Rios v. Blackwell

CARR, Chief Judge.

This are voting rights cases. Plaintiffs seek prospective injunctive relief to guarantee access to Ohio’s recount procedures in future elections.

Jurisdiction exists under 28 U.S.C. §§ 1331,1332.

Pending is defendants’ motion to dismiss all claims under Fed.R.Civ.P. 12(b)(1) and 12(b)(6). For the following reasons, that motion will be granted.

Background

After the November, 2004, election, plaintiff Michael Badnarik, the Libertarian candidate for President, applied for a recount under O.R.C. §§ 3515.01, 3515.07. He claims he never received what he was entitled to because…