[Mb-civic] EDITORIAL Blaming the Messengers

[Michael Butler]

 The New York Times
February 3, 2005
EDITORIAL
Blaming the Messengers

One of the strengths of our democracy is that citizens are free to question
the results of an election. But four lawyers who did just that in Ohio,
contesting President Bush's victory, are now facing sanctions. These
lawyers, and other skeptics, may not have cast significant doubt on the
legitimacy of the outcome. But punishing them for trying would send a
disturbing message.

Clifford Arnebeck and three other lawyers contested the vote totals in Ohio,
whose 20 electoral votes put President Bush over the top. Ohio had many
problems on Election Day, including lines of up to 10 hours to vote, and a
shortage of voting machines in African-American neighborhoods. But they were
nowhere near widespread enough to erase Mr. Bush's margin of more than
118,000 votes. The lawyers also charged fraud, but they never proved their
case.

Ohio's attorney general, who represents Secretary of State Kenneth Blackwell
in the matter, has asked the State Supreme Court to sanction Mr. Arnebeck
and the others for mounting a "frivolous" challenge. Even though their case
was weak, these lawyers did a public service by raising concerns that many
voters shared. The burden put on Ohio's courts by their challenge was
minimal. Courts know what to do when they get a weak case: throw it out.

Imposing sanctions would be likely to deter people from raising concerns
about future elections, and ultimately undermine public confidence in the
electoral process. The Ohio Supreme Court should make it clear that people
have the right to challenge election results without fear of retribution.

It is odd that Mr. Blackwell, of all people, is requesting sanctions. He
made many bad decisions as Ohio's top elections official, including one to
reject voter registrations filed on insufficiently thick paper, an order he
later retracted. Mr. Blackwell and the officials responsible for the 10-hour
lines have not been held accountable for putting unnecessary obstacles in
the way of Ohio voters. It will be a poor reflection on our election system
if the only ones punished are the lawyers who tried to point out these
deficiencies.

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