It was filed on 13 December 2004, and dismissed at the plaintiffs' request following the acceptance of Ohio's votes by the U.S. House of Representatives and the U.S. Senate on January 6, 2005.
[3] The case challenged Ohio's certification of its electoral votes, which had been awarded to George W. Bush and his running mate, Dick Cheney, the candidates on the Republican Party ticket.
Following the November election, Ohio's electors were scheduled to meet and cast their votes for President Bush on 13 December 2004.
A request was also made that the Court declare the Kerry-Edwards presidential ticket the rightful winner of Ohio's electoral votes.
[8] On 18 January 2005, Ohio's Secretary of State filed a motion for sanction against the plaintiffs, alleging that the claim in Moss v. Bush was meritless, did not meet the standards of evidence required by law, and was brought only for partisan political purposes.
First, Justice Moyer concluded that unlike civil litigation, the election contest statutes of Ohio do not permit sanctions for meritless charges.
On 20 December 2004, the case contesting "...the certification of the election of Thomas Moyer for the office of Chief Justice of the Ohio Supreme Court for the term commencing in 2005."