Ohio: Husted directs elections boards to be ready for voting in two weeks | The Columbus Dispatch

Secretary of State Jon Husted wants a court to throw out his own directive. Under an order to county elections boards Husted issued on Friday, Ohioans could start voting a week earlier than he’d planned and cast a ballot during the two weekends before Election Day. But at the same time, the Republican is pushing for a higher court to overturn the lower-court ruling that added the days of early voting and eliminate them. Battling in court over when Ohioans can vote has become almost a biennial ritual, seemingly taking place every time the state has a gubernatorial or presidential election. This year, the dispute involves whether voters can start casting ballots on Sept. 30 or Oct. 7, and whether additional hours will be allowed on weekends and evenings.

Ohio: Going to jail before Election Day? You may be able to vote | The Columbus Dispatch

Registered Ohio voters who end up in jail the weekend before the election should be allowed to cast an absentee ballot, a federal judge ruled yesterday. U.S. District Court Judge S. Arthur Spiegel decided in a lawsuit filed by the Ohio Justice & Policy Center that he saw “no value in taking away this fundamental right, even for a short period of time.” Spiegel said since people who could afford to post bail could get out of jail and vote, preventing those who could not afford to post bail from voting poses an “unconstitutional wealth-based voting restriction.” Attorneys for the center said at least 400 people who were eligible were unable to vote in 2012 because they were in jail the weekend before the election.

Ohio: Elections chief issues new early voting hours | Associated Press

Ohio’s elections chief set a longer early voting schedule ahead of the fall election, while vowing Monday to continue appealing a federal judge’s ruling that led to the new times in the swing state. In a Sept. 4 decision, U.S. District Judge Peter Economus blocked an Ohio law trimming early voting and ordered Secretary of State Jon Husted to set an expanded schedule that includes a Sept. 30 start to early voting instead of Oct. 7. The judge also barred Husted from preventing local elections boards from adopting additional early voting hours beyond his order. Husted said that could create a “patchwork” of rules across the state.

Ohio: Appeals panel won’t halt judge’s early-voting order | The Columbus Dispatch

Ohio officials asked a federal judge yesterday to hold off from immediately forcing the state to comply with his ruling last week that expands early voting this fall. U.S. District Judge Peter C. Economus temporarily blocked an Ohio law that trims early voting, and he ordered the state’s elections chief to set an expanded voting schedule. Early voting would start on Sept. 30 instead of Oct. 7. Economus also barred Secretary of State Jon Husted from preventing local election boards from adopting early-voting hours beyond his order.

Ohio: Husted: Eliminating ‘Golden Week’ would protect elections | Telegraph-Forum

Ohio Secretary of State Jon Husted says eliminating “Golden Week” is necessary to ensure only Ohioans are voting in state elections. While speaking with editors for Gannett Ohio on Friday, the Republican incumbent said eliminating days when people can register to vote and cast a ballot on the same day is critical to deterring people from other states from coming to Ohio and participating in its elections. Previously, Ohio allowed early voting 35 days before an election — giving people a five-day Golden Week in which they could register and cast a ballot on the same day. The Ohio Legislature reduced early voting to 28 days before an election, eliminating this time. However, this past week U.S. District Judge Peter Economus blocked that law and restored the 35-day voting schedule. State officials, including Husted, are appealing that decision.

Ohio: Early voting order stands while appeal proceeds | Cleveland Plain Dealer

A federal court judge on Wednesday denied a request to stay his order restoring early voting cuts and allowing county boards of election to set additional hours while the state makes its appeal. Ohio Attorney General Mike DeWine and Secretary of State Jon Husted are appealing the decision to the U.S. 6th District Court of Appeals and on Tuesday requested a stay to avoid confusion among county boards of election. “Changing election rules so far into the election cycle disrupts the electoral process and threatens its fairness,” DeWine and Husted argued in their request. “Any requirement that Secretary Husted issue a directive to county Boards of Elections, only to potentially issue a contravening order in a few weeks, would cause particular harm. Changing the days and hours now, only to have them potentially changed again in a few weeks, will create needless confusion that can be simply avoided by a stay of this Court’s Order pending appeal.”

Ohio: Judge Strikes Down Ohio’s Ban on Campaign Lies | Wall Street Journal

A federal judge on Thursday struck down an Ohio campaign law making it illegal to lie about political candidates. The ruling by U.S. District Judge Timothy S. Black overturned a post-Watergate law aimed at cleaning up the political process that came under challenge by two conservative groups on First Amendment grounds. Among its provisions is a ban on false statements during campaigns and on ballot initiatives. Judge Black, in his opinion, said the law placed an unjustifiable burden on free speech:

In short, the answer to false statements in politics is not to force silence, but to encourage truthful speech in response, and to let the voters, not the Government, decide what the political truth is. Ohio’s false-statements laws do not accomplish this, and the Court is not empowered to re-write the statutes; that is the job of the Legislature.

The decision came just days after the 8th U.S Circuit Court of Appeals struck down a century-old Minnesota statute that outlawed false statements about ballot proposals. The court that presided over the Ohio case is part of a different federal circuit.

Ohio: Judge strikes down Ohio ban on political lies | Al Jazeera

In a ruling that could reverberate nationwide, a federal judge has struck down Ohio’s law barring people from knowingly or recklessly making false statements about candidates in a case that the U.S. Supreme Court said needed to be heard. U.S. District Court Judge Timothy Black ruled Thursday that Ohio’s law, in effect since 1995, is unconstitutional and prohibited the Ohio Elections Commission and its members from enforcing the law. The judge said in his ruling that the answer to false statements in politics is “not to force silence, but to encourage truthful speech in response, and to let the voters, not the government, decide what the political truth is. Ohio’s false-statements laws do not accomplish this, and the court is not empowered to re-write the statutes; that is the job of the Legislature,” Black wrote. The Supreme Court in June found unanimously that an anti-abortion group should be able to challenge the law, in a case that grew out of a 2010 congressional race. The Susan B. Anthony List, an antiabortion group, had contended that the Ohio statute violated free speech rights and chilled a wide variety of political speech.

Ohio: Democrats propose early voting plan after ruling | Associated Press

Democrats in the Ohio Senate on Tuesday called for a minimum number of early voting hours in the swing state, along with the flexibility for local elections boards to make their own schedules. The proposed legislation follows a federal court ruling last week in a dispute over two measures limiting early voting. One measure, a directive from Republican Secretary of State Jon Husted, established uniform early voting times and restricted weekend and evening hours. The other is a GOP-backed law that eliminates so-called golden week, when people could both register to vote and cast ballots. Without them, early voting would typically start 28 or 29 days before Election Day instead of the prior 35-day window.

Ohio: Early voting ruling can be appealed by state lawmakers, federal judge says | Cleveland Plain Dealer

Ohio lawmakers on Monday joined Secretary of State Jon Husted in appealing a federal court order that nullified legislation enacted earlier this year and restored cuts to early voting in Ohio. U.S. Southern District Court Judge Peter C. Economus on Thursday ordered Husted to set early voting hours during evenings and on six early voting days cut by Republican-backed legislation earlier this year, and allow county boards of election to set hours in addition to the statewide, uniform hours for the November general election. Under the Sept. 4 court order, early, in-person voting would begin in Ohio on Sept. 30 instead of Oct. 7. Husted and Ohio Attorney General Mike DeWine on Monday jointly filed a motion to expedite their appeal in the 6th U.S. Circuit Court of Appeals. Economus also instructed legislators to rewrite state law in accordance with his order.

Ohio: Judge blocks Ohio from limiting early voting | Toledo Blade

Ohio cannot enforce a new state law for this election that reduced the number of days available for voters to cast absentee ballots by mail or in person, a federal judge ordered today. U.S. District Court Judge Peter C. Economus granted a preliminary injunction sought by the NAACP, the League of Women Voters of Ohio, and a group of African American ministers that effectively restores the full 35 days of early voting prior to the Nov. 4 general election. He found that the law is likely unconstitutional even though the state argued that its absentee voting options are more liberal than most states in the nation. His order requires Secretary of State Jon Husted, a Republican, to add more evening voting hours and an additional Sunday to the hours he previously had set through a directive.

Ohio: Husted to appeal ruling on early voting limits | The Columbus Dispatch

A federal judge blocked Republican-backed reductions in early voting opportunities in Ohio for the fall election today. U.S. District Court Judge Peter C. Economus granted a preliminary injunction against a GOP-backed bill that ended “Golden Week” — when people could register to vote and vote on the same day — and a February directive from Republican Secretary of State Jon Husted that lopped off some weekend and evening hours of early voting in some urban counties. Husted said he will appeal the ruling “because we can’t simultaneously treat people the same and differently. Today’s ruling kicks the door open to having different rules for voting in each of Ohio’s 88 counties, which is not fair and uniform and was not even acceptable to this court or the plaintiffs previously.”

Ohio: Federal Judge Orders Ohio to Undo Cuts to Early Voting | New York Times

A federal judge on Thursday blocked Ohio’s cuts to early voting and ordered the state to establish additional polling days before November’s elections, saying the reductions would disproportionately harm the poor and members of minority groups. The preliminary injunction issued by Judge Peter C. Economus was a setback for Gov. John R. Kasich, a Republican and vocal proponent of the measures, and could affect the upcoming elections in Ohio, a closely contested swing state. Judge Economus’s ruling directed Ohio to restore early voting during evenings and on at least two Sundays, and to reinstate Golden Week, the first week of early voting in which many African-American churches organize congregants to register and vote on the same day. Mr. Kasich and his supporters have said the measures were needed to reduce fraud, save money and create uniformity of practice across the state, and that the four-week early voting period allowed sufficient time for people to cast ballots. A spokesman for the state attorney general, Mike DeWine, said the state would review the ruling before deciding whether to appeal.

Ohio: Lawmakers Want To Push Stalled Voter ID Bill | Ohio Public Radio

A group of conservative Ohio lawmakers thinks it’s time the legislature pass a bill under consideration that would require voters to show a valid driver’s license or state issued photo ID before they can cast a ballot. The leader of the Ohio Christian Alliance, Chris Long, is supporting lawmakers who have pulled a discharge petition to put an existing bill in the legislature up for vote.  If the majority of lawmakers sign that petition, it could force the Ohio House and Senate leaders to let lawmakers in those chambers vote for it.  The bill, which would require voters to show a driver’s license or government issued id before casting a ballot, has been stalled in a legislative committee and hasn’t been brought up for a vote by the general assembly.  Long says the measure is needed to prevent voter fraud, even though Ohio Secretary of State Jon Husted says there were only a little more than 2 thousandths of one percent of voter fraud cases in the 2012 election.

Ohio: Libertarians protest Kasich ties to ballot decision | Associated Press

Libertarians in Ohio cried foul Tuesday after learning a Republican consultant and appointee of Gov. John Kasich was responsible for hiring the law firm whose challenge pushed two of their candidates off the statewide ballot. Terry Casey worked for Kasich’s 2010 campaign and the governor has since appointed him to the $70,000-a-year job chairing the state personnel review board. Casey’s role hiring Zeiger, Tigges & Little emerged in a case in which Libertarians are asking federal Judge Michael Watson to restore governor candidate Charlie Earl and attorney general candidate Steven Linnabary to November’s ballot. In a new court filing, the party also says Bradley Smith, hired to oversee the disqualification hearing by Republican Secretary of State Jon Husted, didn’t disclose he was working for Ohio’s Republican attorney general, Mike DeWine, doing pro bono work at the time.

Ohio: GOP lawmakers in Ohio seek vote on photo ID bill | Associated Press

Several Republican lawmakers hope to force the House to vote on a bill requiring voters to show photo identification at the polls in the political swing state. Backers of the measure announced plans Tuesday to use a legislative maneuver to pull the bill from a committee, which hasn’t held hearings on it. The legislation was introduced almost a year ago. “What is the problem that we cannot have photo ID required for voting in Ohio?” state Rep. Matt Lynch said at a news conference in Columbus. “Frankly, there should be no problem because we can’t get on an airplane — we can barely get into a public building — if we don’t have such an ID.” Lynch, a Geauga County Republican, joined three GOP lawmakers in signing a discharge petition to get the bill out of committee. The petition requires 50 signatures from representatives to force it to the House floor for a vote.

Ohio: Cuyahoga County puts voting rights issue on ballot | Associated Press

Cuyahoga County voters will decide in November whether to approve a charter amendment that county officials hope will provide them with more authority to file lawsuits to stop or overturn restrictions on voting rights. County council approved a measure to put the amendment on the ballot by an 8-3 vote, with council’s three Republicans dissenting. The measure was sponsored by Councilwoman Sunny Simon at the urging of county executive and Democratic governor candidate Ed FitzGerald. FitzGerald said Wednesday that the charter amendment would strengthen Cuyahoga County’s legal position should it need to sue over voting rules as several groups are now doing. He said attorneys in the county law department worry that a judge might not allow the county to sue because county boards of elections, and not county government, oversee voting. “We’re anticipating legal arguments down the line,” FitzGerald said.

Ohio: Attorneys dispute impact of Ohio voting changes | Associated Press

A federal judge in Ohio is weighing arguments over the impact of early-voting changes in the presidential battleground state, as civil rights groups and voting rights organizations seek to block recent restrictions from being in place this November. Ohioans vote absentee by mail or in person without giving any reason. The lawsuit before U.S. District Judge Peter Economus challenges two early-voting revisions. One is a directive this year from Republican Secretary of State Jon Husted that set uniform, early voting times that included restrictions on weekend and evening hours. The other is a bill passed by the GOP-led General Assembly in February that shortens the early voting window. Instead of 35 days, the period would typically be 29 or 28 days. The law gets rid of a so-called “golden week” when people could both register to vote and cast a ballot at the same time.

Ohio: Federal judge hears Ohio early-voting argument | Toledo Blade

Ohio created a new right to early voting and cannot use cost figures to now justify infringing on that right, voting rights activists argued today before a federal judge. But the state argued that there’s no such thing as a constitutional right to cast a no-fault absentee ballot, which is what in-person early voting is. It contends Ohio has one of the most liberal voting systems in the nation. The League of Women Voters, NAACP, and several African-American churches sued to reinstate weekend and evening early voting hours that voters took advantage of during the 2012 presidential election. They’re also seeking to reinstate the so-called Golden Week, a six-day overlap between the prior 35-day absentee and early voting window and the 30-day deadline for voter registration during which a would-be voter could register and cast an absentee ballot on the spot. “Defendants don’t even dispute that Sunday voting is an African American phenomenon…,” said Sean Young, of the American Civil Liberties Union’s Voting Rights Project. “One Sunday afternoon isn’t enough to conduct all of these Souls to Polls activities.”

Ohio: Legislature’s request denied in voting case | Associated Press

A federal judge on Wednesday denied a request from the Ohio Legislature to become part of a lawsuit challenging early voting rules in the key swing state. The Republican-controlled General Assembly had sought to be among the lawsuit’s defendants, which include the state’s attorney general and elections chief. Attorneys argued that lawmakers had a right to defend the statutes they enact. But U.S. District Judge Peter Economus said the General Assembly failed to convince the court that its position differed from the current defendants. He also questioned the timing of the legislature’s request to intervene, saying it came more than two months after the lawsuit was filed in May. “The General Assembly has offered no reason justifying this delay,” Economus wrote. Attorneys have asked the judge to reconsider, saying they have complied with the court’s schedule.

Ohio: Justice Dept. joins suit challenging Ohio election rules | The Columbus Dispatch

The U.S. Department of Justice made good today on its promise to intervene in Ohio elections, joining an existing lawsuit trying to restore more evening and weekend voting for Ohioans. The federal government filed a “statement of interest” in NAACP litigation against Secretary of State Jon Husted and Attorney General Mike DeWine. A separate filing today challenged changes in Wisconsin voting laws. “These filings are necessary to confront the pernicious measures in Wisconsin and Ohio that would impose significant barriers to the most basic right of our democracy,” said Attorney General Eric Holder in a release.

Ohio: House Speaker says he’s open to law setting early voting hours | News Leader

The Republican head of the Ohio House says he’s open to considering legislation setting hours for early voting in state law, rather than leaving it to the secretary of state or court action to determine when Ohioans can cast ballots in person before Election Day. “We’re thinking about it, very definitely,” Speaker Bill Batchelder (R-Medina) told reporters following an event at the Statehouse this past week. Statehouse Republicans moved a series of election law changes over the current session but have not dealt with the voting hours issue. Absent action, Republican Secretary of State Jon Husted initially adopted an early voting schedule for the November general election that included mostly weekday polling, a plan he said had the backing of bipartisan county elections officials. A federal judge’s order, however, prompted Husted to open the polls over two additional days — the Sunday and Monday before Election Day, which were not part of his original directive.

Ohio: NAACP, others file lawsuit to restore voting ‘golden week’ in Ohio | The Columbus Dispatch

The Ohio Conference of the NAACP is asking a federal judge to expand early voting by restoring “ golden week” and allowing in-person ballots to be cast on more Sundays and during evening hours. Meanwhile, a coalition led by the Ohio Legislative Black Caucus said yesterday that it will continue its signature-gathering efforts to get an Ohio Voter Bill of Rights before voters, but it will not make the 2014 ballot. The NAACP lawsuit was filed with the same federal judge who two weeks ago required Secretary of State Jon Husted to implement early voting on the three days before Election Day. But the lawsuit filed this week with U.S. District Judge Peter C. Economus says that does not go far enough to ensure access to the ballot.

Ohio: Why early voting cuts hit African-Americans hardest | MSNBC

Voting restrictions imposed by Ohio Republicans earlier this year will make casting a ballot in the Buckeye State significantly harder, and will hurt African-Americans far more than whites, according to a new court filing which offers a wealth of data to back up its claims. The brief, filed Monday by lawyers for the American Civil Liberties Union (ACLU), asks a federal judge for an injunction to block the restrictions—cuts to the early voting period, and the elimination of same-day voter registration—before this November’s election. The ACLU filed suit earlier this year, alleging that the moves violate the Voting Rights Act’s ban on voting changes that have a racially discriminatory effect. But until Monday, it had not offered detailed information in support of its case.

Ohio: ‘Voters Bill of Rights’ effort misses July deadline, will continue to collect signatures | Cleveland Plain Dealer

Supporters of a “Voters Bill of Rights” constitutional amendment won’t attempt to put the issue on the ballot this November but plan to continue collecting signatures for a future November ballot. Amendment supporters had to collect roughly 385,000 valid signatures from registered Ohio voters by July 2 for the amendment to appear on the November ballot. The group has been collecting signatures since March, but were more than 200,000 signatures short. State Rep. Alicia Reece, a Cincinnati Democrat leading the group, said the all-volunteer effort has collected about 100,000 signatures in less than 90 days on a “shoestring budget.” Signatures that have been collected will still count toward the group’s final total.

Ohio: A ‘people’s movement’ for voting rights | MSNBC

After taking office in 2010, Democratic Ohio State Rep. Alicia Reece was determined to push back against Republican-sponsored voting restrictions. So Reece did what a lawmaker is supposed to do: She introduced bills, drew up amendments, pushed for hearings and testified before commissions. But with the GOP in complete control of state government beginning January 2011, she didn’t get far. Reece, 42, grew up immersed in the civil rights movement. She volunteered for Jesse Jackson’s Rainbow PUSH Coalition before she was old enough to vote, and at college in Louisiana she organized her dorm to fight David Duke, a onetime state lawmaker and former Ku Klux Klan leader who was running for governor. So with Democrats shut out in Columbus, and no end in sight to GOP efforts to restrict access to the ballot, Reece decided to go back to her roots. “I tried to work on the inside,” Reece, 42, explained on a recent Saturday over lunch at Pleasant Ridge Chili—the self-proclaimed inventor of gravy cheese fries. “Now, I had to go outside, and get organizing a people’s movement.”

Ohio: U.S. Supreme Court will allow constitutional challenge of Ohio law that bars campaign lies | Cleveland Plain Dealer

The U.S. Supreme Court unanimously ruled today that an anti-abortion group can challenge the constitutionality of an Ohio law that bars lies about politicians during an election. The Susan B. Anthony List in April told the Supreme Court that the law, which allows citizens to file complaints about untruthful statements with Ohio’s Election Commission, chills free speech before elections. “The threatened proceedings  are of particular concern because of the burden they impose on electoral speech,” said the decision authored by Justice Clarence Thomas. “Moreover, the target of a complaint may be forced to divert significant time and resources to hire legal counsel and respond to discovery requests in the crucial days before an election.” The case stemmed from an ad the group placed that accused former Cincinnati-area Democratic congressman Steve Driehaus of voting for “taxpayer-funded abortion” by backing the Affordable Care Act.

Ohio: Early voting hours set, but voting fight not over | MSNBC

His hand forced by a judge, Ohio Secretary of State Jon Husted has announced hours for early voting. But the war over access to the ballot in the nation’s most pivotal swing state isn’t over by a long shot. In a directive issued Tuesday afternoon, Husted, a Republican, set early voting hours for the four weeks before Election Day that are roughly comparable to the hours offered in 2012. Husted acted after a federal judge, in a ruling last week, required him to restore early voting on the last three days before the election. Husted had previously tried to cut early voting on those days. The judge’s ruling ensured that the “Souls to the Polls” drives that many black churches have conducted in recent years—in which people vote en masse after services—can continue.

Ohio: New early voting hours set after federal court ruling | The Columbus Dispatch

Ohio voters can cast ballots in person over an 18-hour period for the final three days before Election Day. Following a federal court order last week, Secretary of State Jon Husted set uniform hours today for in-person absentee voting on the Saturday, Sunday, and Monday before Election Day, which this year falls on Nov. 4. Those hours are from 8 a.m. to 4 p.m. on Saturday, Nov. 1; 1 to 5 p.m. on Sunday, Nov. 2; and 8 a.m. to 2 p.m. on Monday, Nov. 3. U.S. District Court Judge Peter C. Economus granted a permanent injunction June 11 preventing Husted from restricting or eliminating voting on the Saturday, Sunday and Monday before all future elections. The hours Husted had previously set for the governors’ election this fall included hours on the final two Saturdays before Election Day, but none on the final Sunday and Monday.

Ohio: Early voting hasn’t boosted Ohio turnout | The Columbus Dispatch

Early voting has not led to more voting in Ohio, at least not in terms of total votes cast. A Dispatch analysis of the vote totals from the past three presidential elections in the state shows that overall turnout in the 2012 race, when Ohioans arguably had the most opportunities in state history to vote early, was lower than in the 2004 election, when there was virtually no early voting in Ohio. Turnout in 2008, the first presidential race in which Ohioans had no-fault absentee voting and also the first time an African-American was on the ballot, was about 1 percent higher than in 2004. “People who vote early are people who are typically going to vote anyway,” said Paul Beck, a political science professor at Ohio State University. “So, early voting hasn’t really succeeded in turning out more people to vote. We’ve made it a lot easier to vote, but on the other hand, some people are very discouraged about politics and might not care how easy it is to vote.”