Ohio Supreme Court Chief Justice Moyer threw out the case because the complaint involved two separate elections and the state law only allows a complaint to challenge one election. (Hat Tip: Lucianne.Com) The attorney for the complaining voters said he’ll refile and, presumably, he’ll be allowed to if he cures the procedural problem by filing separate complaints for each election being contested.
The AP article reporting this actually says that one of the bases for the challenge is that the actual election results were inconsistent with the exit polling data. I know the Dems or whomever have made that charge, but to actually put it into a formal legal complaint is surreal. Even more bizarre is the allegation that some 130,000 Kerry/Edwards votes were counted as Bush/Cheney votes — though there is absolutely no evidence cited to substantiate the claim.
While the separate complaints soon to be refiled may cure the present procedural defect, it wouldn’t surprise me if they were also dismissed via a Summary Judgment motion in the not too distant future, if there truly is no evidence to support the claims.