Both paper ballot and optical scan alternatives were in question which would leave only electronic machines as a voting alternative.
On January 17, the ACLU of Ohio filed suit to block the use of paper ballots in the Cuyahoga County primary elections. On February 5, Damschroder, whose research fueled the ACLU suit, was called to testify before Federal Judge Kathleen O’Malley.
In another case of irony, Franklin County Prosecutors tried to stop his testimony arguing that Damschroder was too busy with Franklin County elections – ironic considering it was Damschroder’s meddling outside of Franklin County that helped fuel the lawsuit. [See Download%20File">Court document]
Damschroder testified by phone and Judge O’Malley blocked the attempt to stop paper ballots. The ACLU indicated it still plans to pursue a trial this year regarding central counting of ballots – one of the core concerns with EVEREST that the Brennan Center, Hoke and many others have with part of EVEREST.
Separately, on January 9, Association lobbyist Aaron Ockerman forwarded an email about excitement in Union County’s BOE in challenging the Secretary of State’s policy that paper ballots should be available if voters request them.
Damschroder forwarded the Union County information to Ohio House Republican Caucus attorney Jack Christopher who clearly saw an opportunity for more partisan gaming pitting Brunner’s position against Democratic Attorney General Marc Dann.
“Thanks, Matt … has anyone talked about requesting an AG Opinion? …interesting dynamic that would be?
On February 5, Union County filed suit to block paper ballots. On February 6 the case was moved to Franklin County and Secretary Brunner appealed the decision to the Federal Courts to try to dissolve a Union County restraining order. If chaos was the partisan goal to maintain status quo against EVEREST, the plan seemed to be working.
Bring the Chipotle, Aaron!
Damschroder’s banter with Hoke and Norden continued. He extended his invitation to meet with House and Senate Republican leaders and offered to schedule a Dispatch Editorial Board briefing.
On January 7, Damschroder wrote Hoke and Norden:
“I’ve contacted the House to let them know that you are going to be around and to let me know when you are going to be available. I should probably also reach out to the minority leadership as well, even though they are lining up be4hind the SOS on the changes for 2008… Also I’ve contacted the Dispach [sic} to see if they would be interested in having a private meeting with you – similar to an editorial board interview but probably with just one or two folks. Can be all on background for their edification if you want. Let me know.
Norden gave Damschroder the go ahead. Norden said in a ProgressOhio interview that the meeting did not include minority Democratic leadership, but that he and Hoke did reach out on their own to Democratic elected officials – but expressed frustration that they were unable to meet with Secretary Brunner, having tried since September.
The meeting was set for the House and Senate GOP for January 10 at 11:30. House legal counsel Jack Christopher set up the meetings, and correspondence indicates that Damschroder requested that House budget guru Ray DiRossi attend. In a final note, Christopher wrote to Senate policy aide Aaron Crooks:
“Aaron, Ray has requested that you bring the Chipotle.”
Apparently, well fed with EVEREST concerns, Damschroder reported good feedback from the meetings with legislative Republicans and set-up another time for Norden and Hoke to meet with the Dispatch Ed Board the following Wednesday.
