A pending decision about whether to appeal a federal judge’s decision in a disputed election could place Hamilton County taxpayers on the hook for legal fees in the case.
The case involves which provisional ballots to count in the Juvenile Court judicial race between Democrat Tracie Hunter and Republican John Williams from the November 2010 election.
Hunter lost by just 23 votes out of nearly 230,000 ballots cast. Some ballots weren’t counted, however, because although they were cast at the correct polling station, they were cast at the wrong precinct table, apparently due to poll worker error. Hunter then filed a lawsuit in federal court challenging the board’s decision.
U.S. District Court Judge Susan Dlott ruled Feb. 8 that 286 provisional ballots should be counted in the race.
On Monday the Hamilton County Board of Elections split 2-2, along partisan lines, about whether to appeal Dlott’s ruling. Because there was a tie vote, the matter goes to Ohio Secretary of State Jon Husted, a Republican who likely will side with his GOP colleagues on the board and order an appeal.
Like the Republicans on the county elections board, Husted has said state law, not a federal judge, should be the final authority on which ballots are counted.
“I am concerned about the continuing involvement of the federal court in prescribing which ballots should and should not be counted in a county judicial race in Ohio,” Husted said in January 2011. “As Ohio’s chief elections officer, I maintain that it is of utmost importance that we take this stand to preserve the authority of state law to govern state elections, as interpreted by the Ohio Supreme Court.”
But the U.S. 6th Circuit Court of Appeals already has upheld a ruling by Dlott in the case once before. The appellate court ruled in January 2011 that the board should determine how many ballots were cast due to poll worker error.
The three-judge panel said not counting ballots that were miscast through no fault of the voter would be "fundamentally unfair." Still, it looks like the board will try its luck with the 6th Circuit once again.
It’s routine in cases like this for the victor — plaintiff Tracie Hunter, in this instance — to ask the court to order the defendant to pay legal costs. Although the exact amount of legal fees incurred to date wasn’t immediately available, it’s believed to be in the range of $800,000 to $1.5 million.
If an appeal is pursued, the county could be at risk of paying much more. A lengthy appeal process could easily double what’s been spent so far, legal experts said.
The expense comes at a time when Hamilton County commissioners are cutting back sheriff's patrols and other county services to avoid a deficit.
Husted’s office hasn’t yet received formal notice of the board’s tie vote, a staffer said today. When it does, a legal review will be initiated.
“We will make a decision shortly thereafter,” said spokesman Matt McClellan. “We hope to make one soon.”
Interestingly, Dlott also commented in her ruling on the apparent unconstitutionality of Ohio law.
“Ohio’s precinct-based voting system that delegates to poll workers the duty to ensure that voters are directed to the correct precinct but which provides that provisional ballots cast in the wrong precinct shall not be counted under any circumstance, even where the ballot is miscast due to poll-worker error, is fundamentally unfair and abrogates the Fourteenth Amendment’s guarantee of due process of law,” the judge wrote.
Dlott said she was unable to order a remedy, however, because the original complaint wasn’t based on a due process claim and the plaintiff had failed to notify the Ohio Attorney General, as she were required to do if she intended to challenge the constitutionality of Ohio law.
Since then, though, the notice has been given. Conceivably, Dlott could rule on that issue in the not-too-distant future and order a remedy, namely declaring Ohio’s election laws unconstitutional and unenforceable.
Butler County Sheriff
Richard K. Jones announced that he is in favor of altering Ohio’s
law to make cruelty to animals a felony offense rather than a second degree
misdemeanor. As it stands, animal cruelty in Ohio is punishable by 90 days in
jail at most.
Jones took over the official duties of dog warden on Sept. 29, when the Butler County Dog warden’s office and the sheriff’s office joined together. A recent case involving an emaciated and abandoned white pit bull in Middletown pushed Jones to call for tougher animal cruelty laws.
Demonstrators outside of the courtroom displayed their discontent toward the leniency of the current law. Jones agrees that the maximum of 90 days in jail is not enough of a penalty for those who abuse and neglect pets dependent on them.
The sheriff is supporting
HB 274, currently under consideration. If HB 274 passes, it will make animal
cruelty a fifth-degree felony to torture, injure or kill a companion animal or
deprive it of water, food or shelter. Those convicted could receive six months
to a year in jail, bringing Ohio’s law up to par with that of other states.
A letter about the issue was sent on Tuesday to Ohio legislators, with copies to the Buckeye
State Sheriffs’ Association and the Public Animal Welfare Society (PAWS).
“The Jim Henson Company has celebrated and embraced diversity and inclusiveness for over fifty years and we have notified Chick-Fil-A that we do not wish to partner with them on any future endeavors,” the company said in the statement.
The statement went on to announce the company, under the order of CEO Lisa Henson, will be donating payments received from Chick-Fil-A to the Gay & Lesbian Alliance Against Defamation (GLAAD), one of the biggest pro-gay-rights groups in the country.
The news comes after a week of scrutiny following company president Dan Cathy’s declaration that he is against gay marriage. Politicians piled on to the news. Same-sex marriage opponents praised the company for its stance, while prominent Democrats and Republicans criticized Chick-Fil-A for the position.
The company has long held an anti-gay stance. It has publicly supported and funded anti-gay groups, and the company was reported to be co-sponsoring a marriage conference with the anti-gay group Pennsylvania Family Institute last year.
Chick-Fil-A has also been known for promoting fundamentalist Christian values. Founder Samuel Truett Cathy has identified himself as a staunch Christian, and the chain’s restaurants close on Sundays to respect Christian values. Even the company’s corporate purpose statement invokes religion: “To glorify God by being a faithful steward of all that is entrusted to us."
The company has also been criticized for religious discrimination in the past. In 2002, a former Muslim employee sued the company because he claimed he was fired for not participating in a group prayer to Jesus Christ. The lawsuit was settled out of court for an undisclosed amount.
Remember when we blogged a couple of weeks ago about how Greater Cincinnati has some of the worst air pollution in the nation? Yep, the American Lung Association's report, "State of the Air," gave us an "F" for ozone pollution, a "D" for 24-hour particle pollution and a "fail" for year-round particle pollution. That put us at the 10th worst spot in the country for year-round particle pollution and 14th worst for ozone pollution.
Solar and wind energy provider Pear Energy, which currently operates in all 50 states, released yesterday its "Dirty Dozen" compilation, a list of the 12 utility providers emitting the greatest carbon dioxide (CO2) emissions, a type of greenhouse gas. CO2 emissions, of course, are the gunk released into our atmosphere when we burn fossil fuels like gas, coal or oil. Excess CO2 in our atmosphere is directly linked to global warming.
Coming from a company that wants to sell you energy itself, it's good to approach the list with a little skepticism, but the methodology seems transparent; according to the website, all rankings were determined by total CO2 emissions in 2010 of power producers with retail operations that have carbon intensities above the national average emissions rate (stats were sourced from Environmental Protection Agency data).
While Duke Energy was pinpointed as the nation's worst offender, several other Ohio energy providers also earned accolades, including American Electric Power (No. 2), NRG (No. 8) and First Energy (No. 11).
First Energy is the utility provider that in 2012 partnered with Duke Energy locally to bring Cincinnati an electric aggregation program, allegedly useful for both lowering electricity rates and increasing use of renewable energy sources with group buying power. Last month, CityBeat covered allegations that First Energy was focused on weakening energy efficiency standards under Ohio's Clean Energy Law, supposedly to protect prices from shooting up for its customers.
U.S. Rep. Tom Massie, the congressman who represents the Kentucky side of the Cincinnati metropolitan area, used his first day in Congress to file a bill that would erase a 23-year-old federal ban that makes it a crime to carry guns near schools.
At the moment, Massie does not have any co-sponsors signed up. Details are sparse because the government printing office says it does not yet have the full text of the measure to put online.
The existing Gun-Free School Act of 1990, which was adopted when former president George H.W. Bush, a Republican, was in the White House is viewable here. The bill was amended in 1995. As late as 1999, the National Rifle Association (NRA) was testifying in support of the measure, a position it seems to have dropped after the Sandy Hook massacre.
Under the existing law, so-called “school zones” include but are not limited to parks, sidewalks, roads and highways within 1,000 feet of the property line of a public or private elementary, middle or high school. The law makes it practically impossible to travel in populated areas without entering a "gun-free school zone." People with state-issued licenses or permits to carry guns are exempted by the federal law, but the exemption is only good in the state that issued the permit.
The law doesn’t exempt out-of-state travelers who have permits, nor does it allow off-duty police officers to pack a weapon in a school. And it is a violation for anyone other than an on-duty police officer or a school security guard to discharge a firearm in a school zone for any reason. A state permit does not exempt a person from the discharge prohibition.
is a copy of the bill that retired U.S. Rep. Ron Paul introduced while
the Texan was campaigning for the Republican presidential nomination. He called
his repeal measure the Citizen Protection Act, and he got no support from
co-sponsors. Paul’s bill died when the new Congress was sworn in
yesterday, but Massie is now resurrecting it.
Massie is a tea party adherent — elected last fall to replace Geoff Davis — who largely shares the political philosophies of Paul and his son, Sen. Rand Paul, who is also from Kentucky. Massie voted against John Boehner for speaker on the opening day of the 113th Congress, an act of open defiance against the Republican House leadership.
Jailing juveniles as a form of “rehabilitation” comes with an expensive price tag. More than money, the criminal justice system costs kids their rights and that state seems to be OK with that.