quotes from the Schmidt campaign and Alex Triantafilou, is available from the Enquirer's Politics Extra blog.

Obama Rally Thoughts?

So for those of you that made the trip to Clifton to see Senator Barack Obama last night, what did you think? I was impressed. He seemed a little tired, but he was right on message and the crowd I believe felt the history they were witnessing. I know I did.

It was also a very positive crowd. The best repeated line Obama used was "Don't boo, just vote!" He used that when boos arouse when ever John McCain's name was mentioned. That exemplifies the quality I like most about him, his honor. He does a great job at being a true uniter. He is about being President to everyone, not just the Blue States or the Democrats. That at the core is the most important thing a President must do. That is leadership.

I am please to be voting for a man that I not only agree with on a vast majority of political issues, but whom I respect.

Also, more from James making his final lit drop:

Update #1 From the Campaign Trail

A really good friend of mine, James Czar, is out working for the Obama Campaign's GOTV effort on the Eastside of the City. He'll be out today and tomorrow and will send me some updates as he can. Here's his first. His thought on this photo is the the GOP must be nervous.

One Day More Robo-Call

Again courtesy of Jason Silverstein at McSweeney's:

"Hello. I'm calling for John McCain and the RNC because you need to know that Barack Obama has not accepted Joe the Plumber's friend request on Facebook. We know he's logged on, because we saw he changed his status on Monday. On Tuesday, he joined the group Art Historians Are Saucy. But he still won't accept Joe the Plumber's friend request. He knows it's Joe. Joe uses the screen shot of the two of them together as his profile picture. That's not a uniter. That's the same old liberal-elite politics as usual."

GO VOTE!

I Hear America Singing

I hear America singing, the varied carols I hear;
Those of mechanics—each one singing his, as it should be, blithe and strong;
The carpenter singing his, as he measures his plank or beam,
The mason singing his, as he makes ready for work, or leaves off work;
The boatman singing what belongs to him in his boat—the deckhand singing on the steamboat deck;
The shoemaker singing as he sits on his bench—the hatter singing as he stands;
The wood-cutter’s song—the ploughboy’s, on his way in the morning, or at the noon intermission, or at sundown;
The delicious singing of the mother—or of the young wife at work—or of the girl sewing or washing—Each singing what belongs to her, and to none else;
The day what belongs to the day—At night, the party of young fellows, robust, friendly,
Singing, with open mouths, their strong melodious songs.

Whitman

Bite Me Ball at CAC Best Costume Winner

The suit is entirely covered by Obama stickers. Great fun at a great event!

Gangs in the Burbs?

Check out this report from WLWT. I am actually not sure what I think about it, so view it for yourself.

Election Predictions Thread

Well, we've certainly talked this election to death. Time to to put up or shut up: what are your predictions for Tuesday? Here are mine (please remember, these are predictions, not endorsements):

National:

• Obama wins, garnering more than 50% of the popular vote and a total of 282 electoral votes. He wins Virginia, New Mexico, Nevada, Iowa, and the Kerry states. McCain takes the remainder of the "battleground" states, including Ohio and Florida.
• The Democrats pick up 5 Senate seats and 15-20 House seats.
• Steve Driehaus beats Steve Chabot.
• Jean Schmidt beats Wulsin and that other guy.

Ohio:

• Cordray wins the AG race.
• Issue 5 (essentially eliminating payday lending) fails.
• Issue 6 (permitting a casino) fails.
• Justices Stratton and O'Connor hold on to their seats on the Supreme Court, probably by 10 or more points each.

Hamilton County:

• Greg Hartmann is elected county commissioner. Todd Portune also wins, although in a very close contest (probably no more than a 4-point victory).
• Bob Goering is re-elected treasurer and Rebecca Groppe is re-elected recorder.
• Martha Good is elected Clerk of Courts.
• Pat Dewine is elected judge. Judge Nelson is re-elected. The race between Judge Luebbers and Judge Mock is too close to call (that race alone may force the counting of provisional ballots).

City of Cincinnati:

• Issue 7 (banning red-light cameras) passes.
• Issue 8 (re-instituting Council elections through proportional representation elections) fails, thanks to late radio spots and direct mail efforts.

What do y'all think?

Make Your Vote Count

Hopefully, everything will go smoothly in the polling places on Election Day. But if you run into trouble, here's some advice: do everything you can (firmly and politely) to make sure you're permitted to cast a regular ballot. Provisional ballots are second-class ballots, and may never get counted.

Provisional ballots are not counted on Election Day. Instead, they're counted afterwards, and are subject to debate and challenge by the members of the Board of Elections. Moreover, they'll only be counted if the number of provisional ballots exceeds the margin of victory for any given race.

So if you find yourself being offered a provisional ballot for some reason, try to talk the precinct judges into giving you a regular ballot. If you're not successful, then before you cast a ballot, go outside and find someone from a Voter Protection group. Seek out someone from a campaign you're partial to (both the McCain and Obama campaigns will have multiple observers and GOTV personnel in place at most polling places). If all else fails, call the Board of Elections for clarification.

Finally, be prepared for a lengthy wait on Tuesday. But remember, so long as you're in line before 7:30 pm, you will be permitted to vote a regular ballot, no matter how long it takes to get through the line. (If a court orders precincts held open longer and you get in line after 7:30, you will cast a provisional ballot that is kept separate from other ballots (even other provisional ballots), so they can be thrown out if the court's decision is subsequently overturned.) So even if you can't get there until after work and the lines are long, don't fear: your vote will count, so long as you're in line at the right precinct by 7:30.

Obama Rally Details

Here is the link to the offical announcement from the Obama campaign and includes a couple of details that will make things easier for people going:

Change We Need Rally
with Barack Obama

Nippert Stadium
University of Cincinnati
2700 Bearcats Way
Cincinnati, OH 45221

Sunday, November 2nd
Doors Open: 6:00 p.m.
Program Begins: 9:00 p.m.

The event is free and open to the public; tickets are not required but an RSVP is encouraged. Space is available on a first-come, first-served basis.

For security reasons do not bring bags or umbrellas. Please limit personal items. No signs or banners allowed.

Public parking is extremely limited. Car-pooling is strongly encouraged. Normal rates will apply at University of Cincinnati parking facilities. For more information click here.

I would advise everyone to pay attention to the no bags, umbrellas, signs or banners rule. It will make it much easier for you and everyone else to get in.

OH-1 Debate

For those who haven't heard, Sunday's Newsmakers program on Channel 12 (11:00 AM) will feature a debate between Steve Driehaus (D) and Steve Chabot (R). Since I just received a mass email from the Driehaus campaign promoting the show, they must think their candidate did pretty well.

And (as Jack reminds us via his robo-call), don't forget to turn your clocks back, or when you turn your TV on to watch Dan Hurley, you'll end up with Dan Marino....

Your Saturday Night Set The Clocks Back Robo-Call

Courtesy of Jason Silverstein at McSweeney's:

"Hello. I'm calling for John McCain and the RNC because you need to know that Barack Obama doesn't use his turn signal when he merges onto a freeway. I mean, seriously, who the hell does this guy think he is? He just goes. It's not even like he attempts to fit in. And I'm not talking lone-wolf maverick style, either. I mean, this is the kind of driving that gets people killed. Much like the bombs of Bill Ayers that could have killed countless Americans. That's not change, my friends. That's the same old Washington politics as usual."

Saturday comes and goes and John and Sarah still haven't closed the gap. Need lots of prayer work tomorrow to stop the socialist onslaught of That One. Of course, James Dobson is otherwise occupied in San Diego praying for the smiting of The Gay.

One Thousand New Lawyers

Actually, 1,016, to be exact. Yesterday, the Ohio Supreme Court announced the names of individuals who passed the July 2008 bar exam. Congratulations to them all. Swearing-in ceremonies are scheduled for November 17 in Columbus.

Of local note, 65 of the newly-minted attorneys boast the UC College of Law as their alma mater. We should extend particular good wishes to local bloggers Christopher St. Pierre, formerly (?) of Cogitation, and Brad Thomas of the UrbanCincy Blog.

Over the next several months, there will no doubt be much hand-wringing, consternation, and several administrative and faculty meetings at UC. Its overall bar passage rate was 81% (82% for first-time test-takers), which placed it last among all Ohio law schools. This is a significant decline from five years ago: its graduates' passage rate on the July 2003 exam was 86% (87% for first-time test-takers), which placed it second among Ohio's nine law schools.

Over the last five years, the College of Law has restructured part of the first-year student curriculum, as well as the way it teaches commercial law (one of the topics covered by the bar exam). Also, UC has dramatically increased clinical opportunities for its students. While clinics offer students an exciting way to learn the law (often through the actual representation of clients under the supervision of a licensed attorney), one wonders if the higher percentage of students involved in clinics means that students are taking fewer bar courses in their second and third years of law school. No doubt, these will all be topics of conversation at the corner of Calhoun and Clifton for quite some time. A school's bar passage rate is one factor many prospective students consider in choosing a law school, as well as part of the criteria used by U.S. News & World Report, which compiles what many believe is the definitive ranking of law schools.

Congratulations again to all those who passed, and welcome to the practice of law!

Post updated to extend kudos to an additional local blogger. If there are other local bloggers in the "now we're lawyers" club, please let us know in the comments.

Extraordinary Americans In Cincinnati Last Night

Last night, while many were tricking-and-treating, I was privileged to be among a group of individuals who were present for the 2008 William J. Butler Human Rights Award Ceremony.  The Butler Medals, as the awards are known, are awarded through the Urban Morgan Institute for Human Rights at the UC College of Law.  My status as a former Urban Morgan fellow (Class of 2003) was enough to get me on the guest list.

This year's honorees were Lt. Col. Yvonne R. Bradley (USAF); Michael Ratner, president of the Center for Constitutional Rights; and Thomas B. Wilner, managing partner of the International Trade and Global Relations Practice of Sherman & Sterling.

No doubt you're wondering:  what could three such seemingly disparate attorneys have in common?  The answer:  all three represented Guantanamo Bay detainees.  Lt. Col. Bradley was appointed counsel for Binyam Mohamed, who has consistenly claimed that he was the subject of torture and rendition.  Mr. Ratner has spearheaded CCR's efforts to restore the right of habeas corpus and has organized an army (700 strong) of private attorneys across the country to assist in the representation of Guantanamo detainees.  Mr. Wilner entered the fray in 2002, and was ultimately counsel of record in Rasul v. Bush and Boumediene v. Bush, the landmark cases in which the Supreme Court pushed back on the chief executive's efforts to eradicate "the great writ."

It was an honor not just to be present for the awards ceremony, but also to be among the guests there, many of whom are among the most august members of Cincinnati's legal community.  (I'll not be specific, as it feels a little too much like name-dropping.)  But being at last night's gathering made me proud to be an alumnus of UC Law and the Urban Morgan Institute and prouder still to be an attorney.  Hearing the awardees and the presenters speak reminded me of why I entered the legal profession and push me to be a better, more passionate lawyer and advocate.  

Earlier in the day, the three honorees participated in a panel discussion at the College of Law.  You can view it (well worth the time) on the web here.

Finally, a shout-out to the venue:  the Verdin Bell and Clock Museum on Reading Road.  I'd noticed the building before but didn't know what was there; it's  truly a gorgeous facility.

Dishonest?

Did the Pro-PR camp use Obama's image and implied endorsement dishonestly? I got one of the mailers and I thought the same thing.

Clancy Runs A Distasteful Campaign

I'd had no intention of expressing preferences in any of the local races (particularly any involving the courthouse), but I was infuriated by an ad Patricia Clancy ran earlier tonight.  Perhaps it's been running for some time, but I hadn't seen it before.  Clancy, a Republican, is running against Democratic candidate Martha Good for HamCo Clerk of Courts.

In the ad, Clancy suggests that Martha Good isn't qualified to be the Clerk of Courts.  (Good is, by the way, the only Democratic candidate endorsed by the Enquirer this year.)  Clancy's "evidence":  Good supposedly received negative evaluations from her students at Miami University.  The ad goes on to show college-aged actors saying mean things about Ms. Good.  (The ad is produced in such a way that one might get the impression that the actors are actual students giving testimonials.  They're not.)

How, I wondered, did the Clancy campaign get hold of the evaluations students submit to Miami at the end of the semester?  Those aren't generally made public (at least, not at most schools).  Then the fine print came:  the "evaluations" were culled from a website, "RateMyProfessors," where anonymous students can rate their profs.

The website has no safeguards to ensure that students have actually taken the class of the professor they choose to rate.  Frankly, you or I could create an account and "rate" any professor we wanted to.  And we all know that this kind of website tends to draw angry people; people with something good to say won't generally take the time to search out a website to say it.  And here's a measure of the seriousness of the website:  one of the ratings categories is "hotness."

This is a silly, specious attack ad.  County row office races are often difficult for people to follow intelligently, particularly in a presidential election year.  This is a time that these candidates should be telling us why they're best-suited for the office for which they're running.  Instead, Clancy has chosen to cull together quotes from anonymous (alleged) students at Miami U.  Ridiculous.

Sometimes people have a hard time finding a reason (besides party affiliation) to vote for someone in the races for the more obscure local offices.  But I think this negative, misleading ad will give plenty of folks grounds to vote against Patricia Clancy.  

If you're looking for a reason to vote for Martha, check out the Enquirer's endorsement.  By itself, Dr. Good's pledge to end the tradition of using the Clerk's office as a sanctuary for political patronage is enough to warrant filling in the box next to her name on Tuesday.  Add to it her background and experience with the court system (and her opponent's dearth of legal expertise or experience), and the choice should be clear.

Your Halloween Robo-Call

Courtesy of Jason Silverstein at McSweeney's

"Hello. I'm calling for John McCain and the RNC because you need to know that Barack Obama talks during movies. During a recent screening of The Dark Knight, Barack Obama irritated several pro-America patrons when he echoed the famous 'Why so serious?' line to his wife, Michelle, who hasn't always been proud of being an American, much like the Joker. He'll raise his voice over Heath Ledger's. And he'll raise your taxes. That's why I'm so serious, my friends, about your vote on November 4."

Obama Update

To update Griff's post:

The Enquirer is reporting that Senator Obama will address a rally to be held at Nippert Stadium on the campus of UC at 9:00 pm. According to an email that UC has sent to students, gates will open at 6:00.

I'll be waiting to see if our local stations broadcast the address live, as they did in 2004 when Bush made a campaign stop here just before the election.

Ain't that America, we're somethin' to see, baby

Ain't that America, the home of the free

What kind of person puts a sign like this up in front of their business (Salem Hardware in Mt. Washington)? Or hangs Senator Obama in effigy on the University of Kentucky campus? Or hangs Governor Palin in effigy in West Hollywood?

Let's just have an election before any more of our ugliness is unleashed. It's quite sad.

But apparently we are still fighting over where Senator Obama was born out in Warren County, so on we go . . . . . . And what clever nefarious people Senator Obama's grandparents must have been to put that birth announcement in the Honolulu newspaper after his birth in 1961 --- you see, they knew, as all clever radical sleepers must, that this newborn would one day run for President against someone born in Panama (Didn't the Senate feel it necessary to pass a sense of the Senate resolution declaring John McCain a "real American" even though he was born in Panama?). But damn, these folks are sneaky. (All those of you who are mouthing the idiocy of Corsi, Berg, and Savage on this point please explain the birth announcement for me.)

Does everyone have their tinfoil hat on today? It is Halloween, after all.

Just Four More Days ---- KNOW HOPE AND VANQUISH NUTTINESS

Be Safe Among The Ghouls And Goblins In Our Midst Tonight!

Obama in Cincinnati on Sunday?

The word I have gotten is that Obama will be doing a large event in Cincinnati on Sunday Night. Anyone have more information on that? Send me an email with the details and I'll post it.

UPDATE: I guess I need to check all of email, I have an email from the Obama media folks and they have this on the schedule for November 2nd:

CHANGE WE NEED RALLY WITH BARACK OBAMA
Cincinnati area, OH
Details TBA

As I get more, I'll let you know.

Down-Ticket Races

Most of the media's attention has been focused on the presidential election. I suspect most people have made their decision in that race by now. But maybe people haven't paid attention to state- and county-wide races yet. To the extent that's the case, I wanted to create a post that pulls together info on the candidates in those races. Be clear: I'm not endorsing anyone; I'm just providing links to the websites and a description of a candidate's current post or position, where I can find it easily. Apologies for the length of the post.

Ohio Attorney General:
Repubican Mike Crites (currently in private practice) is challenging incumbent Democrat Richard Cordray. Cordray Nancy Rogers was appointed to the seat following the resignation of Marc Dann, but is not running to hold it.

County Commissioner (2):
Republican Ed Rothenberg (running without his party's endorsement) is challenging incumbent Democrat Todd Portune.
Independent Chris Dole (a registered Democrat running without that party's endorsement, currently a Crosby Township trustee) and Republican Greg Hartmann (currently Clerk of Courts) are running for an open seat (left open by incumbent Pat DeWine).

Clerk of Courts:
Democrat Martha Good (currently a professor at Miami) and Republican Patricia Clancy (currently a county probation officer) are running for this seat (left open by incumbent Greg Hartmann).

County Recorder:
Democrat Wayne Coates (currently bailiff to Judge Ted Berry) is challenging incumbent Republican Rebecca Groppe.

County Treasurer:
Democrat Steve Brinker (an attorney in private practice) is challenging incumbent Republican Robert Goering, for whom I can't locate a campaign website).

Common Pleas Court Judge (Three Contested Seats):
Democratic-endorsed Norma Holt Davis (currently in private practice) and Republican-endorsed Pat DeWine (currently a county comissioner) are running for a six-year term in a seat that is being vacated by Judge David Davis, who is retiring at the end of the current term.

Democratic-endorsed Jerry Metz (in private practice) is challenging Republican-endorsed incumbent Judge Fred Nelson, for whom I can't locate a campaign website, for a fresh six-year term.

Democratic-endorsed incumbent Judge Jody Luebbers is being challenged by Republican-endorsed Municipal Court Judge Russell Mock for an unexpired term that ends January 1, 2011. This is a mid-term election for a seat initially held by Judge Dinkelacher, who retired from Common Pleas Court after being elected to the Court of Appeals. Alex Triantafilou was appointed to the seat by then-Governor Taft in 2006, but resigned to become HamCo GOP chair before being required to defend the seat in an election.

Update: Post revised slightly to correct a really silly error I made with respect to the AG race.

Early Voting

Today, I went to the Board of Elections and cast an absentee ballot. From start (getting in line near Eighth and Broadway) to finish (getting my "I Made A Difference" sticker), it took about an hour. (I went around 2:00.)

I like voting on Election Day at my precinct, and voted early only because I'm slated to be a poll observer and won't be able to get to my own polling place. I'm a little sad that I won't be able to walk into my polling place on Tuesday.

But one benefit of voting early was getting to chat with some of the candidates, who were working the line (beyond the 100-foot demarcation inside of which political activity is disallowed). The candidates I noticed: Commissioner Pat DeWine (running for Common Pleas Court); Wayne Coates (for County Recorder); and Jerry Metz (for Common Pleas Court). Lots of other candidates had surrogates passing out flyers. Oddly, none of the candidates for Ohio's Second District were present or had any campaign workers in the area. Perhaps they've decided that the campaign will be won or lost in Clermont County, and are ignoring the part of the district within Hamilton County.

The folks at the Board of Elections seemed well-organized and were extremely courteous and helpful.

Political Art at 9th and Vine

Here's some interesting political art up near the corner of 9th and Vine Street.

Less is Less

CityBeat is reporting that the Enquirer will be cutting staff by 10%. I assume based on the article that this is above and beyond the voluntary buyout packages offered earlier this year.

No word on what part of the paper will be affected. Previously, there was a report of centralization of certain back office functions, so this could be related to that reduction.

If more content staff is reduced, we will have no paper left. Arts coverage has suffered so massively. The Enquirer is turning into a local TV station in how it structures everything. The local content is vanishing and no return can be foreseen.

Breaking News

Blue Chip Young Republicans announced they have endorsed Republican Ed Rothenberg over Todd Portune for County Commissioner. I know this will come to a surprise to everyone in Cincinnati.

Fountain Square Broomball FAQ

The Fountain Square Broomball League sign-ups began yesterday, here are the details:


WHAT: Team registration for the 2009 Fountain Square Broomball League (FSBL), the third season for Broomball on Fountain Square.

WHEN: Sign ups begin Monday October 27 and close Friday November 14 at 5 pm

WHERE: Go to www.myfountainsquare.com to download the registration form. Registration forms will not be available until Oct. 27.

WHO CAN PLAY: Anyone over 18! The 2009 FSBL will include 32 teams: 16 Advanced and 16 Beginner. Teams can include up to 12 players. Six players are on the ice at a time and at least three must be women. The 32 teams will be selected by lottery and announced before Thanksgiving.

HOW LONG IS THE SEASON: Six weeks starting January 5. Games are played on Monday, Tuesday and Wednesday evenings. Championship games will be played for both Advanced and Beginner leagues on Wednesday, February 18.

WHAT IS BROOMBALL ANYWAY: Broomball combines elements of soccer and hockey. Players wear gym shoes, not skates, and use sticks with a small, broom-shaped head to pass the ball and score goals.

CAN I WATCH INSTEAD OF PLAY: Of course. It's free to watch the games, and adult beverages are available. Live announcers call each game and the Fountain Square video board becomes a giant TV with a scoreboard, time clock and live camera coverage.

Concert:Nova: Where the Wild Things Are

Just in time to give you a childhood smiley fright:
CONCERT:NOVA Season Two - Where the Wild Things Are is a collaborative project centered around NY composer Randall Woolf's electro-acoustic score and German graphic designer Till Lassmann.

Hear the kickoff season two concert and help us celebrate the opening of an interactive installation at the UnMuseum! After the concert, come upstairs to the reception to hang out with C:N, composer Randall Woolf and designer Till Lassmann!

Costumes encouraged - it's almost Halloween! Plus, you could win a prize if you come with the best costume - it's worth dressing up for a little gift from concert:nova!

Location: CONTEMPORARY ARTS CENTER
Lois & Richard Rosenthal Center for Contemporary Art
44 E. 6th Street, Cincinnati, OH 45202

7 pm performance
8:30 pm reception
$20 admission/$10 students & ETA members

More in the Enquirer

Vote for the Music CEAs

City Beat's CEAs are fast approaching, so voice your opinion on the best music in town. Something to notice, there are a ton of new GREAT Bands out there. Hell, the Heartless Bastards weren't even nominated, but there are still a ton more great musical acts. This really is a great music town. It is too bad not enough people experience it.

On November 23, they can! Be sure to hit the CEA show at the premier reopening of the Emery Theater. Tickets are on sale now!

Bootsy Ruby's News

Julie from wine me dine me (and Cincy Blog too!) has some inside news on the new Jeff Ruby/Bootsy Collins restaurant opening up in December on Walnut St.

Just Got Robo Polled By NBC 4 Columbus

I just got a robo-poll call from NBC 4 out of Columbus on the election. They asked about President, and the statewide races and issues. They also asked several demographic questions. Nothing out of the ordinary asked.

I'll see if I can figure out how many people are like me in Ohio! Well, at least how many have a land line and are home on Sunday afternoon.

Bush Trying to Suppress the Ohio Vote

What I find most troubling about instances of voter suppression is how people like George Bush believe that voter fraud is some wide spread problem. Well, it isn't. In 2004 claims went out that it was wide spread. Well, there was no proof of that and in fact the groups accused of it were exonerated.

This is a red herring for a GOP that is facing its worst defeat in over 30 years.

An Interesting Factoid With Ten Days To Go In This Long Campaign

For 80 years, all successful Republican presidential tickets have had either a Nixon or a Bush on the ticket. That would be since the election of Hoover / Curtis in 1928. Looks like McCain / Palin will not break this string, barring a miracle like some white female campaign worker being mugged by a 6'4" black guy who carves a "B" for Barack in her face, while chanting "Obama is a muslim, born in Kenya, and Bill Ayers is god" --- oh wait, they tried that yesterday but it was a fake --- reminder that if you are going to look in the mirror and carve a "B" for Barack in your face, take into account that the mirror will cause you to carve it backwards, unless you adjust for that. It should look like a B, not a
--- ooops, did it again.

Well, there is Jeb waiting in the wings --- Palin / Bush 2012.

How many people actually agree with Rush Limbaugh and Michael Savage that Obama is really not in Hawaii visiting his dying grandmother, but is really there to destroy evidence that he was born in Kenya and not the US? (Wasn't John McCain born in Panama?) I am just trying to find out how large the tinfoil hat brigade really is.

Out Of Touch Enquirer

I really feel sorry for the Enquirer Editorial Board for this drivel. Did someone just go to the McCain website, take down the last two week's worth of talking points and re-write it? This just sounds like a McCain stump speech, right down to the "Joe the Plumber" bullshit.

The funniest thing is the equivalency game they play. To think that the sleaze that has poured out of the McCain campaign, directly out of the campaign, compares with a handful of extremists on the left is just nonsense. I would like to know how the Enquirer thinks Sarah Palin lying about Obama and the "palling around with terrorists" line compares with anything Obama or Biden have said about McCain or Palin. There is nothing that even approaches that level of sleaze/lies/distortion.

Is Ohio is Now Solidly For Obama?

When the Ohio Newspaper Poll has Obama ahead 49 to 46, is McCain toast in the Buckeye State? This poll has relied on prior election breakdowns too heavily and therefore had way too large of a Republican sample. Previously it had McCain ahead. At this point I believe you can at a minimum consider Obama ahead here beyond the margin of error.

I am not saying Ohio is a lock for Obama by any means, but at this point I think he has the advantage and it will take a huge 2004 type (anti-gay type) of GOTV on the GOP side for McCain to win Ohio. I don't think that support is there.

Why Warren County?

Is there a particular reason that a series of baseless lawsuits being filed in Warren County based on the election? Could we have seen this coming? Is there a up tick in tin-foil hat sales?

What makes people do these types of things? Is it the attention? Is it delusional thinking that they can change the world by believing in a myth so much that as long as they click their heels three times the fascist faerie will fly down from the sky and grant them their wish to seen the country back into the stone age of 19th Century Industrial Feudalism?

Would someone in the Warren County GOP just tell their nutty members at the meetings that, no, this will not save the day. It just makes Warren County look like a place with too many right wing nuts.

Ten Days And Counting --- Know Hope!

Do Joe The Plumber And Real Americans Drop $75,000 On An Afternoon At Nieman Marcus? Can We Just Stop The Pretense?

"Just make sure people understand that we know what Joe the Plumber was talking about when he was confronting Barack Obama and saying, 'Wait a minute, aren't you going to take my money, take my earnings and give it to somebody else who maybe hadn't worked as hard as I have worked?' What about this reward for strong work ethic, isn't that what capitalism is all about? Isn't that what the American economy should be based upon? And so when I mention Joe the Plumber, know that that's why I do mention it. Because we understand what his concerns were as he spoke to Barack Obama there in that rope line," she added. "We will be working for Joe the Plumber and working for the small business owners and those who wish to own business, those who have that entrepreneurial spirit and want to grow business and create jobs, hire more people and take care of their families."

"We believe that the best of America is in these small towns that we get to visit, and in these wonderful little pockets of what I call the real America, being here with all of you hard working very patriotic, um, very, um, pro-America areas of this great nation."

Gov. Sarah Palin in Greenesboro, NC

"Sarah Palin — she’s a lady that can get ‘er done. She’s been in Alaska. She got ‘er did! Folks, there’s a real America, and liberals hate real Americans that work, and accomplish, and achieve, and believe in God. That’s a great comparison."

Republican Congressman Robin Hayes warming up the crowd for Senator John McCain

UPDATE -- Do Real American Men Spend $8,000 A Month Having Their Makeup Done? I Don't Even Know Gay Men Or Drag Queens Who Spend That Much On Makeup.

From the Washington Post:

"Tifanie White, who reportedly has done makeup for the shows "So You Think You Can Dance" and "American Idol," was paid a total of $8,672.55 in September by the McCain-Palin campaign [to do Senator McCain's makeup], according to the campaign's latest monthly financial report filed this week with the Federal Election Commission. She was paid $5,583.43 the previous month, records show."

Who the hell are these people wearing their tinfoil hats and talking about "real Americans" and "socialism"?

So I am, as a gay man who identifies as an atheist and as a liberal or a progressive or even a revolutionary, when the Dow dips below 9,000, not part of real America. Sarah Palin apparently is a real American because she loves "real Americans that work, and accomplish, and achieve, and believe in God." But apparently Governor Palin is not above accepting a little free stuff, like a $150,000 shopping spree at Niemans and Saks and the like. Somehow, I doubt that the "real Americans" that Governor Palin purports to champion have that opportunity handed to them, much less have someone to do their makeup at $8 grand a month. And I am supposed to conclude that Senator Obama is "too different," "too exotic," "too other" --- Come'on, don't be coy, just say it out loud, John and Sarah: "too black" --- to be President. Hell, Palin's spending and McCain's makeup make them way more "other" to me than Obama's race and funny name.

Yeah, the hypocrisy smells to high heaven, but just to cut through all of that, let's just be honest, Governor Palin is not just like hard working Americans who have seen their savings looted by folks who shop at Niemans and Saks, nor is her buddy John McCain, he of the married fortune and the seven houses and the regular makeup. No matter how much they want to keep telling us they understand what is facing working people and how they understand how the poor middle class working stiffs making $250,000 a year feel when that "socialist" Obama says he is gonna take their money, John and Sarah don't have a clue.

Let's stop all the pretense and nonsense and have an election and live with the result . . . . . .

More Cool Heads on "Voter Fraud"

Earlier today, I took a trip over to the Hamilton County GOP Blog and remembered why I respected Alex Triantafilou so much when he was a judge.

Since Triantafilou left the bench to become chair of the HamCo GOP Chair, he certainly hasn't wasted any opportunities to throw "red meat" to the base of his party. I'm often irritated by what he writes (not merely because I disagree with him, but because I get tired of seeing the same old daily talking points--and I think he can do better than mindless regurgitation of the national party line).

But he takes his role as chair of the HamCo Board of Elections seriously. And while still managing to throw some "red meat" out there, in this post, his concern for the fairness--and the perceived fairness--of next month's election comes through:

I want to assure readers of this blog that the election in Hamilton County will be fair and that their vote will count. Are there problems? Yes. There are always problems in any system where humans are involved. But, will those problems lead to massive voter fraud that changes the outcome of the election? No. I have seen no evidence of this.

Yesterday at the Board meeting, I made a rather poor analogy that I will, unfortunately, repeat on this blog. I compared the perception of downtown Cincinnati to the perception of the election.

Downtown Cincinnati is mostly a safe neighborhood and a great place to live, shop and visit. There is the occasional crime that sometimes mars the image of downtown and draws a fair amount of attention. These crimes and downtown's proximity to a high crime neighborhood have caused the misperception that downtown is not safe. It is safe.

In the same way, a few bad actors (or groups) have possibly engaged in improper conduct with regard to voter fraud. Voting fraud rightfully draws tremendous media and public scrutiny because it can undermine the democratic process that underpins our society. This high level of attention to potential crimes have caused a misperception that the election is not safe. A special prosecutor has been assigned by the courts to deal with this question.

At a time when it seems that every Republican--from top-ranked surrogates down to Bill Cunningham--is getting in front of microphones to declare that the sky is falling and Obama is "stealing the election," it's nice to see Triantafilou inject some sanity into our public discourse. He doesn't gain anything from that post; in fact, he's probably being deluged with emails and calls from people within his own party incensed that he's not doing more to stop "voter fraud." Instead, we see an excellent example of Triantafilou's thoughtfulness and integrity. (It's what made him a good judge.)

There is no conspiracy to steal the election--either in Ohio or nationally--by either side. Some registration efforts may have gotten carried away. ACORN's actions were likely downright negligent: paying (unemployed) people to register voters and giving them a quota is guaranteed to get the results we're seeing this year: fictitious names in an effort to turn in enough names (the people submitting the names, frankly, couldn't care less about the election's outcome--they just want their checks). Similarly, the police officers whom Griff mentions (who, if the FOP is any indication, are likely to vote GOP) aren't trying to sway the election; they've just bought into a popular misconception that it's permissible for them to register at their police district. (If they're not Cincinnati residents, though, they need to get registered in the right place, as they shouldn't be casting votes in municipal elections.) What's going on out there? Some mistakes. Some overzealousness. But no right-wing or left-wing conspiracy. And probably very, very little in the way of actual criminal misconduct.

Say it with me again: just two more weeks.....

Thanks, Blue Ash

No doubt, everyone in Cincinnati has heard of Edna Jester, the octagenarian charged with a first-degree misdemeanor (carrying a possible sentence of 180 days in jail and a $1,000 fine) by Blue Ash's finest. Apparently, after a neighborhood boy's football repeatedly landed in Ms. Jester's yard, she refused to give it back. The folks in Blue Ash, of course, charged her with a crime. She's been cited into Blue Ash Mayor's Court--which means she was charged under a Blue Ash ordinance, which means this is about the same thing every other mayor's court case is about: filling the coffers of Blue Ash.

I have no idea why this case is being treated as criminal. The owner of the ball could file a civil lawsuit for conversion, but this is precisely the type of nonsense that has no business clouding our criminal dockets. The City of Blue Ash is represented in its criminal prosecutions by Dinsmore & Shohl. I'd be shocked if those fine attorneys lack the good sense to immediately dismiss the charge.

Happily, Ms. Jester's case has now made national news. I just saw it on TV in the midst of my Florida sojourn.

Way to be ambassadors for southwest Ohio, Blue Ash!!!

Is Joe Going to Charge Them?

Greg Korte reported this yesterday:

"Four people are registered to vote from 310 Ezzard Charles Drive - the Cincinnati Police Department's District 1 headquarters. All are Cincinnati police officers, according to city payroll records, and some have been voting at the West End precinct since the early 1990s.

It's not uncommon. The Enquirer found similar examples in other police districts and with sheriff's deputies in Hamilton and Butler counties. Election officials said they would look into the police officers' registrations.

'There's some sort of urban legend or myth that police officers or certain persons don't have to put their home address on their voter registration form. Everybody is supposed to be registered where they live, not where they work,' said Sally Krisel, the director of the Hamilton County Board of Elections. She's a Democrat."

So, if Greg can identify these police officers and Sheriff Department Employees that would allegedly have knowingly submitted a false voter registration, then when will Joe Deters indite them for voter registration fraud? If they have voted from their work, isn't that voter fraud?

As Donald point out below, I will agree that Deters did do the right thing when he recused himself from this investigation, but would it not have been both proper procedure (or legal requirement) as well as the ethical thing for Deters to have referred the "pretty credible" allegations of voter fraud made to the BOE, who then could have evaluated the situation and then requested that he investigate? I believe Deters had no other choice than recuse himself. He did act unethically and I believe there are grounds to investigate his actions as an abuse of power. If Deters wants to use the evidence he finds as a challenge to Ohio law, then he clear has over stepped his bounds. If he wants to change the law, he can write his state legislator. Otherwise he needs to get out of the way of BOE.

From a purely legal perspective, isn't it also common for Prosecutors to wait until after an Indictment before they make a public statement of the "facts" which are unproven and unsubstantiated? In today's article Deters appears to have found wrong doing has happened even before the grand jury has spoken. I guess we can skip right to sentencing and leave the judge out of it.

I think Deters was caught with his hand in the cookie jar and he had no other choice but to step back. His actions appear to me to be intended to both intimidate voters as well as creating evidence for the GOP to use if they want to challenge all of those votes in line with a broader challenge of Ohio law allowing registering and voting at the same period.

What I don't understand, is that back when Deters was Prosecutor before going to into state government, Ohio law didn't require any ID when registering or voting. How many times did he office investigate alleged voter fraud then? It was "easier" to do it then, but there didn't seem to be a big problem of it.

Cooler Heads Prevail In "Voter Fraud" Investigation

My blogging will be light this week, as I'm in Florida, enjoying my first vacation in about 30 months. I've been following the story of grand jury subpoenas about which Griff blogged below, and it's good to see a sense of order restored to the process today.

The Enquirer reports that HamCo Prosecutor Joe Deters has recused his office from the investigation. HamCo Common Pleas Judge Norbert A. Nadel, in his role as "presiding judge," has appointed Mike O'Neill, a young Cincinnati attorney, as the special prosecutor for the case. I applaud Judge Nadel (a Republican-endorsed judge running unopposed to retain his seat this year) on his choice.

I also applaud Mr. Deters for his decision to step back from the investigation. Strictly speaking, Mr. Deters would not operate under a conflict of interest in pursuing voter registration or voter fraud prosecutions. As he pointed out to the Enquirer, he has no way of knowing how any particular voter voted. (And there's no evidence that he cherry-picked voters from precincts that leaned one way or the other in past elections.) But he was correct to recognize the appearance of impropriety and let someone else handle this important issue. (Remember: appearance of impropriety is not the standard under which lawyers operate; that's reserved for judges. Lawyers only have to "conflict themselves out" if there's an actual conflict, not merely the appearance of one.) It's important for the county and the nation that the election be handled transparently and administered without partisan politics coming into play.

As for Mr. O'Neill: he was a year ahead of me at UC Law. He's an intelligent, thoughtful guy. When he was a prosecutor (under Mike Allen), he was well-respected by both those in his own office and the defense bar. Mr. O'Neill is the kind of lawyer who knows when he has a case and when he doesn't. He has an even, calm temperment that makes him well-suited to navigate this emotionally-charged issue. And I like his early comments to the Enquirer (at least as reported by that paper), that seem to signal that he's more concerned with getting the right result rather than a fast one.

So my advice: everyone should take a deep breath, sit back, and let this process work. This isn't about voter suppression--the steps former SoS Ken Blackwell took in 2004 were far more likely to keep voters away from the polls than is the investigation of a few individuals with anomalous registration records.

And keep repeating to yourself: only 2 more weeks.....

Abuse of Power By Deters

Hamilton County Prosecutor Joe Deters is using his office in an attempt to intimidate voters for Obama. Deters only took 40% of those who voted and registered early. What was that 40% based on? Did he have access to those registrations? Did he have party ID or address to select certain votes? Who is Deters serving? If he had credible and SPECIFIC allegations of fraud, he would not need to go after this volume. This is a violation of privacy that there is no evidence will produce any violation of the law.

Based on the article it appears he has acted not at the request of the BOE, who was required by the Secretary of State to report voter fraud to the Prosecutor, but instead from someone outside, with no conceivable knowledge of voter fraud from this number of instances.

Deters must step forward and reveal the source of the allegation of any fraud. Going on a fishing expedition on behalf of the Republican Party or even more egregious the McCain Campaign directly is an abuse of power and grounds for an investigation of Deters himself. The Attorney General needs to step forward and investigate Deters.


UPDATE: Here is more from 700-WLW and yes, it is just a press release with no research or detail added. The only redeeming quality about the story is the fact they put the following in quotes:

He says his office has received "numerous credible complaints" of irregularities.

Where did Deters get these complaints? Who are they from? If these reports are not from the BOE, then how are they credible? What independent evidence could there be other than the politically motivated false charges being leveled against ARCORN, which are bogus. TPM has the full background on the entire trumped up Republican political ploy.

Local Racist Out in the Open

Via Comments we get this:


Channel 12 is reporting his name as Mike Lunsford.

There are no words that can express my level of disgust at this "man". I wonder if he went to the Palin rally and was welcomed?

Yes, Cincinnati, there is open racism in the suburbs. Yes, there is open racism in the city too, just nothing we've seen this bad. What I fear we will get from many from the right wing is not defense of what he says, but his right to say it. All of that without forcefully condemning the pure hate Lunsford has.

Republican Ignorance Is Extreme

There is not only extreme ignorance that is WIDESPREAD amongst those attending this Republican rally, there is out right racism. If you don't know what I mean by the racism, watch for the guy holding the Monkey with the Obama sticker across its head.

I'd like to hear from anyone who went to or was around the Palin rally in West Chester yesterday. Are Ohio Republicans as bad as this batch from PA?

VIA TPM

The Extremism of the McCain-Palin Ticket

Typically, any pro-choice Democrat will be labelled an "extremist" by his or her Republican opponent. Sometimes, the Dem has earned that label, having been forced to run far to the left during the primaries. This year, though, it's the GOP that has turned into the extremist party, right in the midst of the general election campaign.

Abortion is a tough, tough issue. Nobody's mind ever gets changed by debates on the topic. It's emotional for both sides. Those who favor criminalization of abortion believe that abortion is nothing short of murder. The other side believes that whether to terminate a pregnancy should be a private decision between a woman and her doctor, and that government intervention in this area is a usurpation of individual autonomy of the most odious kind.

There seem to be some areas where lots of people have reached some agreement. Most pro-choice people believe that late-term abortions should be unlawful, so long as there's an exception where the mother's health is in jeopardy should she be forced to continue the pregnancy. And most pro-life people are okay with that exception.

But not John McCain. During an election year when the GOP--for a while, at least--has gone out of its way to attract women voters, McCain put scare-quotes around the word "health" as it referred to women. I gasped audibly when I saw this part of the debate:



Most people--even the most ardent of pro-life advocates--agree that a woman who is raped should be permitted to terminate her pregnancy. But not Sarah Palin. Last night, this commercial aired in some markets; it is, perhaps, the most powerful pro-choice ad I've seen.



John McCain was certainly right about one thing: elections have consequences. Are you ready for the consequences of a McCain-Palin administration?

The National & The Breeders Rock for Obama

Get down to the Square tonight (5 PM to 9 PM) and support Obama for President! Reports are that one of the special guests is Natalie Portman. I believe liberal men should be allowed to be men and be there in person to view and listen to the lovely actress.

While there, be sure to have a beer to support the Square!

Panic and Fear From WLW

It isn't a shock, but I feel it important to be point out what Willie Cunningham is saying on the radio about what would happen if Obama loses. This type of racial stereotyping is not new for Cunnigham, but this is a new low. Spreading panic and fear is just how Cunningham and others of his ilk make a living, and it pushes the divide on race in America further apart.

Cummingham fans will say he is just joking. The problem is that too many of his fans don't know he often says stuff to get a rise out of people. In the past, this type of comment is something he would never back down from when interviewed. It would be a miracle if WLW lowered the level of bigotry it allows on it the air, but they would have to replace half of their on air programming.

John McCain's Credibility...Is Not Real

Steve Chabot's eyebrows were not, I repeat, were not dyed black and used in the making of this commercial.

More on Bring Ohio Back.

Dayton Paper Endorses Obama

Senator Barack Obama received the support of Dayton Daily News.

Some in comments have been speculating that the Enquirer picked an entire slate of Republicans for Congress with little detail in part because they are trying to balance out a pick they will make for Obama. I would be surprised by that, but there is certain level of logic to it.

Shocked, Shocked I Tell You!

I am totally shocked that the Cincinnati Enquirer would endorse an entire slate of Republicans for Congress.

Yes, if you really think I am shocked, then you are an ignorant fool.

The Enquirer Editorial Board is totally out of touch with the fact the all of these representatives have done VIRTUALLY NOTHING for this area. The only Republican to actually have done "something" (and that's not saying that much) for the area was Rob Portman and he is not running. I would have thought the Enquirer might have a real reason why they support an entire Republican slate, but they don't. When I mean real, I mean credible.

Instead we get the disingenuous:

To deal with these issues and the crises we do not yet see, the United States needs a Congress willing to work together without partisan rancor.

McConnell, Boehner, Chabot, and Schmidt are as partisan as they come.

Robin at Taft Theatre Tonight

Anyone going to see Robin Williams tonight?

Anyone need a date and want to take me? :-)

Feel free to post your post-show report here.

VIP Police Escort Up Vine?

About 5 "VIP" charter buses just got a police (Sheriffs) escort up Vine Street towards UC. Anyone have an idea who it was? Could it be the Rutgers football team? Why would they need the police escort?

Red-Faced Anger Used To Be Blue

The Republicans (at this moment) are losing this election. And they're angry about it.

We see evidence of Republican anger everywhere. We see it right here at the Cincinnati Blog, where every post that comes close to touching on the presidential campaign spurs a commenter (generally known as "the Indiana troll") to make dozens of comments, most of which were cut-and-pasted from right-wing websites. We see it at Republican rallies, where McCain supporters recently have begun calling out disgustingly unacceptable epithets. We see it in the ads that John McCain, an once honorable man who promised to run is resuming a "respectful" campaign, has chosen to run in these waning days of the campaign.

The Republicans' anger is understandable. Their candidate is, after all, a genuine war hero--a scarce commodity in American politics these days. He's been in the Senate for decades. He's widely considered to be a moderate, the kind of politician who should be broadly appealing. His opponent, on the other hand, is a first-term senator who never served in uniform but still dared to run for office while the nation is at war; moreover, at a time when Americans are more suspicious of outsiders than they have been since, perhaps, World War II, he has an exotic-sounding name and background. Had one described such a scenario four years ago, it would have been laughable that this could even been a close election: McCain should be leading by double digits.

The Republicans are angry because they aren't just losing this election; they're losing their grip on the American electorate. Today, FoxNews (yep, that's right, Fox) released a poll. Like every other poll, it puts Obama in the lead (46-39). But the "internals" are what must be particularly disheartening for Republicans. Of those polled, 52% said they trusted Obama more than McCain (32%) to handle health care; 50% trusted Obama more than McCain (35%) to handle the economy (the most important issue for 49% of those surveyed); 45% trusted Obama more than McCain (40%) on energy independence; 46% trusted Obama more than McCain (41%) on taxes; and 42% trusted Obama more than McCain (40%) on cutting government spending. With respect to the war on Iraq, only 47% trusted McCain more, while 42% trusted Obama more. 46% think the Democratic ticket has "better judgment" than the Republican ticket (39%). That the Democrats have the confidence of the voters on so many issues (especially taxes and cutting government)--and that the Republicans are believed to be better able to manage the Iraq war by such a slim margin of voters--would have been unthinkable a year ago.

As Democrats, we can feel the GOP's pain, so to speak. After all, we felt much the same way eight years ago. Then, our candidate was the sitting Vice President, part of an administration that presided over eight years of peace and prosperity. His opponent was a relatively inexperienced governor whose primary claim to the office seemed to be genealogical. The Democratic base was furious about the campaign our candidate ran, just as the Republicans are angry with what they see as a lackluster McCain campaign today. Back then, we got angry. We questioned the Republican candidate's intelligence, even though he had degrees from Ivy Leagues institutions. We attacked his family. We made inquiries into his past that had no bearing on whether he was now qualified to lead. And we still lost.

Eventually, the anger will retreat a bit, and we will all sit down together and work through the serious problems we face. In the meantime, though, Dems should be tolerant of their Republican friends' anger; we've been there and done that. And Republicans should remember that they're not the first to be on the losing end of an election that they didn't think they could lose, and it won't be long (for Congress, two or four years, and for the White House, four or eight) before they're back on top again, wondering why we're so angry. So let's try to weather the next three-and-a-half weeks with some dignity, and make sure we can all hoist a beer together on November 5, once this election is over.

UPDATE: Earlier today, John McCain remembered who he was and why is so admired by so many from both political parties: he called for his supporters to be respectful. According to this report, he took time during a campaign rally to defend Obama as "a decent person and a person that you do not have to be scared of as president of the United States." As you all know, I have no shortage of disagreements with McCain with respect to the direction in which this nation should go. But today's events prove that at root, McCain is a classy guy, and I'm glad he remembered that. That's why the second paragraph of this post has been edited.

Never Know Who You Pass

On my way home from work tonight at a little past 6PM, I was faithfully following the speed limit (plus a little) down I-71. Over in the northbound lanes I started to see a line of motorcycle cops cruising along with their lights flashing. After a half dozen or so CHiPS look-a-likes, I could see more flashing lights and a big bus up ahead. I felt heartened that I might be passing Obama after his speech in Hyde Park. I wanted to attend the event, but I had to work. It sounds like a huge crowd came and that getting there was a mess. I was surprised they used Ault park as the location. It makes for a great photo, but a horrible place to get tens of thousands of people in and out of.

As the bus got closer I saw to my chagrin the name "Palin" on the front. Disappointment came over me like a huge waive and it was only a fraction of a second later that I was back focusing on the driving. I felt sorry for the traffic jam that lasted on I-71 Northbound from around the Cross County to nearly all the way Downtown.

5th and Race Under 3CDC?

The city has taken another step(next to last paragraph) in turning over development of the empty parking lot at the corning of 5th and Race Streets Downtown.

The Enquirer reported on the plan last week.