THE COURT: Mr. Epstein, would you agree that voting is the linchpin of our democracy?
[STATE ATTORNEY] MR. EPSTEIN: Yes, Your Honor.
THE COURT: I do too. What concerned me about the 2012-54 directive is that it was filed on a Friday night at 7 p.m. The first thought that came to mind was democracy dies in the dark. So, when you do things like that that seeks to avoid transparency, it appears, then that gives me great pause but even greater concern. So, if anyone Iím going to give additional time to, itís going to be you, Mr. Epstein, because you have a lot of explaining to do [...] Iím really trying to get to the root of this, and I donít want to see democracy die in the darkness on my watch, especially with voting. You know I have a special place for voting.
Ohioís attorney was unable to point to any legal justification for ignoring the law and shifting the burden to the voter. Marbley exploded:
THE COURT: So show me where it is. Show me where itís meant. Show me the legislative history. Show me the facts that the secretary used to make the decision to change this directive at seven oíclock on a Friday night on the eve of an election. I want to see it, and I want to see it now. Show it to me.
MR. EPSTEIN: Your Honor, I have no legislative history to present to the Court.
They really thought they could just cheat their way into power. Beside conspiracy theories, I've never heard any controversy with democratic presidents, or governors having to use the tactics some of the extreme republicans continue to use to get into office.