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Ohio's chief justice refuses to remove himself from vote challenge

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COLUMBUS, Ohio - The chief justice of the state Supreme Court refused Wednesday to remove himself from a case challenging the results of the presidential election.

A group of voters had claimed Chief Justice Thomas Moyer "wittingly or unwittingly acquired knowledge of deliberate national and statewide election fraud" and should step aside.

Moyer called the voters' claim "wholly without foundation." He added that he has no reason to remove himself since the challenge doesn't involve his own election and he has nothing to gain by a change in the results.

Moyer also rejected the voters' requests for a speedy hearing and an order that elections boards preserve evidence from the election.

Citing fraud, 37 voters have challenged the results of the presidential race in Ohio. They point to long lines, a shortage of voting machines in predominantly minority neighborhoods and problems with computer equipment.

President Bush defeated Sen. John Kerry by about 118,000 votes, according to a recount of the official results paid for by two independent party candidates. Bush's win in Ohio allowed him to declare victory in the national election.

In Wednesday's ruling, Moyer said the challengers have provided "nothing suggesting that Ohio election officials are engaging, or will engage, in illegal conduct," and called their documents "woefully inadequate."

Cliff Arnebeck, an attorney representing the voters, said Wednesday said he was reviewing the documents Moyer referred to.

As to the chief justice's refusal to remove himself, "the important thing about the judicial process is the concept that you have a neutral judge," Arnebeck said. "It's disappointing that doesn't seem to be the priority here."

No hearings have yet been scheduled in the case.

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