In the case before Judge Marbley, King Lincoln, et al. v. Brunner, et al., Civ. No. C2 06 745 (S.D. Ohio), the judge had issued specific orders directing Ohio's 88 county boards of election to preserve all ballots from the election until a decision was rendered in the case.
At least 56 county boards assert they have destroyed some ballots from 2004; seven counties assert they have destroyed all ballots.
This citizen-initiated action is pro se litigation in which the plaintiffs act as their own attorneys.
The papers in front of Judge Marbley also ask him to impanel a Special Grand Jury to investigate the destruction of ballots.
A Special Grand Jury, as a collection of citizens authorized to hear the evidence, is uniquely suited to sorting out the degrees of culpability associated with the destruction of the ballots. It is also authorized by statute to issue a public report, which can then be circulated to the employer of appointed public officials.
Paddy Shaffer, director, OEJC, said, "The time for accountability is now, prior to the November election of our next president. Many counties allegedly destroyed ballots before the election was even certified. Why would we trust these people with the upcoming elections?”
Mark Brown, a plaintiff in the suit and a candidate for public office in 2004, said, "Justice delayed is justice denied is injustice repeated."
The Ohio Election Justice Campaign was formed by concerned citizens, many of whom participated in the 2004 election as observers, election protection workers, poll workers, and election investigators as well as organizers and witnesses in Ohio's 2004 Presidential Vote Recount.
Plaintiff Tim Kettler, currently a Green Party candidate for Ohio Senate District 20, ran for Ohio Secretary of State in 2006. Kettler believes the only way to stop this type of criminal behavior and incompetence is through citizen action: "Whether we challenge these offenses in court or run for public office, we must replace those who would show such contempt for the law."