Kerry Files Motion to Protect Ohio Vote Evidence

William Rivers Pitt | t r u t h o u t | 27 December 2004

This afternoon, an attorney representing the Kerry/Edwards presidential campaign filed two important motions to preserve and augment evidence of alleged election fraud in the November election. The motions were filed in the matter titled Yost et al. v. Delaware County Board of Elections and J. Kenneth Blackwell (Civil Action No. C2-04-1139) with the U.S. District Court for the Southern District of Ohio. The document is titled "Motion Of Intervenor-Defendant Kerry-Edwards 2004, Inc. For A Preservation Order And For A Leave To Take Limited Expedited Discovery."

The purpose of the motions is twofold: A) To preserve all ballots and voting machines pertaining to the Yost matter for investigation and analysis; and B) To make available for sworn deposition testimony a technician for Triad Systems, the company that produced and maintained many of the voting machines used in the Ohio election. The technician has been accused of tampering with the recount process in Hocking County, Ohio, though other counties are believed to have also been involved. Any officers of Triad Systems who have information pertaining to said tampering are likewise subject to subpoena for sworn deposition testimony.

If the judge in this case allows these motions, and these individuals are served with subpoenas for deposition, the information disclosed under oath could have a major effect on the case. Likewise, judicial approval of these motions will open the door to forensic analysis of both the ballots cast and the machines they were counted on. If tampering took place, such an analysis could reveal it.

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