Last week we sent an email asking you to contact Senator John Kerry urging him not to withdraw from the Ohio recount case pending in federal court in Ohio. Since then, many of you have taken action and have voiced your concern to Senator Kerry. Thank you. Your voices are critical in the ongoing struggle to protect the right to vote. Some friends have responded by asking for further information or have suggested that the fight in the Ohio recount case is no longer worthwhile. We write to address these concerns.

Is Senator Kerry planning to withdraw from the case?

While not yet confirmed by Senator Kerry, Congressman Conyers and others have received credible information that Senator Kerry is preparing to withdraw from the recount case. Today, Congressman Conyers posted the letter we referred to last week on his blog (click on the word "wrote" in his blog statement to access the original letter): http://www.conyersblog.us/

Next Tuesday, August 30, Senator Kerry's lawyer will need to appear before Federal Judge Carr in Toledo, along with the other lawyers in the recount case. We will know by that point whether Senator Kerry intends to stay in the case. We may know earlier if he seeks to withdraw by filing papers doing so. What we know today is that your pressure is having an impact and we must keep it going. Please continue to call/email/send letters to Senator Kerry urging him to remain in this case and to join the amended counterclaims. Here again is Senator Kerry's contact information: http://www.johnkerry.com/contact/


Is fighting the Ohio recount case still worthwhile?

The struggle for the right to vote includes the struggle to ensure that all votes are properly counted. A recount is the procedure for doing that. If election officials resist our right to a meaningful recount conducted in accordance with basic constitutional standards, they trample on our right to vote. Senator Kerry must not withdraw from the Ohio recount case.

What is at stake in the Ohio recount case is whether recounts in federal (presidential and congressional) elections will be conducted in accordance with basic equal protection and due process as guaranteed by the US Constitution or whether they will receive the same kind of sham recount received in Ohio in December. For a fuller understanding of all of the serious violations that occurred during the recount in Ohio last December, see the amended counterclaims filed by David Cobb and Michael Badnarik at:
http://www.nvri.org/about/ohio_cobb_badnarik_counterclaims_123004.pdf. These amended counterclaims raise major constitutional concerns. David Cobb and Michael Badnarik are to be congratulated for continuing to press this fight for all of us. Senator Kerry should continue to stand by their side.

Thank you for all you are doing to ensure that recounts matter and that all votes are properly counted.

Keep on,

Tim Carpenter Director, PDA


This message was sent by Care2 Connect member: Michael L.