OHIO ELECTION Judge: Recount can wait

Officials in Mahoning, Trumbull and Columbiana counties will take part in the recount.
STAFF/WIRE REPORT
A federal judge has denied a request by third-party presidential candidates who wanted to force a recount of Ohio ballots even before the official count was finished.
Judge James G. Carr in Toledo ruled that the candidates have a right under Ohio law to a recount, but said it can wait. The judge wrote that he saw no reason to interfere with the final stages of Ohio's electoral process. Officials have said the results will be certified by Dec. 6.
Locally
In Mahoning County, officials certified the election results Wednesday. The only local recount will be for the Campbell Charter Amendment 1, which passed by 23 votes. The amendment gives Campbell City Council the authority to keep its full-time fire department, participate in a fire district or a mutual aid agreement, or purchase services from another entity.
In Trumbull County, the elections board will meet at 9:30 a.m. Monday to certify results.
Columbiana County officials certified election results Nov. 19 and there are no local recounts.
Lawsuit
Officials in all three counties will participate in the statewide recount prompted by the lawsuit Judge Carr ruled on.
The lawsuit by Green Party presidential candidate David Cobb and Libertarian candidate Michael Badnarik had asked Judge Carr to issue an order requiring Ohio Secretary of State Kenneth Blackwell to immediately begin a statewide recount of Nov. 2 voting results.
It also asked that Blackwell ensure that the recount be completed by Dec. 7, the date that Ohio's electors will be certified for the Electoral College. The candidates argued that results certified as late as Dec. 6 would not allow enough time for a proper recount.
The judge said Cobb and Badnarik could not credibly claim that they did or could garner enough votes to have Ohio's presidential electors cast their votes for them.
"Neither candidate plaintiff can credibly maintain that he possesses even a remote chance of victory through a recount," Carr wrote.
The candidates received a combined 0.26 percent of the vote in unofficial results. But they contend a recount is necessary to ensure accuracy.
Cobb spokesman Blair Bobier said in a statement issued Tuesday that lawyers for the Green and Libertarian parties were considering appealing the case to the 6th U.S. Circuit Court of Appeals.
Kerger & amp; Associates, the Toledo firm that filed the lawsuit, was in the process of reviewing the judge's ruling.
Blackwell spokesman Carlo LoParo said the judge's ruling was not unexpected.
"The judge made a fair call on the law," he said. "Ohio has provisions for losing candidates who want to request a recount, but there can't be a recount until the votes have been counted the first time."
The two candidates have said they raised more than $150,000 to cover the state's fee for a recount. Ohio law requires payment of $10 per precinct, or $113,600 statewide, but elections officials say the true expense would be far greater.
LoParo had estimated the actual cost at $1.5 million.