The Brad Blog reports that the Greens and Libertarians have demanded reinstatement of the their federal court 2004 Ohio recount suit:
Yes, they're still fighting for your vote to be counted. A Federal judge recently dismissed their lawsuit charging that the 2004 Ohio Presidential Recount was gamed. The reason for the dismissal: The point was now moot, since the 2004 recount procedures would not be used again. But, according to 2004 Green Party Presidential Candidate David Cobb, what the judge didn't know when he dismissed the case, was that Ohio's SOB SoS, J. Kenneth Blackwell, recently announced that recount procedures would be the same in the future. Game back on, says Cobb in his motion to re-instate the case.
See also report at VoteTrustUSA.org:
Cobb Demands Reinstatement of Ohio Recount Lawsuit
By Blair Bobier, Green Party Media Director
February 22, 2006
The Ohio Recount lawsuit, which was dismissed by a federal judge earlier this month, should be re-instated because Ohio Secretary of State Kenneth Blackwell is still using the same flawed recount procedures he did in 2004, according to a Motion filed Friday by lawyers for 2004 Green Party presidential candidate David Cobb (pictured at right).
"Our suit was dismissed on the basis that Blackwell's obstruction of the 2004 presidential recount is now a moot issue. However, in making his ruling, the judge was unaware that Blackwell issued recount guidelines in 2005 which are identical to the inadequate procedures he used in 2004. Our Motion to the Court asks the judge to take this new information into account and to deny Blackwell's Motion to Dismiss the case," said Blair Bobier, the Media Director for the Green Party's 2004 presidential campaign.
Lawyers representing Cobb and his Libertarian counterpart, Michael Badnarik, filed the Motion to Alter and Amend on February 17, 2006, in the U.S. District Court in Toledo, Ohio.
On November 17, 2005, Secretary Blackwell issued Directive No. 2005-32 which established that the recount procedures used in Ohio in 2005 would be identical to those used in 2004.