Federal Court Denies Request for TRO to Force Ohio Recount

The court’s order is here. Dan Tokaji gives this extensive analysis of Ohio’s recount and contest procedures, demonstrating, yet again, how close we came to another train wreck in Election 2004. Clarifiation on headline: The question at stake was one of timing. The requested TRO was not to require the recount — the Secretary of State apparently has agreed that there will be one — but to start it forthwith and to complete it before December 7, i.e., to speed up the Secretary’s initial count so that the recount can begin sooner.

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